Soil Conservation Law

2 CA.P. 94.) SOIL CONSERVATION. CHAPTER 94. SOIL CONSERVATION. ARRANGEMENT OF SECTIONS. S#liofe 1 Short title 2 Interpretation PaovtStOIUL CoMWITTlt& AJID PaJU'AllATlON OP Sar,pq, ffla SotL CoMSKaVATIOJ(. 3 Preliminary meeting and provisional committee 4 Preparation of Soil ConseTV&tion Scheme F11tsT M1t1tTtNG OF PaoPat&Tou AND Antov>J. 01' SolL CoNU:llVATlON ScR&M& . .S Finit meetin~ of proprietors 6 Soil Conservation Scheme ... 7 Election of Board 8 Soil Coruiervation Scheme to be forwarded to the G<wemor 9 Publication in the Gazette ... 10 Amendment of Soil Con!l<"rvation ~heme Ru1.£S, RltGULATJONs AND G&NIIRAL Pow.a.as oP Bo.ARDS. 11 Rules .•. 12 Regulations . . . .,. 13 Board to have gffleral aupet'ViAion of toil comervatlon worn AcQCl!IITlOX OP PaOP!:rn' AJCD £,ryay trl'OK LAJlo. 14 Au1ui1otion by agrttment ... l!S Compul50ry acquisition of "'P"ropn--+ty and detennination of compe■11tn 16 Dispo'l&l of land Utl uired .•• .•. ... • .• 17 Pr.rKer lo enter upr.1n land k1scau..untous. 18 Name of Soil Co~rvation Division 19 Legal proceedinp 20 Contracts . . . . .. 21 Infants, etc., a!id per90ns abroad 22 Recov"ry of rates or charges 23 Appeals to Commwioner ..• 24 Estimat~ 25 Audit 26 lrrf'gular or improper expenditure 27 Deposit of money 28 Power of Board to require penons to construct,. etc., c«taia ,rc,rb 29 Compensation in ca..'IC!I other than by compullOly acquisition ... 30 Application . of ~il ~n!ICrvation Scheme to property outside Soil Con..qervabon D1vi.s100 . . . . . . . . . • •• 31 Supeniell~ion of Board 32 Oi!l:SOlution by Governor 33 Loans to become due and payable on dL'l!IOlution 34 Delegation of pow"rs .. 35 Damage to soil con~rva.tion worn 36 Disposal of penalties ScRJWULB •• . • r • ,. ' ' • .. • SOIL CONSERV AT/ON. [CAP. 94. l LAW . TO PROVIDE FOR THE CONSTITUTION OF SOIL CONSERVATION DIVISIONS AND FOR THE PREPARATION AND ENFORCEMENT OF SOIL CONSERVATION · SCHEMES AND OTHER MATTERS CONNECTED THERE\VITH. [28th April, 1952.] 10 ., ,2. 16 ., .56. 3 1. This Law may be cited as the Soil Conservation Law. Short title. l. In this Law, unless the context otherwise requires-,.. Inte1pnta tiot1. " Board " means a 'Board constituted as in section 7 provided·; . " Commissioner. " means the Commissioner of the district within which a Soil Conservation Division has been constituted or within which an area proposed to be constituted as a Soil Conservation Division, is situate : Provided that where a Soil Conservation Division comprises areas situated in more than one district under different Commissioners, it shall mean such Commissioner as may be nominated by the Adminis trative Secretary to act in respect of such Division for the purposes of this Law ; · " mukhtar " means the mukhtar of the town, village or quarter within which a Soil Conservation Division, constituted under the provisions of this Law, is situate : Provided that, where such Division comprises areas situated in more than one town, village or quarter. with different mukhtars, it shall mean such mukhtar . as may be nominated by the Commissioner to act in respect of such Division for the purposes of this Law ; " property " means land, trees, vines, springs, wells, boreholes, water and water rights whether held to gether with, or independently of, any land and an undivided share in any property as hereinbefore set out: Provided that, for the purposes of sections 14, 15 and 16 and of the Schedule to this Law, it shall include buildings and other erections, stnictures or fixtures . affixed to any land or to any building or other erection or structure ; 4 2 of 16/56. CAP. 94.] SOIL CONSERVATION. " :r.roprietor" meclns any person who owns, 1'itlia a Soil Conservation Division or an area proposed to bt constituted as a Soil Conservation Division, m movable property of an aggregate value, as registeml or recorded 1n the books of the District Lands Offia-. of not less than one thousand mils and includes ( a) any person who occupies any such immo,·a~ property under a written hire-purch.-. agreement; (b) any person who occupies any such immoYablr property under a written lease and tht owner has consented, in writing, to su~ person being regarded a.s a p1oprietor far the purposes of this Law: Provided that the heirs of a deceased proprietor whose immovable property is still registered or re,. corded in his nan1e shall be deemed to be a single proprietor·and may, for all purposes of this La"·· ~ represented by one heir duly authorized in that behalf by the heirs ownirtg the major interest in the in,. movable property registered or recorded in the namt of the deceased proprietor ~ "Soil Conservation Division" means a Soil Coo servation Division constituted under the provisions ci this Law ; " soil conservation measure " means any measua applied to land for the purpose of (a) the prevention of soil erosion or the reclamatd of land affected thereby ; (b) the prevention of sand drift or the reclamatial of land affected thereby ; (c) the frotection, conservation or impro,·emeat o the land, the vegetation, the surface cl. the land and the soil ; (d) the protection, conservation or stabiliutioa of any water source or water supply ; or (e) the betterment of any stream. river, nt~ course or \\•ater coun:e lands : "soil conservation works" tneans any works coo structed on land for any of the purposes mentioned lll the definition of the words " soil conservation measun- .. SOIL CONSERVATION. [CAP. 94. 5 PROVISIONAL CoMMinEE AND PREPARATION OF 5cHEME FOR SoIL CoNSERVATION • . 3. (1) It shall be lawful for the Comll'U$ioner, if it Pnllmlauy ippears to him desirable that soil conservation measures =~ 6.?uld be applied to any area, to call a preliminary meeting ~~ i such persons as may, prima facie, appear to him to be iroprietors within the area likely to be affected by such neasures . (hereinafter referred to as '' the area affected "), md such persons, if they so decide, shall proceed to munate from among themselves a provisional committee • not ·less than three and not more than five ~rsons ,aueinafter referred to as .. the Provisional Committee"), rhich shall proceed in the manner hereinafter provided in ~ection with soil conservation measures within the area ~ed. (2) The Director of Agriculture shall be the Chairman i the Provisional Committee. l. {1) The Provisional Committee shall, as soon as =ttaa 5'ble, after its formation, proceed to prepare a scheme 01 ~ soil conservation in respect of the area affected with full =.. culars with regard to such scheme including- · (4) the general measures which it is proposed to apply in connection therewith, together with· an estimate of the approximate cost thereof ; (b) the area which may be affected by the scheme : (c) the possible restrictions or regulation of grazing · and of other rights or of the use of land for the prevention o~ soil erosion, the conservation, protection and improvement of the soil, the surface of the land, the vegetation and of the water supplies of the land. (2) For the preparation of the scheme as in subsection (1) ·fOVided, the Provisional Committee may seek the assistance j any other person and all costs and expenses involved 1 the preparation of the scheme may, subject to the Jdministrative Secretary's consent, be defrayed from public mnue. a. 12 SOIL CONSERVATION. FIRST MEETING Oft PROPRIETORS AND APPROVAL • . SoIL CoNSERVATION ScHEIIE. . ,5. (1) When the scheme for soil conservation ~0ti.W ln section 4 is completed, the Commissioner s aU Q meeting of the proprietors '(hereinafter refetted to as •• first meeting " which expression shall include lily adjotrft ~ mentor adjournments tliereof), by causing a written nctx.c. to be posted on his office notice board and at a cons~ place in the town,· village or quarter in which tfie a.tea affected is situated not less than fifteen days before Utt'. ,meeting,. stating the day, •time and place of the ~tfllp and calling upon -such proprietors to attend thereat eithet :in ~rson or by proxy appointed by an instrument ceniW. · by the mukhtar of the town, vill~e or. quartet in wlsidl tliey ~ide for 't~e p~ of deciding whether. the tch~ Jor soil conservation shall ,be appro~ and a Soil Comentt .. :. tion Division constituted 1n coMection therewith. • (~ The Commissioner shall · preside at the first met~ · ancl, if anr question is raised u to the right of any pen0II . to attend thereat or to vote or u to the number of Im TOte& .the Commissioner may 1 there and then, ~alee such enquW ·u ·he. may deem reqU1Site, and his decas1on thereon ihal be final : and an entry shall be made in the minutes c,f th& meeting of. any .such question and of the decision. (3) · The , Commissioner shall lay before· the p~tofl the scheme for soil conservation prepared by the Proffliot,11 Committee. (4) No business shall bd transacted at\the fust meetifw and no decision shall be taken thereat, uni& the number ,A . votes which the proprietors or proxies present thereat tr.af· cast as in subsection (8) provided. exceeds half the numhi of the votes which could be cast if all proprietors had ba present. · . (5) All questions. or resolutions pro~ at tbe fir1r" meetin~ shall be determined by a majonty of not Im Ua. two-thirds of the votes cast as in subsection (8) pn,\iW . by persons present and entitled to vote. • (6) The Commissioner shall keep or cause to be ~ minutes of the proceedings of the first meeting and sbil enter or cause to be entered therein the questions « resolutions proposed thereat and the number of ,-oRJ SOIL CONSERVATION. [CAP. 94. given for· or against them and shall, at the close of the meeting, sign the minutes and publicly declare the result of votes given . . (7) If, at the first meeting, no business can be transacted by reason of the provisions of subsection (4), the Com niisitoner may, at his discretion, adjourn the meeting to a day and place to be publicly declared by him at the meeting ma no further notice thereof shall be necessary : Provided that no subject which was not contained in the notice convening the first meeting shall be discussed or considered at any adjourned meeting, unless due notice of the subject is given as provided in subsection (1) of this lettion, '(8). A proprietor whose immovable property is of an , .; 1e,-. anregate, value as registered or recorded in the books of .tfle District Lands Office of (i) not leu than 1,000 mils and not more than 5,000 mils, one vote : (m more than 5,000 1nils anJ not more than 15,000 mils, two votes : (IH) more. than 15,000 mils and not more than 30,000 mib,.. three votes : (Iv) more than 30,000 mils and not more than 50,000 mils, four votes ; (v) more than 50,000 mils from five to ten votes, as the Commissioner may, having regard to the ~gate value of the property and all the circumstances of each particular case, from time to time, by order, direct. 6. A scheme for soil conservation may be approved as w ec. ~ or may be altered in such manner as may be =:: aec1ded at the first meeting and such scheme as may be finally apptoved at such meeting by the appropriate majority as in section 5 drovided, shall, subject to the ~visions of sections 8 an 9, constitute a scheme (herein after referred to as "the Soil Conservation Scheme ') with regard to the area aff~ted thereby. . . 7. ·(1) 'Upon the approval of the Soil Conservation 1t1ect1aa Scheme as in section 6 provided, the proprietors shall of Doud, proceed at the first meeting to ·elect by open vote, to be taken by the Commissioner as to him shall, in all circum 12 (2) 7 9oilCaD Nl'fttioll Scheme to be for- ' warded to the Governor. OAP. 'H.J SOIL CONSEN.Y ATION. stances, appear convenient, a Board consisting of foot persons from among the proprietors and the provisions of subsection (8) of section S as to voting shall apply to -~ election of the Board : Provided that where all the proprietors are not th~ inhabitants of the same village the Commissioner may, i:-. his discretion, increase the membership of the Board b:: any number not exceeding three and may allocate sue~ increased membership to the village or villages the inhat:• tants of which are in the minority amongst the proprieto~; and in any such case only proprietors who are inhabitan:1 of the village in respect of which such increased membersh:? has been allocated shall be entitled to be nominated for thlt membership. (2) At the conclusion of the voting, the Commissior.« shall count the votes and the person who have received tbt gttat~t number of votes shall be declared to be elected• the Board. (3) In case a person elected as a member of the Bolfll does not accept his election, the persons who received tbt greatest number of votes next to such person shall bt deemed to be elected as a member of the Board in the place of the person who has not accepted his election. (4) The persons elected as members of the Board ~bait hold office for three years and shall be eli~ble for re-electiall and. if any vacancy occurs in a Board, 1t shall be filled In· the co-option of a proprietor by the remaining members of the Board, to hold office during the unexpired period u aforesaid. (5) The Director of Agriculture shall be the Chairmu of the Board with a right to vote on all questions and. b case of equality of votes, he shall have a casting vote ia addition to his own vote. (6) Upon the election of the Board, the Pro,isiotUI Committee shall cease to exist and shall be dissoh~ed and all documents in its possession shall be handed over to the Chairman of the Board. · 8. The Board, upon its election, shall forthwith transmit to the Governor a copy of the Soil Conservation Scheme and shall inform him that a Soil Conservation Division has been constituted in connection therewith and the Goveroor may either approve or disapprove the scheme and Uk SOIL CONSERV AT/ON. [CAP. 94. 9 ;onstitution of the Division and, in the latter case, the JCheme shall be deemed to be abandoned and the Division Jissolved and no further steps shall be taken in connection therewith : Provided that the GQvemor may, before approving or disapproving a scheme, refer the same back to the Board for further consideration and withhold his approval or •.pproval until the scheme is transmitted back again to him. 9. Upon the receipt of the Governor's approval as in ~bHcette section 8 provided, the Chairman of the Board shall cause ~. a notice to be published in the Gazette ~tating that with the Governor's approval a Soil Conservation Division has been fonned ~if ying the boundaries of the area comprised in the Division and containing a copy of the Soil Conservation Scheme which will be in operation within such area and such notice £hall be conclusive evidence of all that is stated or specified therein and of all that is set out in the copy of the scheme contained therein and such scheme shall be binding on all f roprietors and all other owners of property within the Soi Conservation Division and on all persons deriving title or claiming through such proprietors or owners and shall be enforced under the provisions of this Law. · 10. A Soil Conservation Scheme may be amended by the ·Ar-•itmeet decision of the proprietors taken at a meeting convened ~ by the Chairman of the Board at which he shall preside ; tioft ~heme. but subject to this the provisions of sections 5 and 6 shall apply mutatis mi,tandis to the meeting convened as herein lH-fore provided and the provisions of sections 8 and 9 shall also apply mutatis mutandis in all other consequential matters regarding such amendment. Ruus, REGULATIONS AND GENERAL POWERS o, BOARDS. 11.· Upon publication of the notice in the Gatette as In R ... section 9 provided, the Board shall, at a meeting specially convened by the Chairman, proceed with all expedition to draw up rules (hereinafter referred to as " the Rules ") . (a) prescribing the procedure to be followed and the practice to be observed at the meetings of the • l \J Bo..1rd, including the number of persons requ.im to form a quorum; (b) providing for the calling of meetings of proprieti>rt. (other than the first meeting) and for the elect-Of) of future Boards; (c) providing for the preparation, by the Chairman er by his direction, of annual estimates and t1,it date by which they shall be presented ,,4 approved by the Board; (d) subject to any special provision in this Law prescribing the manner in which publicity sbaU be given to notifications and decisions of ~ Board. 'Replatlom. 12. (1) Every Board may, in connection with the Su: Conservation Scheme, make regulations (a) for the construction and maintenance of any scil conservation works; (b) as to the manner ln which any land shall 1lt prepared for planting, including pro,isiom relating to 'the rotation· of crops or strip cropping or tree planting; · (c) for the withdrawal from cultivation or grating al ahy defined portion of land for specified periods; . · (d) for the restriction of the, numuer or kinds of livestock which may, for any specified period. be grazed on any defined portien of land: Se/16/M. ,(e) prescribing the maximum rate or charge that may be levied upon any one of the persons bound by the Soil Conservation Scheme as in section 9 provided and empowering the Board \\ithin such maximum to levy upon each such person such rate or charge as it may deem appropriate having regard to the benefit accnting to such person from the soil conservation works ; and prescribing the manner in which, and the date or dates upon which, such rate or charge shall be levied and paid ; (/) prescribing the manner in which dissolution of the Soil Conservation Division may be decided upon, the procedure to be followed therefor and providing for the payment and discharge of SOIL CONSERVATION. [CAP. 94. any debts or liabilities of the Board and for the disposal, subject to the approval of the Com missioner, of any moneys held by or on behalf of the Board at the time of such dissolution ; (g) generally for giving effect to, and the proper carrying out of, the Soil Consetvation Scheme. (2) The regulations when made shall be signed by the Oiairman and shall be posted in a conspicuous place in the town, villa~e or quarter within which the Soil Conservation Division is situate. (3) Within one month from the date of the posting of :he re~lations, any person who objects to any of the :!glllabons may a~ply to the Commissioner for the unendment and rectification of the same. (4) The Commissioner shall consider such application .111d his Jecision thereon shall be final and conclusive. (5) If, as a result of a decision by the Commissioner, it oecomes necessary to amend and rectify the regulations, the Commissioner shall amend and rectify the same accordingly and shall make such adjustments in all or any of the regulations as such amendment and rectification may necessitate. (6) After all objections, if any, have been considered md determined, the regulations shall be published in the ,jazette and, thereupon, shall be binding and conclusive in respect of all matters therein. · (7) The regulations may be amended from time to time by the Board and the procedure provided in this section for the making of, and the objections to, the principal regulations shall be observed in all respects in case of any mch amendment. (8) Any person, who acts in contravention or fails to >bserve any regulations made under this section, shall be ~uilty of an offence and shall be liable to imprisonment not txceeding one month or to a fine not exceeding twenty-five pounds or to both. 11 13. (1) The Board shall be charged with the carrying ~ to out of· the Soil Conservation Scheme, it I shall have the .~JT~ ge. neral control and supervision of any work in connection of 10n con lefVation ,works, 12 lc:Wult. CAP. 94.] SOIL CONSERVATION. therewith and, in particular but without prejudice to tlR generality of the foregoing powers, may ( a) with the consent of the Administrative ~arr and subject to such terms as he may think k to impose, contract a loan in connection will the Soil Conservation Scheme ; - . (b) with the consent of the Commissioner appoint it persons to be the Secretary and Treasurer ud such other officers as may be required to perform such duties as the Board may direct at sudl. salary as may be fixed by the Board: (e) employ at the current rates of wages any sen-ats . or labourers ~uired ii) connection •ith * · · Soil Conservation Scheme. · . , . (2) For the pu~ of securing the pa~ent of* principal and interest of any loan, a Board shall haw.~« to mortgage to the lender any rates or charges le\~ ·under the provisions of this Law or any regulations madt th~der. Acou1srr10N OP ;pltOPERTY AND ENTRY UPON J.oD. 14. Whenever any•,.).... ~perty is 1e9.uired for an)· IDil conservation measures or, ~he reclamation of land affected thereby, or for . the protee;ion of catchment areas or 11:e conservation of water sources, such land may be acqaiftd. by•the Board by agreement with the owner. . . . 15. (1) If any property ~uired for any IOU comen"llbl measures cannot be acquired by ~ent. the Boa...9'f tnay decide that the propertf be acquired for any of t» said measures as may be specified therein. · A copy of sucl resolution and of the · minutes relating thereto, to~ with a plan of such pro~rty .and particulars as regards fb owner, estimated value, description and any other matter as may be necessary for the purpose, shall be fon,-arded to the Commissioner for transmission to the Governor for hi» consideration, as hereinafter provided. (2) The Commissioner, before transmitting for the cm sideration of the Governor the documents mentioned it subsection (1) of this section, shall cause a notice in the form set out in the Schedule to this Law to be published in tb! Gazette and also to be posted at a convenient place on CIC near the property to be acquiffl!. SOIL CONSERVATION . [OAP. M. . (3) At the expiration of the period set out ·in the notice, the Commissioner shall . forward to the Governor the 1 documents mentioned in subsection (1) of this section; · •ther with any objection or statement made against the proposed acquisition. (4) If the Governor approves the/Ian submitted and eonslders it expedient, having regar to all the circum stances that the Board should be permitted to acquire the ~yin question, he may, bf notification published in the Gazette, sanction the acquisition of such property; and, thereupon, if the owner of the immovable property does 13 not agree with the Board as to the sum to be pak1 as ..;. com~nsatlon for it. the same shall be detennmed in 11 · accordance with the provisions of any law in force for the · :\ .. · time • being, providing for the acquisition of immovable C ·. property for public purposes. '!J • ..... (5) On payment of the sum determined to the party ~~2 mtitled to receive as compensation for the acquisition of the .••. , land, such land shall vest in the Board by which the ~um . .:· Ills been paid free from .all encumbrances and the Director '"· . · ··•• · , d Lands and Surveys shall cause registration of such land :- ·? I to be made in the name of such Board in accordance with ~ plan approved by the Governor : . :;i. .... · Provided that the sum determined shall be paid to the ! .. ,uty entitled to receive it, or deposited to his account iu ;.f' • . :he District Treasury, within three months from the date · · · -,: , •f such determination and, if it is not so paid or deposited, . · :f .,. ' he. sanction of the Governor for the a(?quisition of such ·.: mmovable . property as aforesaid shall be deemed to be. , :~ .. evoked.. . ·t· • . -~ 16. Where any land has been acquired under the pro- e=r-' o1 isions of this Law and adequate soil conservation or acqtdrtd. · eclamation works or measures have been carried out, the k>ard may utilize, or with the approval of the Governor ispose of, the land or any part thereof in such a manner as : may deem fit. ,. 17. (1) nie Board ~ay appoint any person for the pur- eo..to ose of canying out any work under the provisions of this ;:: .- • aw or any re~ations made thereunder and such person · 1ay, by himself, his agents, or contractors, enter upon [ly land situated within the Soil Conservation Division · •r the purpose of carrying out the work and, fo~ this 14 Lep.lproa teedlnp. Contnctl. CAP. 94.] SOIL CONSERVATION. purpose and subject to the provisions of section 29, cut down or remove all such trees, hedges, walls, stone!, land or other things as it may be necessary to cut down or remove for the purpose of carrying out the work : Provided always that, before entering any land, ~ person appointed shall gi\'e not less than three days' noti~ therefor to the owner of the land and to the mukhtar 'lf the town, village or quarter within which the land is situated. (2) Any person who wilfully obstructs any person lawfully performing any duties or exercising any powers under subsection (1), shall be guilty of an offence and shall be liable to a fine of ten pounds. MISCltLLAkltOU&. 18. A Soil ConservAtion Division shall bear the name "Soil Conservation Division of " (inserting tht name by which the particular Division will be known). 19. All actions or other legal proceedings brought .,, or against a Board shall be brought by or against the Treasurer of the Soil Conservation Division as representing the Board. 20. Contracts by the Board shall be signed by the Chairman and the Treasurer of the Board as representing the Board. 1nrant1, etc., 21. p) Infants, mental patients or persons who are ::S~~ prohibited from the management of their affain shall, ill all matters concerning them, under the provisions of this Law, be represented by their guardian or, in the absence of a guardian, by such person as may be authorized by the President of the District Court of the district in which the infant, mental patient or person ordinarily resides. Recovery of ratel OT charges. (2) A person absent from the Colony shall be represented by his duly appointed agent or, in the absence of such · agent, by such person as may be authorized by the President of the District Court of the district in which such absent person ordinarily resides. 22. (1) If any rates or charges payable under the regulations are not paid on the date or dates in the regwa. tions prescribed, the amount thereof shall be increased by SOIL CONSERV A.TION. [CAP. 94. m per centum and the original rates or charges, together ritli such increase, shaU be due and recoverable as herein after provided . . (2) The . Com~troller · of Inland Revenu~ shall, upon ttcefpt of a certificate under the hand of the Chairman of the· Board that any rates or charges specified ih such a mificate payable under any regulations in force for the mne being though properly du~ by the persons named in mch certificate are still unpaid, issue a warrant authorizing tbe collection of such rates-or charges, together with any increase due under subsection (1) provided. (3) Every such warrant shall be in the like form, with the ~ modification, as a warrant issued under the Tax Callection Law, and shall be enforced and the like pro- c.,. S29. ceedings may be had thereon as if it were a warrant issued mderthe said Law. . 15 21 (t ). Arty person aggrieved by the levying or assess- A,.... ta ment tiy the Board of any sum exca.~ng two pounds may, ~..Z.. lithin. fourteen days from the date of notification of the a,11s,-. iledsion of the Board to him, appeal to the Commissioner, .., decision shall be final and conclusive. . (2) Every such appeal shall be in writing and signed .,. the apj,ellant arid it shall set out the grounds upon ihich it is founded. 2'. The Board shall, as soon as possible after its formation • ..... md annually thereafter, submit to the Commissioner for,-6 e/16/56. Ws approval estimates of the expenditure which it is ~~ to incur on behalf of the Soil Conservaticr. Division during the ensuing year, together with a statement rl the Division's estimated receipts and of the rates or tbarges which it is proposed to levy upon the proprietors ii respect of the same period. 25~ (1) The accounts of every Soil Conservation Division A.at. 5 be audited at such time as the Commissioner may, time to time, require and by such person as the missioner may appoint and the Treasurer of the Board all be bound to ~roduce to such person all the books and IICOUnts of the Soil Conservation Division. (2) There shall be paid by the Board such fee in connec ~ with the audit as the Commissioner m~y, from time , time, direct. 16 . CAP. 94.] SOIL CONSERVATION. · (3) The r eport of the person appointed to audit the accounts of a Soil Conservation Division- under sub section (1) shall be forwarded to the Commissioner who shall cause a copy of the same to be forwarded to the Chairman of the Board and such C<?PY shall be kept by • the Board and shall be open to inspection by any proprietor at all reasonable hours. $.:.. 26. (1) If, after the receipt of the auditor's report, it appears to the Commissioner that any sum forming part of-the funds of the Soil Conservation Division has bes. lrrt!gtdarly or imprr,perly expended, he ~ay surcharge die JM:r!Wn N:SJJOnsihle for such expenditure with the repaymm of such sum to the funds of the Soil Conservatior.. l)hisim t.ndlhall, by notification in writing, call upon the~ ilo rurcharged to make good the sum within such period ti time u may be specified in the notification. . · . (2). If the penon so surcharged does not make ~ tit sum within tne period of time- specified in th" notificatiaa or if he does not exculpate himself to the satisfaction of tit Commissioner, such sum shall be recoverable from tllt defaulter as a civil debt due and owing at the suit of tit Commissioner. •. Dlfollt et . 2'1. All moneys in the hands of the Treasurer lhal1 Ill ,. df.poslted In such place as the Board may direct. · . -=~°' · ! 28. Notwithstanding anything in this Law or anY ~ta: ·ftMl111n : tions contained; but subject alwa~ to, the J?rovlslons fl. C::: section 29, the Board ma~, ~y notice lJ? wn~. reqaue etc.t ~. any person bound by the Soil Conservation Scheme u ia ~- · section 9 provided within such time u may be speci6~ in the notice {•) to construct or to maintain any soil consen-atioa works which he is required to construct or to maintain in accordance with the Soil Consern-. tion Scheme : or (6) . to constru~ or to maintain any soil conservatioa . works 1n the manner prescribed by tbe Soil r.-1,n·-,,:rvat ir,n Scheme, ·and, lf 1Uch person fails to comply with any of the require-., ments of such notice within the time specified thertii:.. the Board may appoint any person to take the approprilte action in the matter and, thereupon, such person may enter the property affected by the notice and there do whatever SOIL CONSERVATION. (CAP. 94. :nay be necessary for giving effect to the requirements of mch notice and any expenses incurred by the Board in that connection shall be recoverable from the defaulter as a civil debt due and owing at the suit of the Board : Provided that any person affected by the notice may, ,ithin seven days from the receipt thereof, appeal to the Commissioner and, in ever} such case, t}le notice shall be suspended until the appea has been determined and the Commissioner confirms such notice, without prejudice to die right of the person affec.tcd to claim compensation as in section 29 provided. 17 29. (1) Any person who claims to have suffered any f:!'\:':.. damage by anything directed to be done in connection other thaa ,ith any of the matters set out in paragraphs (c) or (d) of br1com• «tion 12 (1) or by any notice given under section 28, or :.~rtloll. those property is destroyed or damaged by the exercise of any powers conferred by section 17, shall be entitled to :-eceive compensation from the Board as in this section :provided. (2) Any person claiming compensation under this section sruill, \\ithin fourteen days of the date of the direction or of the giving of the notice or of the destruction or damage, u the case may be, give notice thereof to the Board and, mless the matter is settled by agreement, it shall be referred to two persons, one to be nominated by each party {herein after referred to as " the referees "), to settle the nature and unount of the compensation to be made in connection therewith and, if the referees cannot agree, the matter shall be referred by them to the Commissioner as umpire. (3) The decision of the referees or of the umpire, as the case may be, shall be reduced into writing in duplicate and each copy thereof signed by the referees or umpire, as the case may be, shall be given to the Board and to the person claiming compensation and every such decision shall, mbject to the provisions of subsection (4), be binding and conclusive on the Board and the person affected. (4) Any party dissatisfied with the decision of the referees or of the umpire, as the case may be, mar, \\ithin seven days from the .delivery to him of such decision, appeal to the District Court of the district in which the property is situated against such decision, and the decision of such District Court shall be final and conclusive on both parties : Provided that no such appeal shall lie, unless the amount 18 Al>Pllcatbl o(Son con. .-n"Vatlon Scheme tc property outside the Soil Con aervation Dlvlalon. Super H191on of Board. DiMo111tion by Governor. SOIL ( ONSERi1 ATIOJ.\ of compensation a warded by the referet". of such pa::y exceeds twenty-five pounds. (5) Any ccmpensabon payable under this section sb.l he levied upon and paid by the proprietors in addition · >, an<l 111 the satne proport 10n as, any rates or charges paya'.. ~ by th<>m under the re~nlations and shall he lened ;; - .! paid as the rates or charges under the regulations ~:, levied and paid Provided that, when there are funds at the disposal lC the Board sufficient to meet any amount payable, cc-:,. pensation shall be paid out of such funds. 30. Any proprietor of any property situated outsidi:- a Soil Conservation Division may apply to the Board that t~ Soil Conservation Scheme operating in such Di\'ision '1! applied to such land and the Board may, by a notice to bt published in the t;azette decJare that, subject to st :h conditions as the Board may impose. the Scheme s~ ill apply to such land and, thereupon, such property and:~ proprietor thereof shall, subject to sue h conditions, bt deemed to be affected by the Scheme. 31. (1) Where it is 1nade to appear to the Gover..ar that any Board is not discharging its duties properk. bit may, by order published in the Gazette, dissolve the Be ni and appoint a suitable person or persons to manage :!» affairs of the Soil Conservation Division for any period ::at exceeding the unexpired period of office of such Boarc as may be specified in the order. (2) Any person or persons appointed under this SC{'.:,• shall be invested with all powers and shall have the S-..:nt rights and duties as possessed by the Board. under :~ Law or anv n1les or regulations made thPreunder, (3} The Commissioner shall, at the expiry of the ~r.od of office of any person or persons appointed under ~ .:b section ( t) of tlus section, arrange for the election { i a Board as in this Law provided. 32. Notwithstanding anything contained in any reg Ja tions, the Go,·ernor n1ay order the dissolution of any ~ Conservation Division and may giYe such directions a.- ht may think fit with regard to the procedure to be folio\· e-d. consequent upon such order and for the disposal nf .,.n~ moneys held by or on behalf of t lie Hoard at tlw 1ime of.~ .ch dis.solution ·· SOIL CONSERVATION. [CAP. 94. , 19 33. Upon the dissolution ot a ~il Conservation Division, Loans to the whole of any loan or advance and every instalment ~=:t thereof then due and owin~ by the Board or on behalf of payable 011 such Soil Conservation Division shall become due and diuotution. payable to the lender. 34. The Commissioner and the Director of Agriculture Delegauoa may, at any time by writing under their hand, depute to of po .... my person all or any of the duties, powers and authorities ~ested in them by the provisions of this Law. 35. An:y person who destroys or damages any soil 1>unap to :onservabon works shall be guilty of an offence and shall eou ~ be liable to imprisonment for a term not exceeding one year =~ or to a fine not exceeding fifty pounds or to both. 36. All penalties imposed in respect of any contravention Dlspoeal o1 of the provisions of this Law or any regulations made peaaJtiee. thereunder shall be paid to the Treasurer of the Soil Conservation Division concerned. SCHEDULE. (Sldi01t U (2).) THE SOIL CONSERVATION LAW, CAP. 94. Notice ls hereby given that the following property (describe property, living measurements and· showing boundaries whenever practicable) a required by the Board of the Soil Conservation Division of for the (set out the public purpose). Any per!on claiming to have any right or interest in the said property, who objects to the acquisition of such property, is required within sax weeks from the date of the posting of this notice to !lend to me a statement af his right a.nd interest and of the evidence thereof, and of any claim made by him in respect of such right or interest. The Board of the aforesaid Soil Con5ervation Division is willing to tttat for the acquisition of the said property. A plan showing the land described above is avaihtble fot inspection at Dated this Posted this day of COMfNwiow, of day of (Sgd.) • 19 • 19 This Law came into operation on the 1st January, 1953. (.52, Vol. 11, 561.)