Drainage and Irrigation Board (Transfer of Functions) Act 1983

GUYANA ACT No. 22 of 1983 DRAINAGE AND IRRIGATION BOARD (TRANSFER OF FUNCTIONS) ACT 1983 SECTION 1. 2. R. I assent L. F. S. Burnham, President. 1984-01-07. ARRANGEMENT OF SECTIONS Short title and commencement. Interpretation, Dimm111t.ir,n of Board and transfer of its functions to Regional Democratic Councils. Pric~: Boe. To be purchased from :the Ministry -0f Information Georgetown, G\IyQna. Printed by Guyana National Printers Ltd. 4. 5. 6. sboct utl" and .com JDODoQrn,--.--,.·(r, J11ter pretation, -,.L:L. r{Q. 12 of 1980 oap, 64:0S Act No. 11 of 1980 2 l"HE LAWS OF GUY ANA Application of certain provisions of the Prmcrpru. Act. Provisions of Mahaica-l'IIahaicony-Abary Arrricultural Develop ment Authori\y Ad not to be de:rngat12d from. Power to amend the PrincipaJ Act. SCHEDULE AN ACT to provide £or the dissolution of the Drainage and Irrigation Board, the transfer of its functions to certain R~ gional Democratic Councils and for related matters. Enacted by tlle Parliament of Guyana : 1. This Act may be cited as the Drainage and Irrigation Bo:a1rd rrransfo:r of .Functions) Act 1983 and shall be deemed to have come into operation on 1st ,January, um::i. 2. In this Act ~ "Bollrd" m":m1l t.he Drainal?e and Irrigation Board es,. tablir,hed hy section 3 of the Drainage and Irrigation Act; "clerk" shall have the same meaning assigned to it by s:;edion 2 oi the Loc::i!. Democratic Organ8 Ad 1980; ''Principal Act" means the Drainage and Irrigation Act; "Regional Democratic Council" shall have the same meaning 1;1~:;iguetl to it by aection 2 of tho Local Democratic Organs Act 1980, 3. (1) Tbe Board is hereby dissolved. DlHolutlon fit Bolll'f> and 1.ts"":!:~!na (2) The functions conterrect on tne Board by the Fdncl• to R"ot1°«-1 pal Act shall with effect from the date of dissolution of the ~="" Board (hereafter in this Act referred to as the appointed day) J::ie exercised within the area of each Regional Democratic Council PY th.it B.P.giona1 Democratic Counci1, and the provisions of that Act, except sections 3 to 8 (inclusive), shall, subject to and in accordance with sections 4 and 6 of this Act, have effect on and from the appointed day as if references therein to the Board were reference:,, to that Regional Democratic Council. (3) The assets (induding rights and interests) or' the Board within the area of each Regional Democratic Council shall, by virtue of this section and without further assurance, be transferred to, and vested in, that Regional Democratic Coum:tl on UJ..ti appointed da-y. (4) (a} The liabi:ities, other tl1.an those in respect of whi<:h civil legal proceedings were commenced prior to the ap pointeil day, and those in respect of the subsisting overdraft 3 DRAINAGE AND !RR:,,ATION BOARD (TRANSFER OF FUNCTIONS) ···· from the Bank of Guyana, incurred by the Board in relation to any w,ork ?r service withi n tha area of a Regional Dem·ocratic Co11n(.'1i v:•<:>-r to t~.;;,. <irpm11.t,;.~ d~y 1>n<l <;-ttb<;"i;,;iting on thl:lt dl:ly shed be dnchsrg2d by, a11d be entorc~able against, that Regional Democratic Council. (b) All liabilities of the Board (Including !!abilities in rezpect o.f which c1vil legal proceedings were commenced prior to the appointed day and liabilities in respect of the sub~ sisting overdraft from the Bank of Guyana) incurred by the Board ?efo~e ~h.e appoi~ted day and subsisting. on that day, but not hem/c! liab1hti..2,s which are enforceable agamst any Reglonal Democrall.c Council under paragntph (a), shall be discharged by, and be cnforceab, e against1 the State, (5) Nothing in subsection (3) or (4) applies to rights 01• liabilities under any eontract of servke. (6) All contracts, deeds, bonds, agreements or other instruments or documents in respect of the drainage and irriga• tion areas, in the area of v. Regional Democratic Council, which were :m.bi;isting J.mmcdiakly before the nppointcd day and af fected the Board shall, in so far as they relate to the under~ taking or the aoscts of the Board, be of as full force and effect against 1 01· in favour oii that Region.a~ Democratic Council and enforceable as fully ana effectually as if instead 0£ the Board that Regional bemo,;rn.tic Council l:rntl Ueen uameU U1ereh1 or had been a party thereto and where immovable property has, oy virtue of this section, vested in that Regional Democratic Council the Registrar of Deeds shall take due notice thereof and shall make such annotations on the records as may be neces sary. (7) Without prejudice to the other provisions of this section, all unpaid rates together with interest thereon and all fees, charges and debts of wnatsoever descr1ptton due or pay able to the Board in respect of the drainage and irrigation areas of a Regional Democratic Council before the appointed day shall be payable to or recoverable by that Regional Democ1·atic C-nunci.1. (8) (a) All civil legal proceedings commenced by the Board prior to the appointed day for the enforcement of any rights which are transferred or attached to a Regional Demo crt:\Hc Council by virtu~ of this section, tmci pending on that day in any court or before any author~ty may be con~inued o~ and after the appointed day by that Reg10nal Democratic Council and an judgments, decrees and orders made or passed in any such proceedings may be enforced, as the case may be, by or against H, trnd th.tt Regional Democratic Council shall be deemed Nu. ZZJ A.ppUeatlon ol c,.rtaln pMvlswus of tM Fd:a.t"J~Jlal Al'l, 4 Ttili LAWS OF GUYANA [A,D, 1983 to have been substituted for the Board in those proceedings on tbe appointed day. (b) All civil legal proceedings, other t11an civil legal proceedings referred to in paragraph (a), commenced by or against the Board before the appointed day and pending on th!Jt rlriy in imy en11rt nr bP.fom .any .authority may be continued. on and after the appointed day, by or against the State and all judgrnent,5, t;lecree,s and orders made or passed in any such proceedings may be enforced by or against the State, as if it were the Board, and the State shall be deemed to have been .subiitituted for the Board in those proceedings on the appointed day. {c) Any prosecution instituted before the appointed day for an offence under the Draina~B and Irrigation A.ct, by any person emp!Oyed by the Boarct orny any person autlwrl:;eu in writing in that behalf by the Board and pending on the ap pointed day may be continued on and after the appointed day by any person employed by the Regional Democratic Council within wnose area the offence was committed or by any person authori sed in writing in that behalf by that Regional Democratic C,)Uncil. (9) Each Regional Democratic Council may as from the appointed day, for the purim~e- of discharging the £unctions conferred on it hy this Act, continue to employ on such terms and conditions as 111.ay be agreed on between that Regional Democratic Council and the person concerned such of the per sons employed with the Board immediately before that day, and in respect of any peu;uu :su employed that negional Demo cratic Council shall be the successor of the Board with regard to his lBave or superannuation rights or benefits whether ac crued, earned, inchoate or contingent : Provided that any person who is so employed by that Regi,,.nal Democratic Council shar. be employed on terms and conditions which taken as a whole are no less favourable than those applicable to him immediately before the appointed day. 4. The provisions of the Principal Act shall apply in re lation to eacti Regional Democratic Council as they apply in relation to the Board under that Act and for that purpose shaU be construed wltl1 any necessary modificntions, ndaptations, qualifications and exce:ptions, !!.nd without prejudice to the generality of the foregorng the provisions of that Act specified in the first column of the Schedule are hereby amended in the manner specified in the corresponding entry in the second eolumn of that Schetl.Ul'i:, 5 A.D. 19831 DRAINAGE AND IRRIGATION llOARI) \No. 22 (TRANSFER OF FUNCTIONii) ·--· . 5. (1) 1 tlN otwith~t~nding 1 a 1 hn ythAin 1 g tho. thAe conhtr 1 a 1 ry c 1 obntained fr~i~ii'~a m 3llV O le prOVISlOllS O IS C , t IS Ct S a llO e COfla Mahalcony strue{l as derogatinr' from the provisions of the Mahaica - A~ary Agrt Mahaicony - Abal'y Agricu:tural Development Authority Act D~~~J;tm,mt 1977, and save for this section, this Act shall not apply to the !~r'lo11t~ Area as defim:d by the Mahaica - Mahaicony ~ Abarv Agricut- be 11!'r 0 osa1ed tural Development Authority Act. · fc'tmNo. 27 {2) Without prejudice to the generality of subsection {lJ or urn with effect from the appointed day the Regional Democratic Council for Region 5 or the Mahaica/Berbice Region shall not have any functions under the Principal Act in relation to the Area of the Mahaic'a - Mahaicony - Abary Agriciultural Devel opment Authority established by the Mahaica - Mahaicony Abary Ag,ricultural Development Authority Act 1977 for such Act No. 2? time as that Authority remains in existence and continues to 0-' nm disthargo its functions. 6, Without prejudice to the foregoing provisions of this Aot, Power to the Minister if he thinks it necessary or expedient to do so nra:y, hy n,~nd tl,e order wbich shall be subject to negative resolu'tion of the Na-tional !~\~olpal Assembly, amend any of the provisions of the Principal Act, including those provisions amended by this Act, for the purpu~~. ':'f removi~1g uuy diff~culties which may arise in giving effect to the prov1s10ns of thrn Act. ,. 4 SCHEDULE Section 2 the definition of chairman 1h"' <hf'inition of secre:ary the ddinition of vice-chairman How ronenooo Substitute "a Regional Demo cratic Council established under the Local Dem-ocrati-c 12 Organs Act 19-80" for "the Druiuage am.l Inig<l.iOn Board e,.,;1ablished under this Act". Delete. Substitute "a Regional Demo. cratic Council established und~r the Local Democratic Act No, lll Organs A,:-t 1980" for "!he ot 1980 Drainage and Irrigation Board ~st:abllshed under this Act", & No, 22J THE LAWS OF GUY ANA [A,D, 1983 Ptov!sion Section 15 (1) Sectio11 25 (I), (2), (3) a.nd (4) Scotioni; 24 (2), 27 (2) and 28 (2) Subh1m<li11g to PART !VD Scctio11 29 (1) Sections 32 (2), 61 (2) and 82 Section 50 How amended Substitnt,e the following "(I) A~t-er the meeting one copy of the plans, sv~ificaHons, estimates and order shall be d-eposited in the office of the Regional r>emoc:ratic Omndl wherr: 1he area is situate.". s~1bstitutc the following "25. (1) When:- it. app..:11.t$ to 1.1. Regional Dcmocrwtic Ooundl -that the total cost of any new works which the Regional Ocmoci·a:HC Council dcdres to construct in any drainai:i;e and irrigation area wiJI not exceed the sum of one hundred thous~ and dollars, the Regional Democratic Council shall cause to bo prepared sped~ fications, estimates and plans of 'lhe pro~ l'"""N wrwk,;: r11u\ .:h11'1 rflll!.li> \1,('m tn he kept in the omce of the Regional Demo~ cratic. Council for a period of not Jes~ than ()Oe month during which time they may be inspected free of charge by any prnptic.tor ,.1£ la.till:>. within I.he o.i:c::o..". Delo!e "appropriate". For "PLACES" substiture "PLANS". For "25 (7)" mbstJ.tute "24 (7)". For ''Secretary" substitute '\;lerk" Sub1,titole the following "50. (1) All rates shall be payablo either in full or in four equal instalments payable respoc,tiwly on the first day of February, the first day of April, the first day of fo\y and the first day of October, in the yi!ar next following the date of the annual assessment. (2) A ratepayer may make payments on accou:u of instalment of rates b~fore Sltch i.n::.talments are due. 7 A.D. 1983] DRAINAGE AND lR/l/GATION BOARD (TRANSFER OF Pl/NCTIONSJ [No. 22 rrovision Section 51 Section 53 Section 60 (I) How amended (3) Where any instalment of rates ls not paid within thirty days from the day on which it becomes due, defauli shall be deemed to have been made in the payml."nt thereof." For "moiety" substitute "uny instalment of rate". Substitute the following . "53. (1) It shall be the duty of the local authority to levy the rates and interest (if any) imposed in pursuance of this Act in respect of any council area or village and. s\1cb rates and interest shall be shown $eparately in the er>timates ot th(! local muhority and collected in re.~pect of the council area or the village by the local authority. ,(2) All moneys received under this section by the council of a town estab\ished under section 33 of the Muni cipal and Dislrict Councils ""IIJil• ~;<,1~ Ai..;t, Ul uf n Ju,.,al &,:,vvrutn,-.ot district established under the Munioipal and District Coun~ cils Act or by any other local authority shall be -transmitted weekly to the clerk.". For ''tive" substitute ''two hundred and fifty". Passed by the National Assembly on 1983 -12--12. (Bill No. 24/1933) (A, 38/1/1) F. A. Narain, Clerk of the National Asstmbly.