L.R.O. 1/2012
LAWS OF GUYANA

EAST DEMERARA WATER CONSERVANCY ACT
CHAPTER 55:03
Act
26 of 1935
Amended by
2 of 1937
15 of 1957
24 of 1969
25 of 1973
7 of 1980
6 of 1997
1 – 35 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Index
of
Subsidiary Legislation
Page
East Demerara Water Conservancy (Annual Payment by the
Georgetown City Council) Order
(O. 72/1956)

35



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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
predecessors.
PART II
MANAGEMENT OF THE CONSERVANCY
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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.
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
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SECTION
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.
PART VIII
POWERS OF THE MINISTER SECTION
51. Powers of the Minister.
52. Commencement and publication of order.
PART IX
LEGAL
53. General offences.
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SECTION
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.
_________________________
1953 Ed
c. 236
________
CHAPTER 55:03
EAST DEMERARA WATER CONSERVANCY ACT
26 of 1935 An Act to establish the East Demerara Water Conservancy
for 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]
Short title.
Interpretation.
[24 of 1969
25 of 1973]
1. This Act may be cited as the East Demerara Water
Conservancy Act.
2. In this Act—

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First Schedule.
c. 28:01
c. 28:02
First Schedule.
“Board” means the Board of Commissioners constituted by
section 4;
“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;
“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, or the village council of a
village or the country authority of a country district
under the Local Government Act;
“plantation” means any of the plantations or estates
mentioned in the 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
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Local Government Act.
East Demerara
Conservancy.
Caps. 130,
132, 133,
1929 Ed.
PART I
ESTABLISHMENT OF THE EAST DEMERARA WATER
CONSERVANCY AND THE BOARD OF
COMMISSIONERS
3. (1) The several undertakings which prior to the
commencement of this Act have been administered under
the East Demerara Water Supply Ordinance, the Lamaha
Canal Ordinance, and the Shauk’s Canal 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
of the Board of
Commissioners.
[7 of 1980]
Constitution of
the Board.
[7 of 1980]
4. There shall be established for the management,
control and administration of the Conservancy a Board as
hereinafter constituted. The Board shall consist of ten
commissioners and shall be a body corporate by the name of
“the East Demerara Water Conservancy Board”, with power
to acquire and hold land and other property.
5. (1) The Board, subject to section 6, shall consist of—
(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
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(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

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First
Commissioners,
how chosen.
(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—
(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.
6. (1) The persons to be elected as Commissioners
under section 5 (1)(d) and (e) shall in the first instance be
elected after the passing of 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.
(2) The Commissioners elected or nominated under
this section shall hold office until the election of
Commissioners at the first meeting of proprietors held after
the commencement of this Act.
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Meetings of the
Board.
Minutes to be
kept, and the
Board shall
make annual
report to
National
Assembly.
Question may
be decided by
circulation of
papers.

Powers of the
Chairman in an
emergency.
7. There shall be at least one meeting of the Board in
every three months. The Chairman may at any time
summon a special meeting of the Board by notice in writing,
which shall state the object of the meeting and be sent to
each Commissioner by the Secretary. A notice shall be
deemed to be properly served if it is signed by the Secretary
and posted seven days before the day of the meeting.
8. (1) The Board shall cause to be kept proper minutes
of its proceedings. The minutes of any meeting when
confirmed and signed by the Chairman of the meeting at
which they are confirmed shall be evidence of the facts
therein stated.
(2) The Board shall during the month of January, in
each year make to the Minister a report of its transactions as
to the preceding year and the report shall be laid before the
National Assembly.
9. The Chairman may at any time direct the Secretary
to circulate to the Commissioners a minute relating to any
matter on which the decision of the Board may be necessary
and the decision of a majority of the Commissioners so
obtained shall be of the same effect as a decision of the
Board:
Provided that it shall be submitted to and is confirmed
by the Board at its next meeting.
10. When any unforeseen event occurs whereby
serious damage is in the opinion of the Chairman caused or
likely to be caused to the Conservancy he may take such
action as he may consider necessary for the remedying
thereof:
Provided that he shall make at the next meeting of the
Board a full report of the measures taken by him for
confirmation by the Board.

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Removal of a
Commissioner
from office.
How vacancy
in the office of
Commissioner
to be filled.
11. (1) An elected Commissioner may be removed
from office by a resolution of the proprietors of the district
for which he was elected, or where he is a member of the
Council by a resolution of the Council.
(2) In the case of a Commissioner elected for a
district the resolution shall be passed by a majority of two-
thirds of the votes of the proprietors voting either in person
or by proxy at an extraordinary meeting of the proprietors.
Notice in writing of the resolution and of the reasons shall
first be given to the proprietors and the Commissioner not
less than seven days before the day of the meeting.
(3) A copy of a resolution removing a
Commissioner shall be sent to the Secretary.
12. (1) When the office of a Commissioner elected for
a district shall become vacant the proprietors in the district
shall at the next general meeting of the proprietors elect a
person to fill the vacancy:
Provided that—
(a) except in the case of a retiring
Commissioner, a person shall not be
capable of being elected unless his
name, address and occupation be sent
to the Secretary at least fourteen days
before the meeting and notice of the
vacancy and of the names and
addresses of the persons proposed for
election be sent by the Secretary to the
proprietors at least seven days before
the meeting;
(b) where the vacancy occurs so near before
an ordinary meeting of the proprietors
that the Secretary cannot give notices as
aforesaid within the times prescribed
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the Chairman shall summon an
extraordinary meeting of the
proprietors of the district to elect a
person to fill the vacancy subject to the
foregoing provisions as to notice.
(2) Where a vacancy occurs in the office of a
Commissioner elected by the Council, the Secretary shall
give notice in writing thereof to the Council and the Council
shall forthwith proceed to the election of one of its members
to fill the vacancy, and shall inform the Secretary in writing
of the person elected.

Power of the
Board to
employ officers
and servants.

Election of
auditor and his
remuneration.
OFFICERS AND SERVANTS
13.(1) The Board shall employ a Secretary, a
Superintendent of the Conservancy and such other officers
and servants as may be necessary for the efficient working
of the Conservancy.
(2) The officers and servants of the Board shall be
employed on such terms and at such remuneration as the
Board shall think fit.
(3) The Secretary and the Superintendent employed
at the commencement of this Act by the East Demerara
Water Supply Commissioners and the Committee for the
management of the Lamaha Canal shall be the first Secretary
and Superintendent and shall be deemed to be employed by
the Board in pursuance of this Act.
14. (1) The proprietors shall at the meeting in January of
each year choose a fit and proper person to audit the
accounts of the Board.
(2) The proprietors shall fix the remuneration of the
auditor.
(3) If the office of auditor becomes vacant by the
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Transfer to
Board of the
property and
obligations of
its
predecessors.
death, resignation, or removal by reason of incapacity from
office of the auditor, the Board shall appoint a person to act
as auditor, and he shall hold office for the unexpired period
of office or until the proprietors at an ordinary meeting
appoint a person to act for the unexpired period.
(4) The person who at the commencement of this
Act is auditor to the East Demerara Water Supply
Commissioners and the Committee of management of the
Lamaha Canal shall be the auditor under this Act until an
auditor is chosen by the proprietors at their first ordinary
meeting.
TRANSFER OF PROPERTY TO THE BOARD
15. All movable and immovable property and every
interest therein, all rights, powers and authorities of every
kind and nature whatsoever, which at the commencement of
this Act belonged or appertained to or were vested in the
Commissioners of the East Demerara Water Supply, the
Committee of management of the Lamaha Canal and the
Shanks’ Canal Commissioners shall on the commencement
of and subject to this Act vest absolutely in and shall be
exercisable and enforceable by the Board, and the duties,
obligations and liabilities of the said Commissioners and
Committee shall likewise be transferred to and be
performed by and enforceable against the Board.

Board to
manage and
control the
Conservancy.
PART II
MANAGEMENT OF THE CONSERVANCY
16. (1) The Board shall have and be responsible for the
control, management and regulation of the Conservancy,
and shall, subject to this Act, construct such works and do
all such things as may from time to time be necessary for the
conservation of the waters of the Conservancy and for the
proper distribution thereof, and shall at all times maintain
the Conservancy in good order and condition.
(2) The Board shall take measures to the
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General powers
of the Board.

The Board to
regulate traffic
on and the
supply of water
from the
Conservancy.
[25 of 1973]
satisfaction of the Minister to provide adequate relief for any
surplus waters of the Conservancy.
17. The Board shall, for the purpose of the exercise of
its powers and the performance of its duties under this Act,
have power—
(a) to enter by its servants and agents on
any plantation;
(b) to make all necessary contracts;
(c) to assess, levy, raise, collect and recover
from the Council, local authorities and
proprietors, such sums as shall be
payable to the Board in pursuance of
and for the purposes of this Act;
(d) to buy at execution sale any movable or
immovable property which may be
taken in execution for any debt due to
the Board, and to hold, work, improve
or re-sell the same at the discretion of
the Board;
(e) to grant pensions, allowances or
gratuities to employees or ex-
employees of the Board;
(f) to do all acts necessary for the
performance of its duties under this
Act.
18. (1) The Board shall make proper provision for the
navigation of and traffic on such of the waterways of the
Conservancy as by law or regulation may be open to public
navigation and traffic.
(2) The Board shall allow for each plantation or
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village one koker and for each town or local government
district established under the Municipal and District
Councils Act, a reasonable number of kokers (except as
hereinafter otherwise provided) which shall be of such size
as the Board shall from time to time determine and shall not
be laid deeper than the depth known as fifty Georgetown
datum:
Provided that this subsection shall not be construed to
require the removal of any koker laid in accordance with
any Act repealed by this Act and in existence at the
commencement of this Act.
(3) The Board shall regulate the supply of water
to be delivered to and received by the Council and
inhabitants of the City of Georgetown, and by the
proprietors of plantations in such manner as the
Commissioners think fit, but so as to secure to the Council
and inhabitants as far as possible a sufficient supply of
water and so that plantations shall receive as far as possible
an equal quantity of water per acre.
(4) The Board, at the cost of the Council, shall
maintain all works which have hitherto been constructed
and shall construct and maintain all works which shall
hereafter be necessary for the delivery of water to the
Council for the City of Georgetown, with the exception of
the pump known as the Canal Pump situated at the eastern
end of the Shelter Belt.
(5) The Board at the cost of the proprietor of a
plantation or a local authority shall maintain and construct
all works on the plantation which may be required for the
delivery of water to the plantation or to the village.
(6) Whenever the Board is of opinion that the
quantity of water in the Conservancy or any part thereof has
so diminished that it is expedient to reduce the distribution,
the Board may, in such manner and for such time as it may
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Dam on the
Demerara river
to be
constructed by
the Board.

When sanction
is required
before work is
undertaken.
think necessary, restrict or regulate the supply and for such
purpose may cause the kokers or any of them to be locked
or otherwise adjusted.
PART III
EXECUTION OF WORKS BY THE BOARD
19. (1) The Board, as soon as practicable after the
commencement of this Act, shall on the Demerara River or
western side of the Conservancy and extending as far as the
Sand Hills construct a containing dam and all the works
necessary and incidental thereto. The Conservancy shall
extend to and comprise the dam and works authorised to be
constructed under this section.
(2) The construction of the dam and the works
authorised by this section shall not be commenced until the
specifications and estimates have been approved by the
Minister.
(3) The Board may, with the approval of the
Minister and subject to the provisions of Part IV, raise a loan
not exceeding two hundred and fifteen thousand dollars for
the purpose of defraying the cost of the dam and works
authorised by this section.
20. (1) Where the cost of any proposed work is to be
defrayed out of moneys raised on loan or the cost of any
proposed work exceeds five thousand dollars the Board
shall not undertake the work without the sanction of the
Minister first had and obtained.
(2) Where the estimated cost of any proposed
work (other than the work authorised by section 19) is
estimated to exceed five thousand dollars, the Board shall
cause the specifications and estimates to be presented to a
meeting of the proprietors and shall not undertake the work
unless the meeting has first approved of the execution of the
work.
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Supply of
water by
Conservancy to
plantation not
included in the
First Schedule.
The Board may
raise loans with
the consent of
the Minister.

Loans to be
21. Where the owner of a plantation situated either
on the East Coast of Demerara or the East Bank of the
Demerara River but which is not included in the First
Schedule desires that his plantation shall be supplied with
water from the Conservancy the Board may grant a supply
to the plantation, subject to the following conditions:
(a) the owner shall make application in
writing to the Secretary, stating the
boundaries and extent in acres of the
plantation and requesting that the
plantation be supplied with water from
the Conservancy;
(b) if the Board grants the application—
(i) the name of the owner shall be
entered in the register as
proprietor of the plantation;
(ii) the Board shall supply water
to the plantation on the same
terms and conditions as to
other plantations already on
the register;
(c) the proprietor and the plantation shall
be subject to this Act and the provisions
as to the enforcement and recovery of
rates shall apply to the rates imposed
by this section.
PART IV
BORROWING POWERS
22. The Board may, subject to the approval of the
Minister borrow money by the issue of bonds or otherwise
for the purpose of executing any works which have been
approved by the Minister.
23. Every loan raised by the Board in pursuance of
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preferent lien
on the property
of the Board.
Loans to be
repaid out of
rates.


Power to make
regulations
with respect to
bonds.

Estimates of the
Board and rates
to be approved
by the Minister.
this Act shall, subject to claims due to the State, constitute a
preferent lien on all the property, revenues and assets of the
Board and may be enforced by the Secretary to the Treasury.
24. The Board shall make such provision for the
repayment of loans out of the rates levied by the Board on
plantations and villages and the sums paid by the Council
as the Minister may from time to time approve.
25. The Minister may make regulations with respect to
the manner in which bonds shall be issued, their nature,
form and denomination, renewal and cancellation, the fees
to be paid, and in any other respect necessary.
PART V
FINANCIAL
26. (1) The Board shall before the 1st November in
each year prepare the estimate of expenditure for the next
ensuing year. The estimate shall contain a full statement of
all sums of money which are to be expended by the Board in
pursuance of its duties and obligations under this Act.
(2) The Board shall at the same time prepare an
estimate of its revenue for the ensuing year which shall
contain a statement of the rates intended to be levied and of
the anticipated receipts from all sources.
(3) On the 1st November in each year the Board
shall transmit to the Minister the estimates of expenditure
and revenue prepared under this section. The Minister may
cause the estimates to be amended and the estimates when
approved by the Minister shall take effect as from the 1st
January of the year to which they relate.
(4) The Minister may approve of any supplemental
estimates which may become necessary during the course of
any year and any estimates so approved shall thereupon be
effective.
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Method of
assessing rates
in respect of
plantations
and villages.
[25 of 1973]
c. 28:01
First Schedule.
Rates due on
1st January but
payable in
moieties.
(5) All annual rates after approval by the Minister
shall be published in the Gazette and a daily newspaper on
or before the last week in December of each year, and any
additional rate approved during the currency of any year
shall be published in the Gazette and a daily newspaper at
such time as the Minister may appoint.
(6) All rates shall be binding immediately upon
publication as provided in subsection (5).
27. Every rate shall, subject to this section, be assessed
at a uniform amount per acre in respect of each plantation
and village, any town or local government district
established under the Municipal and District Councils Act:
Provided that—
(a) the rate in respect of any plantation
not in sugar cultivation and any
village, any local government district
established under the Municipal and
District Councils Act shall—
(i) where the area in cultivation is
one hundred acres or more,
be two-thirds; and
(ii) where the area in cultivation is
less than one hundred acres,
be one-third,
of the rate assessed on a sugar
cultivation; and
(b) an additional rate shall be assessed on
the plantations included in Part I of the
First Schedule to defray the cost of a
new dredge.
28. (1) Annual rates shall be due on the 1st January
in each year but may be paid in moieties, namely, on or
before the 1st February and or before the 1st August. If the
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Interest payable
on rates in
arrear.
Annual
payments of
the Council.


Local authority
to pay rates of
village
plantation.
[25 of 1973]
c. 28:01
Mode of
enforcing
payment of rates
or sums by the
Council or a local
authority.
Preferent lien
conferred on
Board for rates
and sums due.
first moiety of any annual rate is not paid on the due date
the full rate shall thereupon become payable.
(2) Interest at the rate of six per cent per annum
shall be payable on every rate or part thereof which has not
been paid at the prescribed time until payment of the
amount due.
29. (1) The Council shall, subject to any order made
under section 51, pay to the Board annually the sum of six
thousand dollars for the supply of water to the City of
Georgetown and as the Council’s contribution to interest
and sinking fund in respect of the loan authorised by section
19 the sum of six hundred dollars.
(2) The sums to be paid by the Council under this
section shall be paid in moieties on the 1st February and the
1st August in each year. Any sum not paid on the due date
shall bear interest at the rate of six per cent per annum until
payment of the amount due.
30. Rates in respect of any village, any town or local
government district established under the Municipal and
District Councils Act shall be paid by the local authority and
shall be a charge on the property, revenues and assets of the
authority.
31. Where any sums payable by the Council or rates
payable by a local authority remain unpaid for two months,
the Board may report the fact to the Minister responsible for
finance with a certificate as to the amount due. The Minister
responsible for finance may thereupon in such manner as he
may prescribe direct the Secretary to the Treasury to recover
the same and pay it to the Board, and the Council and the
local authority shall conform to the said Minister’s direction.
32. The Board shall in respect of every rate or any
interest or any amount expended in pursuance of this Act
have on every plantation in respect of which the same is due
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Payment of
rates and
expenses may
be enforced by
action or
parate
execution.
Board may shut
off water from
a plantation
where the
proprietor is in
default.


Sums due to
the Board may
be recovered in
the same
manner as
rates.
a lien which shall be preferent over all claims, except those
due to the State, and which may be enforced if the
proprietor be insolvent or in liquidation.
33. (1) The Board may recover any amount due for
expenses for work done or for rates or interest, in a court of
competent jurisdiction or may enforce the payment thereof
by parate execution.
(2) In any proceeding for the recovery of any
amount due to the Board in respect of a plantation a
statement setting out the amount and signed by a
Commissioner and the Secretary shall without any proof of
the signatures be sufficient evidence.
(3) A summation shall be sufficiently served if it is
left at the registered address of the proprietor or a person
receiving a water supply or is affixed to any building, tree or
post on the plantation or property.
34. The Board may at any time cause the supply of
water to be shut off from any plantation in respect of which
the payment of any amount under this Act is one month in
arrear until the amount in arrear and all expenses incurred
in shutting off the water have been paid, and may in the
case of any koker serving more than one plantation, where
any one or more of such plantations is or are so in arrear,
enter upon any of the plantations served by such koker and
cut off the supply of water from the defaulting plantation or
plantations by any means available.
35. Where the Board has performed any work for the
benefit of a plantation or village or the Council, or renders
any special service to a plantation, the proprietor, the local
authority or the Council shall pay to the Board the amount
assessed by the Board, and the Board may recover the
amount from the proprietor or the local authority as if it
were a rate under this Act or from the Council as if it were a
sum payable by the Council.
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Power of
Minister to
make an order
for the
acquisition of
land by the
Board.
[2 of 1937]
c. 62:05

Proceedings
for acquisition
of land.
[2 of 1937]
c. 62:05
PART VI
ACQUISITION OF LAND BY THE BOARD
36. (1) Where the Board desires to acquire land or any
rights, servitudes or easements over land for the purposes of
this Act, the Board shall present a petition to the Minister
describing the land or the right, servitude or easement
which it desires to acquire and setting out the purpose for
which it is required and the reason for proceeding to acquire
the same compulsorily.
(2) If the Board has been unable to enter upon the
land for the purpose of surveying or otherwise examining it,
the Minister may if so requested in the petition make a
preliminary order authorising the Board and its agents,
servants or workmen to enter upon the land for the said
purpose, and any order so made shall be deemed to be an
order made under the provisions of section 4 of the
Acquisition of Lands for Public Purposes Act.
(3) A report on the land by the Board or any
person appointed by it together with a plan of the land shall
either accompany the petition or be lodged subsequently.
(4) If the Minister approves of the acquisition, he
may make an order declaring the acquisition to be for a
public purpose and giving such directions as he may think
fit.
37. Where an order has been made under subsection
(4) of the last preceding section the Board shall proceed to
acquire the land, right, servitude or easement under the
Acquisition of Lands for Public Purposes Act and all the
provisions of the said Act shall apply in so far as applicable
as if the order had been made under section 6 of the said
Act, the expression “the Board” being substituted for the
expressions “the State”, “the Attorney-General” and “the
Commissioner of Lands” wherever they occur:

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Meetings of
proprietors.

Meetings how
Provided that—
(a) all expenses, compensation, assessment
or purchase money shall be paid or
deposited by the Board;
(b) the title to the land, right, servitude or
easement shall vest in the Board on
such day as may be fixed by the order;
and
(c) on the deposit of a copy of the order
certified by the Minister and the plan in
the Deeds Registry, the Registrar of
Deeds shall, when the title has vested,
register the title in the name of the
Board and shall issue a certificate
accordingly, which shall be conclusive
evidence that the land is vested in the
Board.
PART VII
PROVISIONS RELATING TO PROPRIETORS
38. (1) An ordinary meeting of the proprietors shall
be held yearly in the month of December at such time and
place as the Board shall appoint.
(2) An extraordinary meeting of the proprietors
may be summoned by the Board at any time and shall be
summoned by the Board on the requisition in writing of a
proprietor or proprietors who has or have at least one
hundred votes. A meeting under this subsection shall be
summoned within one month after the requisition has been
deposited with the Secretary. The requisition and the notice
summoning the meeting shall state the business for the
meeting.
39. Meetings of the proprietors shall be convened by
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summoned.

Business to be
transacted at
meetings and
quorum.
the Secretary by notice published in the Gazette and one
daily newspaper at least seven days before the meeting. The
notice shall state the time and place of the meeting and the
particulars of the business to be transacted thereat.
40. (1) The business of an ordinary meeting shall be
to receive and consider the report and financial statement of
the Board for the preceding year and the estimate of revenue
and expenditure for the succeeding year, to elect
Commissioners and appoint an auditor when necessary, to
consider any recommendation or proposal of which at least
fourteen days’ notice has been given, and to transact any
other business of which notice has been given.
(2) At any meeting three proprietors (for this
purpose not including the representative of the Council)
present and entitled to at least fifty votes shall constitute a
quorum. If at the expiration of a quarter of an hour after the
time appointed for the meeting there is not a quorum the
meeting shall stand adjourned to the same day in the
following week, or if that day be a public holiday, to the
next working day thereafter and at the same time and place.
(3) At an adjourned meeting the proprietors present
shall have power to transact the business of the meeting.
(4) The Chairman shall preside at the meetings of
the proprietors. If the Chairman is absent the proprietors
shall choose a Commissioner and if there be no
Commissioner present one of their number to be Chairman
of the meeting.
(5) The Chairman of a meeting may, with the
consent of the meeting, adjourn the meeting to any time and
at any place, but no business shall be transacted at the
adjourned meeting other than the business undisposed of.
(6) At a meeting every question shall be decided by
the votes of the proprietors according to the votes to which
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Voting at
meetings.
Voting on
behalf of the
Council.
District
commissioner
to represent
plantations in
each is entitled:
Provided that in the election of a Commissioner only
the proprietors of the district shall be entitled to vote.
(7) A declaration by the Chairman of a meeting that
a question has been decided and as to the nature of the
decision shall be entered on the minutes and shall when so
entered be evidence of the decision.
(8) The Secretary shall keep proper minutes of the
meetings of the proprietors.
41. (1) Every proprietor whose name is entered in the
register may, subject to section 42, vote at any meeting of the
proprietors in person or by his duly constituted attorney or
by any person authorised by him in writing.
(2) Where the proprietor is a company, the vote
may be exercised by its duly authorised attorney, or by any
person authorised in writing by such attorney, or by a
resolution of the board of directors evidenced by a copy
thereof signed by the secretary of the company.
(3) Proprietors shall have the number of votes set
out opposite to their respective names in the register.
42. (1) The Council shall have and may exercise the
rights of a proprietor and shall have one hundred votes.
(2) The Council may be represented at a meeting
of proprietors by the Mayor or in his absence by the Deputy
Mayor or any councillor duly authorised by the Council,
notice of such authorisation having been given in writing to
the Secretary.
43. The district commissioner shall be entitled to
exercise the right of voting for the plantations set out in the
Second Schedule and shall for the purposes of this Part be
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the Second
Schedule.

Register to be
kept by the
Secretary.
First Schedule.

Names and
addresses in
books of former
Commissioners
to be entered in
register.
Votes of
proprietors.
Amendment of
register.
deemed to be the proprietor thereof.
44. The Secretary shall keep a register in which he
shall enter the names and areas of the plantations set out in
the First Schedule (subject to such variations as may be
made in pursuance of this Act) the names and addresses of
the proprietor of each plantation, the number of votes to
which each proprietor is entitled, and the rates or other
payments to be made in respect of each plantation:
Provided that the Board may also cause to be kept
special registers relating to such matters as it may think fit.
45. (1) In compiling the register the Secretary shall
enter the names and addresses of the proprietors as they
appear in the register or books of the former Commissioners
with such additions and amendments as may be necessary.
(2) Where the address of a proprietor is not known
the Secretary shall register the name of the plantation as his
address.
46. The number of votes to which a proprietor shall
be entitled is one vote for each complete hundred acres of
the plantation as set out in the register.
47. (1) The Secretary may from time to time at the
request of any person interested and upon such evidence as
he may require, and shall when directed by the Board, make
such alterations and amendments in the register as may be
necessary.
(2) An alteration or amendment in the register
which affects votes in respect of a plantation shall not be
made within seven days before a meeting of proprietors.
48. The Board with the consent of a meeting of
proprietors may by notice published in the Gazette alter or Schedule.
alter the First
Board may

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Questions to be
decided by the
Board.
Service of
notices, etc.
amend any of the particulars set out in the First Schedule.
49. If any question shall arise as to the qualification
of any person or as to any particulars to be entered in the
register or as to the number of votes to which a proprietor is
entitled it shall be submitted to the Board whose decision
shall be final.
50. All notices, documents, summations or other
legal process shall be sufficiently served if sent by registered
post to or delivered at the registered address of the
proprietor.
Powers of the
Minister.
[15 of 1957]
PART VIII
POWERS OF THE MINISTER
51. The Minister may, by order, direct—
(a) that the Board shall execute or refrain
from executing any specified works or
shall alter or remove any specified
works;
(b) that the cost of any work or the liability
for any loan or part thereof shall be
imposed on the plantations within a
specified time and shall be paid by the
proprietors thereof;
(c) that the Board shall make such
assessments and levy such rates as he
may think fit to defray any particular
expense of the Board;
(d) that the annual payment by the Council
to the Board be varied in such manner
as he may think fit;
(e) that the Council shall pay the cost of
any work or of any part of any work;
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Commence-
ment and
publication of
order.
(f) that compensation shall be paid by the
Board to any person prejudicially
affected by any work or aggrieved by
any action of the Board, or that any
question whether a person is
prejudicially affected or aggrieved or
whether any and what compensation
should be paid shall be determined by
the High Court;
(g) that a plantation shall be subject to this
Act, or shall be included in any
Schedule, and to fix the area thereof, or
that a plantation be transferred from
one Schedule to another or from one
part to another of the First Schedule, or
that a plantation be deleted from either
Schedule.
52. Every order made under this Act shall come
into operation on the date specified in the order and shall be
published in the Gazette and a daily newspaper.
General
offences.
[6 of 1997]

PART IX
LEGAL
53. Every person who—
(a) commits any nuisance in any of the
waters of the Conservancy or who
bathes or washes clothes or any animal
therein, or
(b) causes or permits any dirty water or foul
fluid to flow into any of the waters of
the Conservancy or any reservoir; or
(c) throws any earth, dirt, stones, broken
bottles, oil, filth, or causes any
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Penalty for
opening koker
or cutting dam.
[6 of 1997]
Liability of
substance likely to contaminate, to get
into the waters of the Conservancy or
any reservoir; or
(d) damages any dam, trench, or any work
whatsoever under the control of the
Board; or
(e) wilfully commits any trespass on the
Conservancy; or
(f) fishes in the waters of the Conservancy
without the permission of the
Chairman; or
(g) is found without lawful authority in or
on any house, benab, shed, dredge or
other erection belonging to the Board,
shall be liable to a fine of four thousand eight hundred and
seventy-five dollars.
54. (1) A person shall not during such period as the
Board has directed that the koker be shut, open or cause to
be opened the koker of any plantation or suffer water from
the Conservancy to be taken into the trenches or to escape
through the drainage except with the permission in writing
of the Chairman.
(2) A person shall not make or cause to be made
any cut through any dam or make any stop-off in the waters
of the Conservancy except with the permission in writing of
the Chairman.
(3) Any person who contravenes this section shall
be liable to a fine of forty-eight thousand seven hundred
and fifty dollars.
55. A proprietor shall also be liable for a penalty
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proprietor for
penalty.
Recovery of
penalties.
Offender liable
to pay expenses
incurred by the
Board.
Recovery of
penalties.
imposed by this Act where the offence has been committed
in respect of his plantation by a person connected therewith.
56. Every offence under this Act may be prosecuted
under the Summary Jurisdiction Acts.
57. (1) Where the Board has incurred expense or
damage has been caused by an offence of which a person
has been convicted under this Act the magistrate shall order
him to pay to the Board the amount of such expense or
damage. The certificate of the Secretary shall be prime facie
evidence of the amount of the expense or the damage to be
paid.
(2) An order under this section shall be enforced as
if it were a judgment of the magistrates’ court in a civil case.
58. All penalties recovered under this Act or the
regulations shall be paid to the Board.
By-laws and
regulations.
Protection of
PART X
MISCELLANEOUS
59. (1) The Board may—
(a) make by-laws for the regulation of its
procedure and relating to the duties of
its officers and servants; and
(b) with the approval of the Minister, make
regulations for carrying this Act into
effect.
(2) Any by-laws or regulations made by the
former Commissioners and which are not inconsistent with
this Act shall continue in force until revoked or amended by
new by-laws or regulations.
60. The Commissioners and each of them and every
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Commissioners
acting under
Act.
c. 5:07
officer and servant of the Board acting under the direction of
the Board shall, with respect to all matters and things done
or intended to be done under this Act, be entitled to the
benefit and protection of the Justices Protection Act.
____________________
FIRST SCHEDULE ss. 2, 21, 44 and 48
LIST OF PLANTATIONS IN FIRST AND SECOND
DISTRICTS
PART I
FIRST DISTRICT COMPRISING THE
UNDERMENTIONED PLANTATIONS
Name of Plantations Area in acres
(English)
Kitty
Blygezigt
Bel Air
Sophia
Liliendaal
Pattenson
Turkeyen
Cuming’s Lodge
Industry
Ogle
La Penitence
Rome and Houston
Ruimveldt
Diamond
Haags and Bosche
522
211
223
291
267
379
629
664
1,007
2,317
536
2,219
1,105
11,103
1,167
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Mocha
Vlissengen
Lodge
Le Repentir
263
______
22,903
368
120
285
____
773
______
23,676

PART II
SECOND DISTRICT COMPRISING UNDERMENTIONED
PLANTATIONS
Name of Plantations Area in acres
(English)
Plaisance
Vryheid’s Lust
Success
La bonne Intention
Beterverwagting
Triumph (1)
Triumph (2)
Mon Repos
Lsuignan
Buxton
Friendship
Nonpareil
Enmore
Haslington
Golden Grove
Nabaclis
Cove and John
Victoria
Belfield
505
4,107
2,120
2,633
488
215
784
2,148
6,284
1,112
1,064
6,209
6,038
810
1,125
1,155
1,172
1,025
654
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Hope
Ann’s Grove and Two Friends
Clonbrook
Beehive
Greenfield
Orange Nassau
Grove
Unity
Lancaster
Spring Hall
Hand-en-Veldt
Good Hope
Helen (1)
Helen (2)
Belmonte
Supply
Vereeniging
La Bonne Mere
Cane Grove
Melville
Goedverwagting
3,413
744
720
576
581
438
354
215
205
996
305
315
306
292
341
362
406
2,156
2,524
2,184
1,512
_______
58,593


____________________
SECOND SCHEDULE s. 43
LIST OF PLANTATIONS FOR WHICH THE
DISTRCIT COMMISSIONER MAY
VOTE
Mocha
Lodge
Kitty
Plaisance
Friendship
Golden Grove
Nabaclis
Victoria
Lancaster
Hand-en-Veldt
Good Hope
Helena (1)
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Beterverwaging
Triumph
Buxton
Ann’s Grove and
Two Friends
Clonbrook
Unity
Helena (2)
Belmonte
Supply
Vereeniging
____________________
O. 72/1956 EAST DEMERARA WATER CONSERVANCY
(ANNUAL PAYMENT BY THE GEORGETOWN CITY
COUNCIL) ORDER
made under section 51(b)
Citation. 1. This Order may be cited as the East Demerara
Water Conservancy (Annual Payment by Georgetown City
Council) Order.
Annual
payment.

O. 62/1954
2. The annual payment by the Georgetown City
Council to the Board of Commissioners of the East
Demerara Water Conservancy shall be increased from the
sum of nine thousand dollars as provided under the East
Demerara Water Conservancy (Annual Payment by the
Mayor and Town Council of Georgetown) Order, 1954, to
the sum of twelve thousand dollars for the year 1957 and for
subsequent years.
____________________
East Demerara Water Conservancy (Annual Paymen by The Georgetown City Council) Order [Subsidiary]