PARISHES WATER SUPPLY 1

THE PARISHES WATER SUPPLY ACT

ARRANGEMENT OF SECTIONS

1 . short title.

PART L Public Water Supply
2. Places where this Part is in force.
3. Interpretation.

Construction of Works
4. Application for power to construct water works.
5. Water Supply districts-defidtion of.
6. Powers of parish Council to construct works
7. Powers of Chief Technical Director if authorized to undertake

any water works.

Acquisition, etc.. of Lond

8. Power to acquire lands, etc
9. Lands Clauses Act partdly incorporated.
10. Vcsting of lands and management of water works.
11. Power to alter streets, roads. etc.
12. sale of superflllous lands.

Financial

13. Advances for constructiOn or maintenance of works.
14. Repayment of advances and interest on what rates chuged.
15. Provision for ~ p a y m ~ ~ k

Rrrtes and C h g e s
16. Water Supply rates.

Property partly within and partly without rateable area
Rclief.

17. Application of this Act to parishes listed in Fouah Schedule.

me incluaim ofdhio pdgc is byL.N. 9S/ 19971

2 PARISHES WATER SUPPLY

18. Rates on Government buildings.
19. Existing rates.
20. Rights of ratepayers to water.
21. Contracts for supply of water.
22. Sales of water.
23. Parish Council and Corporation authorized to charge in accord-

ance with by-laws for the supply of water from public tanks
constructed under Law 26 of 1893 (now repealed).

24. Free supply of water by Parish Councils.
25. Free supply of water by Water Commission.
26. [Repealed.]

Water Supply Accounts

27. Accounts for each district.
28. Payments in.
29. Paymenta out.
30. Expenses of collection.
31. Deficiencies. how payable.

Managemenr

32. By-lam.
33. Application of section 124 of Pariah Counoils Act.
34. Fittings.

Legal

35. Recovery of rates. etc.. by suit.
36. Documents free from stamp duty.

Offences, erc.

37. Arrest on view.
38. Damage to Works, etc.
39. Frauds.
40. Tampering with pipes, etc.
41. Entry on premises.

_____I_ _--
p w iicluston2 ;I&& C a by LN. 951 19971

PARISHES WATER SUPPLY 3

42. Free process.
43. Time limitation for prosecution.
44. Recovery of penalties.

PART II. Jamaica Pm'shes Water Supply Loans
45. Interpretation of terms.
46. Parish Council of any parish may make loans to persons in

47. Application of Par& IL
48. Form of receipt.

possession of land.

Rights and powers which shall be conferred on Council on receipt
wig signed.

49. Implied covenants with Council.
50. Implied covenants binding on occupier of land.
51. Receipts for advances.
52. Offences.
53. Expenses.
54. Receipts in the form in First Schedule to be in duplicate.
55. Exemption from fees and stamp duty.
56. Council may direct that loan or instalment thereof be made by

57. Moneys owing to Council shall be paid to Colkctor of Taxes
supplying borrower with building materials.

of parish.

PART ID. Miscellaneous Provisions
58. Chief Technical Director may take over water works
59. Minister may make arrangements for charge and a- tion of

60. Transfer of powers to Chief Technical Director.
61. Re-transfer of water works.
62. Legal proceedings.
63. Chief Technical Director exempt from persond responsibility.

water works.

[The inclusion of this page is authorized by L.N. 480/1973]

5 PARISHES WATER SUPPLY
ca 170.

36 ot 1957.
CB of 1958
s 33,

17 of 195).
27 of 1959.
34 of 199)
S. 41.
A&

[28th November. 1889.1 zt:1$4
U d 1980,
s. 1%

401 1995
a 3.

f l W 8

THE PARISHES WATER SUPPLY ACT

1. This Act may be cited as the Parishes Water Supply shorttitle.
Act.

PART I. Public Warer Suppfy

2. This Part shall not apply to or be in force in the zthb
parishes of Kingston and St. Andrew. Part U in

torso.
w i g m
s. it. 3. In this Act-

“district” means a district defbed under any of the Public
Water Supply Laws 1873-1888, (now repealed) or
defined under this Act;

“house” means any dwelling-house, shop, store, wharf, ware-
house, office or place of business;

“Minister” means the Minister responsible for domestic
water supplies;

“person in possession of property” includes the owner,
occupier, mortgagee in possession, or other person in
actual possession of such property;

“property” means any property shown on the Valuation
Roll made and settled, or from time to time duly altered
and amended under the authority of the Valuation Act;

‘‘service pipe” means any pipe laid in premises for supplying 17 1959
water from the public water supply of the district to such ’.
premises and subject to water pressure from any water-
way connected to such public water supply, or which
would be so subject but for the closing of some tap;

F e inclu8h d thh pqe tsuaCmbmind by LN. 95/1947]

4.

6 PARISHES WATER SUPPLY

“the value of the property” means the gross value of any
property as shown in the Valuation Roll;

“wateway” and “waterways” include all aqueducts, gutters,
drains, culverts, pipes, streams and rivers, and all other
means and apparatus in any way built, constructed,
diverted or used, under this Act for the purpose of
supplying any district with water;

“water work” and “water works” include tanks, wells,
reservoirs and all other receptacles for water, con-
structed or used under this Act or the ownership of
which is vested in, or which are for the time being in
the occupation of or subject to the management or
control of, any Parish Council.

Construction of Works
~ p p l i ~ l r t i ~ n 4, It shall be lawful for the Parish Council of any parish
for powar
toconstruct to apply to the Minister from time to time to authorize the

construction of water works under this Act, or the enlarge-
ment or improvement of any water works already con-
structed or in course of construction and the Minister may
give or refuse such authority as he may think fit.

Water 5. In each case in which the Parish Council of any parish
distri- w l Y has been or shall hereafter be authorized to construct any f$$p of. water works under this Part it shall be lawful for the Minister
s. 2. to define the limits of the district (which may if the Minister

thinks fit comprise the whole parish) for which such water
supply is or shall be provided, and from time to time, as he
shall think fit, to enlarge, lessen or alter, such limits, as
also the limits of any district already defined by the
Minister.

6. Each Parish Council so authorized shall have power
to construct such water works, and make such waterways,
as may be deemed necessary or advisable, and to repair,
improve, enlarge and renew, the same respectively, and

Paciah
councih to
mnitrnct

.
- ~

hladon d this pqm h Wborhd by LN. 95/1997l

PARISHES WATER SUPPLY 7

shall have power to alter or regulate the course of any river
(not being navigable), stream or watercourse, or to take
water from any such river, stream or watercourse in such
manner as may be deemed necessary for the purposes of
this Part; but full compensation for all damages sustained
by any person in consequence of such alteration or regulation
shall be made under the provisions of the Lands Clauses
Act, and shall be ascertained and enforced in the manner
therein prescribed.

7. Each Parish Council so authorized may, by resolution, powcrsoi
request the Chief Technical Director to construct, enlarge, :ELical
improve or repair, all or any of the water works so :;;,erg;
authorized, or perform any works connected with the same tounder-
or the waterways thereof; whereupon, if the Minister shall WBtm
authorize the Chief Technical Director to undertake the
same, the Chief Technical Director shall be invested with all
the powers in such behalf vested in such Parish Council
under section 6 and section 11, and shall have and may
exercise all and every of the powers, privileges and immuni-
ties, which are vested in or granted to him as Chief Technical
Director under any enactment of this Island, so far as the
same are or may be in any way applicable to the works
undertaken by him under this Part.

Acquisition, etc., of Land

take any

8. For the purpose of carrying out this Part it shall be Powerto
lawful for the Parish Council of any parish, with the general E$&
or special approval of the Minister, to acquire under the
Lands Clauses Act, or in any other manner, lands and such
rights and easements in, upon, over or under lands, as may
be deemed necessary for constructing the works and obtain-
ing and securing as large a supply of water as may be
necessary for any district.

9. The Lands Clauses Act is incorporated with this Part fands
of this Act, except sections 10, 11, 84, 88, 89, 90, 91, 92, 93,
101, 103, 104 and 105, so far as section 105 gives any right partiallr mwrpor-

ated. me incheh of this page is authorized by L.N. 57/1981]

8 PARlSHES WATER SUPPLY

Vesting of
lands and
manage
ment of
water
works.

Powcr to
alter
streets,
m d s , etc.

to the Accountant-General to deduct a percentage from
money paid into the Treasury, and except so far as the said
Act is inconsistent with or varied by the provisions of this
Part and in construing the same the Parish Council of the
parish authorized to construct water works under this Act
shall be deemed to be “the promoters of the undertaking”;
and all costs and moneys payable by the promoters of the
undertaking shall be chargeable primarily to the moneys in
the hands of the Accountant-General to the credit of the
parish applicable to the purposes of the said water works,
and shall not in any way be chargeable against the individual
members of the Parish Council personally, nor shall they,
or any or either of them, be liable personally for any penalty
by the said Act imposed on the promoters of the undertaking.

10. All lands acquired under this Part shall be conveyed
to and vested in, and all lands acquired under any of the
Laws, namely, Laws 24 of 1873, 18 of 1881, 8 of 1886 and
29 of 1888 which are repealed by Law 28 of 1889 (which
now forms part of this Act) shall continue to be vested
in the Commissioner of Lands of Jamaica and his successors,
and shall be held by him for the purposes of this Part, and
for securing the repayment of all moneys advanced under
any of the said Laws or this Part, and of interest thereon:

Provided that in each parish the Parish Council shall have
the entire occupation, management and control, of all the
water works constructed or used under any of the said Laws
or this Part, and of the public water supply thereat, and of
the lands, rights and easements, purchased therefor.

11. The promoters of the undertaking, as herein explained,
shall have power, with the approval of the Minister, to alter,
for the purposes of this Part, as they may consider to be
necessary, any roads, streets, or lanes, adjoining or near to
the land acquired under any of the said Laws or this Part,
and may acquire land under this Part for the purpose of
adding to or altering any such roads, streets or lanes.

3

me inclwim of this pap is authorized by L.N. 57/1981]

PARISHES WATER SUPPLY 9

12. Any superfluous lands vested in the Commissioner of Saleof
Lands under any of the said repealed Laws or this Part, lands.
and any lands which shall hereafter cease to be needed or
used for the purposes of this Part may, with the approval of
the Minister, be sold by the Parish Council of the parish
acquiring the same, and shall be conveyed by the Commis-
sioner of Lands to such persons and in such manner as such
Parish Council may direct.

Such land so conveyed shall be thereupon discharged from
any trust created by this Part, and the purchase moneys
shall be paid into the Treasury, to the credit of the water
supply account of the district in which such superfluous lands
may be situated.

SUPerflUOUl

Financial
13. The Minister may order that the whoIe or any part Advancss

of the amount required for the construction, enlargement, mnimction
improvement and maintenance, of such water works as
have been or shall be authorized as aforesaid shall be works-
advanced by the Accountant-General to the Parish Council
so authorized, in such manner, by such instalments and at
such periods, as the Minister shall from time to time direct.

for

14. All advances already made or which shall hereafter Replyment
be made by the Accountant-General to any parish for or andinterest
towards the construction, enlargement, improvement or
maintenance, of any water works, constructed or to be con- -W.
structed under any of the Laws repealed as aforesaid or
under this Part, shall be charges upon and payable primarily
out of the rates leviable under this Part within the district
for which such water supply is provided, and in case such
rates prove insufficient for payment af the said advances
and interest at the times when the same are payable res-
pectively, the deficiency shall be made good out of the
General Fund of the parish; and the Parish Council of the

me i m l h of this page is authorized 6v LN. 57/19811

of advances

10 PARlSHES WATER SUPPLY

said parish is hereby authorized and required from time to
time to increase the Parish General Rate so far as may be
necessary to make good any such deficiency, and the said
rate is hereby made liable for the payment thereof, and for
the payment of interest thereon at a rate not exceeding five
per centurn per annum, which shall be written up at the
close of each financial year to the debit of the water supply
account hereinafter mentioned of the district assisted.

Provision 15. It shall be lawful for the Minister at the time of
making any advance under this Part, to determine what
proportion of the capital sum advanced shall be paid each
year, by way of interest and towards the payment of
principal, by the Parish Council to which such advance has
been made, and also when the first of such payments shall
be made, and until such first payment is made the annual
interest on such advance shall be added to the principal:

for repay-
ment.

Provided always that it shall be lawful for the Parish
Council to repay at any time the amount of such advance,
and the interest thereon, out of any money at their disposal
which may be lawfully so applied :

Provided further that the Minister may in his discretion,
under any special circumstances, and on the application
of the Parish Council of the parish, dimiiikh the proportion
of the sum advanced under any of the Laws repealed as
aforesaid or under this Part that is to be paid in any one
year.

It shall be lawful €or the Parish CounciI to receive and
give releases for any gift, grant or legacy, from any person
for the purposes of any water works for providing a supply
of water within its parish.

-
Phe inclusion of this pap is autborfted by LN. S7/1981]

3

PARISHES WATER SUPPLY I 1

Rates and Charges
16. Subject to the provisions of section 17, after the Water

Supply publication in the Gazette of the definition of any district rates.
it shall be lawful for the Parish Council of the parish, with s.2(a).
the approval of the Minister, to fix a water rate to be raised
and paid throughout such district for the purposes of this
Part-

(a) Each water rate may be fixed either by a uniform
rating on every twenty dollars or fractional part
thereof of the value of the property in respect
whereof the same is payable, or by a graduated
scale of charges based either on such value or on
the supply of water 01 on such value and on the
supply of water, and may be altered from the one
to the other. In fixing any such water rate special
provision may be made for a diminution o r increase
of rate for certain classes of property based upon
the purpose for which the rateable property is used.
The value of any property under the value of
eighty dollars shall be taken to be forty dollars.

(b) Any such rate shall be made payable in respect of 17/1959
all property in such district in which a service pipe
is laid provided that such property be occupied.

(c) Any such rate shall be payable in advance for such
period (not being less than one or more Qan twelve
months) as the said Council, with the approval
aforesaid, shall fix, and shall be paid by the person
in possession of such house, or the owner or
possessor d each head of horsekind or horned
or other stock in case the same is made payable
in respect of horsekind and stock, during the
whole or any part of such period, to the Collector
or Assistant Collector of Taxes for the district, at

211 1959

s 3.

.

-
nhe incl- a€ &!is'- is autWrize3 try LN. 57119811

PARISHES WATER SUPPLY

1611972 s. 3.

his office, on such day or days as such office may
be open for the purpose; and in case of non-pay-
ment, payment may be enforced under the provi-
sions of the Tax Collection Act, and any enactment
amending the same, as if the person liable to pay
the same had made a return thereof under the Tax
Collection Act, and had failed therewith to pay
the same:

Provided that the Minister may, where he
considers it expedient so to do, by order provide
that the payment of the rate shall be made in like
manner as aforesaid to the Council instead of the
Collector or Assistant Collector of Taxes for the
district; and that in case of non-payment, payment
may be enforced in accordance with the provisions
specified in the order.

(dj It shall be no objection to any rate made under
this Act that it is fixed at a lower scale in some
portions of the district than in others, if in the
judgment of the Minister it is impracticable to give
to such iirst-mentioned portions of the district the
same facilities and advantages in respect of the
supply of water as are given to the other portions
and less facilities and advantages are given
accordingly.

(e) Any such rate may be altered, increased or
diminished in such manner as the Minister shall
see fit.

U, Any rate fixed as aforesaid, or any alteration,
diminution or increase, of the same shall take effect
from the first day of the month next after that in
which the water shall have been supplied from the
beginning of the month :

3

PARlSHES WATER SUPPLY 13

Provided always that it shall not take effect from
an earlier day than the first day of the month next
after that in which it shall have been fixed, altered,
diminished or increased, as aforesaid.

(g) When a property lies partly within and partly with- ~roperty
out any area within which any rate under this $?&and
Act applies, the same shall be levied on the value $gZut
of such portion only of the property as lies within rateable
the rateable area, and the value of such portion
shall be settled in the same way, as nearly as may
be, as values have been settled under the Valua-
tion Act.

(A) The provisions of sections 41, 42, and 43 of the ~elid.
Tax Collection Act shall apply to and regulate
the granting of relief from the rate under this Act.

area.

17.41) Notwithstanding the provisions of section 16, A pucation
from and after the appointed day, in relation to the parishes toparishca
listed in the Fourth Schedule, section 16, aforesaid shall be !;:$
construed as if modified in the manner set out in the Fifth Schedule.

ofthis Act

2711959

F f i
Schedule.

Schedule. 5.3.

(2) The Minister may from time to time, by order,
add to the Fourth Schedule any parish.

(3) In this section “the appointed day” means in
relation to the parishes of Saint Catherine and Saint Ann,
the 1st day of April, 1959, and, in relation to any other
parish, the 1st day of April next after the date on which
pursuant to subsection (2) such parish is added to the Fourth p o d
Schedule. Schedule.

18. The Government of this Island shall be liable to the bttson
prescribed water rate in respect of aU buildings belonging buildings.
to this Island or used by them for public purposes within

Government

me inclupioa of this page is authorized by L.N. 57/1981]

14 PARISHES WATER SUPPLY

Existing
ratea.

Righie of
ratepayem
10 water.

Contrscts

of water.
for supply

any district, in the same way that the occupier of such
property would have been liable if it had belonged to a
private person; and the Accountant-General shall, for the
purposes of this Part, pay to the credit of the water supply
account hereinafter mentioned for each district in which
such buildings are situated, the amount of the water rate
payable in respect of such property. For the purposes of
this Part, the rateable value of buildings belonging to or
used by the Government shall be fixed in the same manner
as that of other property.

19. Any water rate heretofore fixed in any district by
the Parish Council of any parish, and approved by the
Minister, shall, in so far as it may be in conformity with or
capable of being supported under the provisions of this
Part, be deemed to be valid effectual under the provi-
sions of this Part.

20. Every person resident within a district who shall
pay the water rates for such district in manner aforesaid,
and produce when required his receipt therefor, shall b:
eiitilled to be supplied with water from the public water
supply of such district, subject only to the rules and regula-
tions for the time being affecting the same made and
approved under this Part, and to any limit which shalt there-
by be prescribed.

21. Subject to the obligations imposed by the last preced-
ing section, any Parish Council having a public water supply
may enter into contracts with any bodies corporate or politic
or with any person or persons whomsoever, for the supply
of water in such quantities, at such times, and in such manner
and at such prices, payable in such manner and at such times,
as may be agreed on, to or for any premises not situated
within a district, or to or for any institution, public or
private, wheresoever situated, or to or for any ship or other.

whe inclusion of this page is autbonmi by L.N. 57119811

3

PARISHES W A T E R SUPPLY 15

,-

vessel. All applications for any such supplies of water shall
be made in such form, and subject to such regulations, as
such Parish Council shall from time to time require.

22. The Parish Council of any parish may sell and dispose Sales of
water. of and deliver water from the water works in any district in

such parish at such prices and times, and in such manner,
and by such agents, as they may from time to time appoint,
and may employ such agents or servants for the purpose of
retailing and superintending the delivery of such water, and
on such terms of a fixed salary or commissions, and of
accounting for and paying over all sums of money received
for such sales of water, as they shall think fit; and all moneys
so received shall be paid over to the Secretary of such
Council, and shall be paid by him to the Accountant-General,
to the credit of the water supply account of such district
hereinafter mentioned.

23, It shall be lawful for the Parish Council of any parish po~;nd
Cornantkm in which any tank was constructed under the Public Tanks aurhmiad

Law, 1893, (Law 26 of 1893) now repealed, and the said ::22Z ance wnh
Parish Council is hereby authorized to charge for the supply by-iSws tor the
of water from the same in accordance with by-laws to be ;:&,
made by such Council with the approval of the Minister gk:k%?

under Law
% d 1893
(now
%IW7 s. 5.

who shall have power to alter or amend the same.
R P d c d ) .

24. The Parish Councils in the several parishes of this rfz;'eb
Island, in charge of public water supplies, are hereby em- bypviah
powered, if they think fit, and subject to such orders as 4911974
they may make-

Councils.

s. 2

(a) to supply water, free of water rates or other charge
for the same, in any area by any means other than
service pipes; and

me inclusioa of tFis page is authorized by L.N. 57/1981]

16 PARISHES WATER SUPPLY

(b) to supply water at cost by means of service pipes
to public educational institutions offering primary
education as defined in the Education Act.

P C ~ ~ S U P P I Y 25. The National Water Commission created under the
bywater National Water Commission Act shall, under their super-
Camissi"n. vi'sion, and to their satisfaction, and subject to such con-

ditions as they may think fit, allow connection to be made
wtm with their mains, or otherwise to supply at cost water to
S. (b) ( I ) public educational institutions offering primary education

as defined in the Education Act, in the parishes of Kingston
and St . Andrew which are within the li~mits of their water
service.

of water

26. [Repealed]

Water Supply Accounts

Accounts
for each.
district.

27. The Accountant-General shall open and keep separate
accounts with each Parish Council which has obtained, or
which shall hereafter obtain, advances for water supply
purposes in respect of any district, of the sums so advanced,
and of all interest thereon, and of all sums paid from time
to time under section 29, and of all collections, payments
and credits, in respect thereof, which account shall, in each
case, be opened as the water supply account for the district
assisted.

p a w m u 28. All money received by any Collector of Taxes for or
in respect of any water rate under this Part, or by any Parish
Cbuncil for water supplied under this Part, shall be paid into
the Treasury, to the credit of the water supply account of
the district for which such water supply is provided.

10.

me inclusioa of this is authorized by L.N. 57/1981]

PARISHES WATER SUPPLY 17

,

29. The Accountant-General shall from time to time pay Payments
O a t from the moneys in his hands at the credit of the water

supply account for any district, the drafts of the Parish
Council of the parish in which such district lies, drawn
against such account in respect of the construction of the
hvmis authorized, and of the current charges of manage-
mmt and maintenance of the same, and of such extra-
ordinary charges for repairs and renewal of works, and

w works, and for purchases of additional property,
and for any other extraordinary expenses, as may be author-
ized by the Minister specially under this Part.

30. It shall be lawful for the Accountant-General to :Kernof
,deduct, from the amount of all water rates collected and
.pa3 qver to him by any Collector of Taxes under this Part,
a sum equal to five per centurn on such amount, to cover
expews of collection; and such percentage shall form
part Qf the Consolidated Fund.

31:-In case, upon the accounts kept under this Part Dcfidenciea.
hOW between the Accountant-General and any Parish Council h pryablo,

respect of any water works authorized to be constructed as
aforesaid, and in respect of which an advance or advances
have been made by the Accountant-General, it shall appear
that the water rates to be credited as aforesaid, after deduct-
ing the authorized expenditure to be debited as aforesaid,

'are in any year insdlicient to pay the interest upon such
advance or advances together with the proportion of the
capital sum payable as aforesaid, the Accountant-General
.shall make good such insufiiciency out of the first moneys
,coming to his hmds as the proceeds of the Parish General
Rate leviable within such parish under the provisions of the
Parochial Rates and Finance Act, and such appropriation

' shalt be legal, anything in the said Act to the contrary not-
withstatding.

m e inclusi00 of this page is authorized by L.N. 57/1%l]

ia PARISHES WATER SUPPLY

Managemenr
Bylaws. 32.-(1) Every Parish Council may make by-laws-

(a) for the prevention of waste of water; and
(b) for the prevention of the improper use of any water

p i p or fittings or appliances attached thereto; and
(c) for regulating the use of any water works or water-

ways; and
(4 for regulating the sale and delivery and supply

and use of water in the parish; and
(e) for prescribing the amount, manner and limit of

the supply of water to any ratepayer or class of
ratepayers in the parish; and

Cf, for defining and regulating the powers, rights,
duties and conduct of all persons employed, in
about or in connection with the water works or
waterways situated within the parish and of all
persons seeking a supply of water from any sucb
water work or water way; and

(g) for the cutting off and stoppage of the supply of
water to premises-

(i) if the water rate in respect of such premises
is in arrear and unpaid; or

(ii) if there has been waste of water supplii
to such premises whether such waste was
occasioned by an act or default of the person
paying the water rates or not.

(2) Notwithstanding anything to the contrary
different by-laws may be made under subsection (I) in
respect of different areas in any parish.

(3) Every person who contravenes or fails to comply
with any by-law made under subsection (1) shall be guilty

me inclusion of this page is authorized by L.N. 57/1981]

PARlSHES WATER SUPPLY 19

of an offence against this section and upon summary con-
viction thereof shall be liable to a fine not exceeding ten 4011995
thousand dollars.

(4) Every person who, in the contravention of any
by-law does any damage-

s. 3.

(a) to any water work or waterway; or
(6) to any water pipe, fitting or appliance vested in or

supplied by any Parish Council and which is used
or intended to be used in connection with any water
work or waterway,

shall on conviction of such Contravention be liable, in
addition to the fine specified in subsection (31, to pay to the
Parish Council the value of such damage or in default of
payment forthwith to imprisonment, with or without hard
labour, for a term not exceeding three months.

(5) Notwithstanding anything to the contrary where
the supply of water to any premises is cut off under the
provisions of any by-law the water rates payable in respect
of such premises shall not abate during the time that the
supply is so cut off unless the Parish Council otherwise
directs in any particular case.

(6) [Deleted by Act 40 of 193.5, S. 3.1
33. The provisions of section 124 of the Parish Councils ~pplica- tiun of

Act shall apply in relation to bylaws under this Act. d o n
Parish
Cmndla
Act.
4011995
s. 3.

124 ~e

34. All fittings for the conveyance, delivery or storage Fittings.
of water, which may be required by any occupier of property
to be placed in connection with fittings belonging to a Parish
Council, shall be in all respects subject to the approval of
such Council, and shall be kept constantly in serviceable
condition to the satisfaction of the Council, at the expense
__ ~ ~ _ _ __

pT~~imIusion &this page is authorized by L.N. 95119971

20 PARISHES WATER SUPPLY

of the party who may require them, and any such fittings not
so approved or kept serviceable as aforesaid may be removed
by or under the direction of the Parish Council, or the Parish
Council in their option may cut off the supply af water from
the premises where such fittings shall be placed.

Legal
~ecoveryof 35. Notwithstanding the means of collection of rates
by suit. hereby provided, any Parish Council may, in addition thereto

or in lieu thereof, proceed to recover and enforce the same,
or any arrears thereof, or any moneys payable to them under
this Part, or under any contract made with them, by action,
plaint or suit, at Law or in Equity, and by execution and
proceedings thereunder, or upon any judgment thereon.

36. All conveyances, leases, contracts and other docu-
ments, made or given by or to the Commissioner of Lands,
the Chief Technical Director, or any Parish Council, in pro-
ceedings under this Act shall be free of stamp duty.

Oflences, etc.
37. The person in charge of any well or tank, or other

place of water supply provided under this Act, or other-
wise by any Parish Council, shall have power to appre-
hend or cause to be apprehended, without warrant, any
person who shall, in his view, at or near such well, tank
or place, commit any nuisance, or any breach of the by-
laws made and approved as aforesaid, and shall also have,
at and near such well, tank or place, the powers of a
constable.

rates, etc.,

Documents
free from

+rest on
view.

Damage to 38. Every person who shall in any way destroy or damage
any water works, or destroy, damage or obstruct any water-
way, or in any way defile or injure the water in any water
works or waterways, shall be liable to a penalty for each
offence not exceeding ten thousand dollars.

Works, etc.

4011995
s. 3. -~

[The inclusion of this pagc is authorized 'by L.N. 95! 19971

PARISHES WATER SUPPLY 21

39. Any person who shall fraudulently take or attempt Frauds.
to take any water from any water work or waterway con-
structed or used under this Act and in the exclusive posses-
sion of a Parish Council, and any person who shall by any
means fraudulently obtain water from any such water work
or waterway in excess of any quantity that he may be autho-
rized to take, shall be liable to a penalty not exceeding thirty 401 199s
thousand dollars. s. 3.

40. No person shall make any alteration in, or any con- Tampring
wth pipes. nection with, any of the pipes or fittings of any Parish

Council, without the permission of such Parish Council being
first had and obtained; and every person convicted of so
doing shall be liable to a penalty not exceeding five thousand 40: 1995
dollars. s. 3.

41. Every servant or agent of any Parish Council Emryon
premised authorized by the Parish Council may at any time between

the hours of eight o’clock in the morning and six o’clock
in the afternoon enter upon any premises supplied with
water by the Council, for the purpose of-

(a) examining the pipes or means by which water is
supplied to such premises or any appliance or
thing used upon such premises in connection with
such pipes or means of supply; or

(6) cutting off the supply of water to such premises
in any case where it is permissible under the pro-
visions of this Act for such supply to be cut off.

42. In any prosecutions under this Act, the several Parish F~
Councils and their officers shall have free process in any proam
of the courts of this Island.

43. All prosecutions for offences against this Act, or Time
linutation

prosecution.
against any by-laws thereunder, shall be commenced within for
three calendar months after the commission thereof.
-

f l lm lnchwim d lbisplgc is aulbmkd by L.N. 9511997)

22 PARISHES WATER SUPPLY

Rcmvery of penalties. 44. All penalties imposed by this Act may be recovered
summarily before any two Justices of the Peace or a
Resident Magistrate, who, in default of payment thereof,
may award imprisonment with or without hard labour for
a term not exceeding three months.

PART 11. Jamaica Parishes Water Supply Loans

Interprets- 45. In this Part- tion of
terms “Parish Council“ and “Council” shall be held to include

“Parish” shall be held to include the “Rural Wards” of the
the Kingston and Saint Andrew Corporation;

Corporate Area of Kingston and Saint Andrew.

Parish
Council of
any parish
may make
loans io
persons in
possession
of land.

A plication
oPPart 11.

Porrn of
receipt.
Rights and
powers

46. The Parish Council of any parish of the Island (here-
inafter called the Council) may from time to time, out of
moneys standing to the credit of the General Fund of that
parish make for the purposes of this Part loans to persons in
possession of any land in that parish, the repayment of such
advances being secured in the manner hereinafter provided,
and in such further manner [if any) as the Council, or any
person or persons deputed by the Council may in any case
approve :

Provided that such loans shall not exceed in the aggregate
in any one year the sum of three thousand dollars and shall
in no individual case exceed the sum of one hundred dollars.

47. This Part shall not apply to any parish unless and
until the Parish Council of such parish has by resolution
signified its adoption of the provisions of this Part, and the
Minister has approved of the said resolution.

48.-(1) The form of receipt contained in the F h t
Schedule, when signed by any person to whom an advance

[The iaclusion of this page is a thmized lby L.N. 951 19971

PARISHES WATER SUPPLY 23

may be made on account of the loan therein mentioned, ;::\$,$id
shall confer on the Council the following rights and on council on receipt

First
powers- being signed.

(a) In respect of all advances that may be made, not schedule.
exceeding the total amount of the loan mentioned
in such receipt, and any expenses incurred by
the Council in connection with, or arising out of
the said loan, a preferential charge upon all crops
that may be grown on the land specified in the said
receipt, until repayment in full of such advances
and expenses.

(61 A charge on such land in respect of such advances
and expenses, subject to any mortgages existing
thereon, and recorded or registered, or in respect
of which a caveat has been entered at the date
of such receipt, or of which the Council shaU have
received notice in writing, prior to the making
of the first advance on account of the loan.

(c) All the rights and powers conferred on lenders
under the terms of the Agricultural Loans Act,
and any enactment amending the same save that
such rights and powers shall extend to aU CTOPS
grown on the said land, until repayment in full of
the advances and expenses as aforesaid.

(d) A power, after ninety days' notice to the borrower,
to sell the interest of the borrower in the said land,
on default being made in repayment of the said
advances, or any part thereof respectively, at the
time and in the manner specified in the sajd
receipt.

(2) A document in the form specified in the Second Second Schedule
Schedule, signed by fhe Secretary of the Council, shall be
sufficient to confer title on any purchaser, and no such
purchaser shall be concerned to see or enquire whether such

24 PARISHES WATER SUPPLY

Implied
corenants
wLth
Council.

Implied
covenants
binding on
occupier of
land.

sale is properly made, or whether any such notice has been
given.

49. In such form of receipt, there shall be implied on
the part of the borrower, the following covenants with the
Council, that is to say-

(a) To expend the said loan on constructing or repair-
ing a tank for the storage of water or sinking or
repairing a well on the land specified in the said
receipt, of the dimensions and materiaIs and
according to plans and specifications, to be
approved by the Council and not otherwise. The
expression “tank” shalI include the catchment
and other appurtenances to the tank.

(b) To repay the said loan at the times mentioned
in the said receipt, and to pay all expenses incurred
by the Council in connection with, or arising out
of the said loan.

(c) To produce at such intervals as may be required
by any person authorized in writing by the Council,
an account showing the expenditure of the moneys
advanced from time to time, vouched on oath, or
by affirmation, or in such other manner as may
be required by such person.

50. In such form of receipt there shall be implied the
covenants with the Council in this section specified, which
shall be binding on the occupier of the land for the time
being, in the same manner as if such occupier had signed
such receipt, and on the borrower in addition to the
covenants mentioned in section 49.

The said covenants are as follows-
(a) Out of the crops and proceeds of the said land to

repay the said loan, at the times mentioned in the
-
me inclusion of this pge is a&orimd by L.N. 9S/ 19971

PARISHES WATER SUPPLY 25

said receipt, and to pay all expenses incurred by
the Council in connection with, or arising out of
the same.

(6) To allow inspection of the land specified in the
said receipt, and of the cultivation thereon at all
times, by any person authorized in writing by the
Council.

(c) At all times, whilst any portion of the loan men-
tioned in such receipt remains unpaid, to uphold
and maintain the cultivation on the lands thereby
charged in good order and condition, and to see
that the security is not deteriorated in value.

51. Receipts for all advances on account of a loan subse- Re=lp~for advances.
Thud
Schedule.

quent to the first advance, need not be recorded or registered,
and may be in the form specified in the Third Schedule.

52. Any person who obtains an advance under this Part, Offences
by means of any false representation, any person to whom
an advance is made under this Part whether in money or
building materials who wilfully applies the money or
materials so advanced to any other use or purpose than the
construction or repairing, on the lands described in the said
receipt, of a tank for the storage of water or sinking or
repairing a well of such dimensions, materials and construc-
tion as the Council shall approve, any person making any
false oath or afhmation and any person who having
obtained an advance whether in money or building materials
under this Part, or who, Wig the occupier of any land men-
tioned in any receipts under this Part, afterwards sells or
disposes of, or converts to his own use, or wilfully destroys
any of the crops or products, the subject of the charge
cteated under this Part, without the consent in writing of
the Council or person deputed by the Council, shall be guilty
of a misdemeanour, and being convicted thereof in any

--___
Phc iUclusion of th is p d ~ c is authwized by L.N. 95/1997]

26 PARISHES WATER SUPPLY

Expenses.

Receipts in
the form in
First
Schedule to
be in
duplicate.

Exem tion
from Les
and stamp
duty.

Council m a y
direct that
loan or
instalment
thereof be
made by
supplying
borrower
with
building
materials.

Court of Record in this Island, shall be imprisoned, with
or without hard labour, for a term not exceeding one year:

Provided that no prosecution of any such offence shall be
begun or proceeded with, after the secured advances and
expenses shall have been satisfied.

53. It shall be lawful for the Council, with the approval
of the Minister, to advance to any person or persons
appointed by the Board to carry out the purposes of this
Part, or to pay to the order of such person or persons any
expenses that may be incurred in the carrying out of this
Part under the authority of the Council.

54. All receipts in the form in the First Schedule shall
be in duplicate, and one copy thereof shall within one month
of execution, be lodged and kept in the Record Office, and
indexed as a mortgage affecting the land mentioned in such
receipt, or in the case of lands under the operation of the
Registration of Titles Act, one copy of such receipt shall be
lodged with the Registrar of Titles, and he shall register the
same as a mortgage under the said Act.

55. All documents executed under thii Part shall be
exempt from all fees and stamp duty.

56. It shall be lawful for the Council to direct that any
loan or any instalment thereof shall be made by supplying
the borrower with building materials suitable for the con-
struction or repairing of a tank or for sinking or repairing
a well and equal in value to the amount of the loan or any
instalment thereof as the case may be and on the delivery to
the borrower of such building materials the amount of loan
or any instalment thereof as the case may be represented by
such materials shall be deemed to have been paid to the
borrower and the decision of the Council as to the value of
such building materials shall be final and binding.

[Theinclusiondtbispagsisa~~iPa byL.N.95119371

PARISHES WATER SUPPLY 21

57. All moneys owing to the Council, whether for instal- z g y o
ments of a loan or otherwise, shall be paidto the Collector 2;::
of Taxes of the parish at his office, and payment may, with- be pBlii to
out prejudice to any other remedies be enforced under the Tawesof
provisions of the Tax Collection Act, and any enactment parish.
amending the same, as if the person liable to pay the said
amounts had made a return thereof under the said Act and
had failed therewith to pay the same.

Collector of

PART HI. Miscellaneous Provisions

58. It shall be lawful for the Chief Technical Director ~ ~ ~ ~ i m l
on behalf and by direction of the Government to take charge Director
of and administer any system of water supply constructed Overwater
by or on behalf of any Parish Council, whenever such
Council has requested the Government so to do, and the
Minister has approved of the request being complied with.

may take

59. The Minister may make all necessary arrangements Mister
for taking charge of and administering such water works and arrange-
may make rules and regulations for carrying out such &,weand
arrangements and generally for giving full effect to the pur-
poses of sections 58 to 63. He may attach penalties of four waterworks.
dollars for each breach of such rules and regulations, which
may be recovered summarily.

may make

ments for

60. During such time as any water works shall under Transferof
sections 58 to 63, be in the possession and under the control gF to
and subject to the management of the Chief Technical gFs;l
Director, all powers of the Parish Council over and in respect
of such water works and all revenue in connection therewith
shall be transferred to the Chief Technical Director who is
hereby authorized to do whatsoever by Part I or by any
enactment amending the same or incorporated therewith, a
Parish Council is authorized to do.

F e kclusion of this paec i s authari?ed by L.N 9511997)

2a PARISHES WATER SUPPLY

Retransfer
of water
worls.

68i1958
s. 33.

Chief
Technical
Director
exempt
from
personal
rcsponsibi-
lity.

S. 33.
68 i 19sa

61. So soon as the position of any water works, the
management of which has been assumed by the Government,
is in the opinion of the Minister such as to justify and call for
its re-transfer to the Parish Council to which it belongs, he
shall cause notice to be given to this effect by advertisement
in the Gazette, and from a date to be specified in such notice
the powers of the Chief Technical Director under sections
58 to 63 in respect of such water works shall cease, and the
powers of the Parish Council which were temporarily sus-
pended shall forthwith revive and be once more in full force
and effect.

62.** All legal proceedings in connection with water works
of which the management has been assumed by the Govern-
ment under sections 58 to 63, may be taken by and in the
name of or against the Chief Technical Director.

63. The Chief Technical Director shall be exempt from
personal responsibility for anything done, suffered, or
omitted in the exercise of the powers given by sections 58
to 63,* and all damages and costs which shall or may be
recovered against the Chief Technical Director in any action
or suit for anything done, suffered, or omitted in the exercise
of the powers given by sections 58 to 63 shall be paid out of
the revenues of the water supply under his control in respect
of which the liability arose.

**This section is repealed by section 32 of the Crown W d i n g s Act, insofar
au it pgtcts proceedings by or against the Crown or any oflicer of the Crown
M dehed in that Act.

*The words “and all dama es ............................ most" following the asterisk
are mmled by section 32 $the Crown Proceedii Act. inmfar IS tbev affcot
proceedings by or against the Crown or any office- of the Crown aa d i n e d m
that Act.
-- - _ . _ - __

~ e i n c l u d o n of this page is &&Orized by L.N. 95119971

PARISHES WATER SUPPLY 29

FIRST SCHEDULE (Section 48 ( I ) 1

THE PARISHBS WATER S U P ~ Y ACT
Received from the M h C Q U ~ of the parish of

thcpum0fS
to be made to me under the terms of the Parishes Water Supply
Act. in re%pcct of all that piece or parcel of land

on account of a loan of S

(here describe 1Md)

The loan to be made in instalments, the receipt of
each instalment bejng dependent on my satistjhg the said Council or "Z m n authorid by such Council in writing that the previous

ent has been duly expended on the construction. or repairing.
011 the said land of a tank for the storage of water or on sinking or
repairing a well on the said laod of such materials, dimensions and
CoIlStrudion as may be approved by the Council. The said loan to be
repayable in seven annual instalments with interest at the rate of

per cent, per annum [see note "U" posl). the lirst of such
instalments to be paid on the day of 19 .

p e n t of any instalment or of any If default shall be made in the
interest. the whole principal sum 8 en unpaid shall become immediately

the rights and powers specified in tr e said Act and in the ApkuItufal

payable without further demand.
I fully understand that the signing of this receipt makes me liable

to the covenants set out in the Parishes Water Supply Act, and
confers on the Parish Council of the

h s Act.
I further fully understand that inatead of receiving the balance of

the gum of s hcreinbefon-mentioned or any
imtdmcnt thereof. I may be supplied with building materials of a value
to be determined by the said Council, and that the supply of such
materials will be for the purposes of the Parishes Water Supply Act
a payment in money to the amount of thb vaiue of such materials
dctemined as aforesaid.

Dated this day . 19 .

rish of

X.Y., of
witlfess

.nd should be repIDcsd by the WOFQ "without intercat".
(U) If no interest it to be charged, tha foregoing words should be atruck out

F e inctusion of th is page iS ai&brized by L N. 95/ I9971

30 PARISHES WATER SUPPLY

SECOND SCHEDULE

THE PARISHES WATER SUPPLY Am

(Section 48 (2) )

I. A B . Secretary of the Parish Council of the

parish of in pusllslnce of the powers confarred
on me under the above-mentioned Act, do hereby in consideration

of the sum of

of

interest of (borrower), of

a person to whom advances have been made undw the said Act of
and in (here describe property)

to the said C.D.

paid to me by C.D.

sell and transfer all and every the estate and

Dated this day of , 19 .
A B . ,

Secretary of the Parish Council for

THIRD SCHEDULE (sestioo 51)

THE PARISHES WATEX SUPPLY Am
Received from the Secretary of the Parish Council of the pariah of

the sum of I bdng the
instalment on account of the loan mentioned in

.

my receipt dated the day of
Dated this day of , 19 .

X.Y., of

witness

[The inclusion of this page is au@horized by L.N. 951 19971

31

FOURTH SCHEDULE (section 1171

PARISHES IN RELATION TO W H I M RATES AILE BAS6D ON
UNIMPROVED VALUES

271 1959
s. 4.
L.N.
2711962

Saint Thomas L.N.
Trelawn y 90; I965

Saint Catherine
saint Ann
Portland
Saint Mary

Saint Elizabeth
Clarendon
Manchester
Westmoreland.

L.N.
1101 I973

FIFTH SCHEDULE ( W o n 171

MODIFICATIONS OF SECTION 16 IN RELATrON TO 21 11 993 s. 4.
PARISHES LISTED IN FOURTH SCHEDULE

1. For the words “every twenty dollars or fraCti0~1 part thereof
of the value of the property” substitute the words “evely two
dollars of the unimproved value of the propetty (that is to my
the unimproved value of land within the meaning of the Land
Valuation Act),’.

2. For the word “value” wherever it appears in the section substi-
tute the words “unimproved value”.

3. For the words “The value of any property under the value of
eighty dollars shall be taken to be forty dollars” substitute
the words ‘‘Wkere pursuant to an order made by the Minister
under subsection (2) of section 6 of the Land Valuation Act.
it is not necessary to determine the unim roved value of any

of such land shall be taken to be one hundred dollars”.
land of estimated low unimproved value, 8 e unimproved value