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The Irrigation and Reclaimed Lands Act.–1908.


(6) The accuracy of either or both of such lists:
(c) The fact that any lessee whose name appears on either or both

of such lists is improperly allowed to vote.

Effect of abolition and suspension. Ibid, s. 16.

45. (1) When the powers and functions of a Board are for any reason suspended, or the Board is abolished, the Governor may, by Proclamation, authorise the Commissioner to exercise all the powers, authorities, functions, and duties of the Board abolished, or whose functions are suspended, until such suspension ceases or a new Board is constituted, as the case may be.

(2) Thereupon all property, real and personal, and all obligations, authorities, immunities, rights, powers, privileges, functions, and duties vested in or imposed upon the Board, by any means whatsoever, shall be transferred to and vested in the Commissioner while the powers and functions of the Board are suspended, or until a new Board is constituted, as the case may be.

Property to vest in

Ibid, s. 17.

Failure of elections.

Ibid, s. 18.

46. Upon failure by the first members of the Board to prescribe regulations, as required by section 44 hereof, or when an election wholly or in part fails to be made as provided by this Act, or such election, being made, afterwards becomes wholly or in part void, the Governor may appoint the members and auditors of the Board required to be elected.

be inserted in Gazette.

Notice of election to

47. The Board shall, within forty-eight hours after the election be given to each person elected, and to of any member or auditor, cause to be delivered or posted to such

person a notice informing him of such election, and within fourteen Ibid, s. 19.

days of such election shall insert a notice thereof in the Gazette. Where Board fails to hold election, Justice

48. If the Board fails to proceed to an election for the space of or Special Magistrate twenty-one days from the day on which such election is required to hold the election.

by this Act to be held a Justice or Special Magistrate may, upon the Ibid, s. 20.

request in writing of three lessees of the irrigation area, do every act required to be done for holding such election.

Governor may appoint member at any time. Ibid, s. 34.

49. The Governor may appoint any new member to the Board in place of any member theretofore appointed by him.

Board to arrange elections.

Ibid, s. 35.

50. The members of the Board shall do all necessary acts, matters, and things prior to the date when their term of office will expire to obtain nominations for members and auditors, and if the nominations exceed the number of members or auditors required, shall cause, on the date when they retire from office, an election to be held to determine which of the persons nominated shall be the members and auditors for the next ensuing year.

Determination of office of elected member.

51. In the event of any vacancy occurring in the office of any elected member or auditor, a new member or auditor may be appointed to fill such vacancy by a majority of the members present at any meeting.

52. When

Ibid, s. 36.

The Irrigation and Reclaimed Lands Act.—1908.


DIVISION II. 52. When from any reason the business of a Board is not carried Governor may declare on, or the business and works connected with the irrigation area is offices vacant. neglected, the Governor may declare the offices of all the members Ibid, s. 37. vacant, and thereupon, by Proclamation, appoint new members of such Board, but such new members shall hold office only during such time as the members whose offices are so declared vacant would have held office.


Division 111. 53. Any Board may appoint all such officers to carry out the Board may appoint purposes of this Act as they think proper and necessary, and may Ibid, s. 21. pay such salaries and allowances as they deem reasonable.


54. No member of the Board shall hold any office to which the Member not to be Board has the power of appointment.

officer under Board.

I bid, s. 22. 55. No member of the Board or officer shall be concerned or Member or officer not

to be interested in interested in any contract made by the Board.


Ibid, s. 23. 56. Every person employed by the Board shall render to the Officer to render Board, within such time and manner as they direct, true and faithful accounts, in writing, of all moneys received or expended by him Ibid, c. 21. on account of the Board, and of all moneys due by any person to the Board, and on what account the same are due.


Division IV.-MEETINGS AND BUSINESS OF AN IRRIGATION BOARD. DIVISION IV. 57. The chairman shall have a casting as well as a deliberative vote. Vote of chairman.

Ibid, s. 26. 58. In the absence of the chairman from any meeting or part of Acting chairman may

be appointed. a meeting from any cause one of the members shall be elected by those present to be acting chairman during the absence of the chair. Ibid, s. 27.


59. (1) Ordinary meetings of the Board may be held after three Ordinary meetings. days' written notice thereof given to the members by the secretary, Ibid, s. 28. or if there is for the time no secretary, then by the person performing the duties of secretary.

(2) Any special or extraordinary meeting may be called by the Extraordinary chairman, or any two members, giving the like notice in writing thereof to the other members.

Ibid, s. 29.


60. Any three members of the Board shall form a quorum for Quorum. the transaction of business.

Ibid, s. 30. 61. (1) The Board shall cause a roll to be kept of all lessees holding Roll of lessees. lands within the irrigation area, setting forth the areas and positions Ibid, s. 31. of such lands. Subject to the provisions of section 44 hereof, such roll shall be the electors' roll for the purpose of all elections of members of the Board and of auditors.

(2) Such

PART IV. Division IV.

The Irrigation and Reclaimed Lands Act.—1908.

Alteration of roll.

Ibid, s. 32.

(2) Such roll may be altered or added to at any meeting of the Board, and a revised roll shall be compiled once at least in every year.

Division v.

Works and lands to
be vested in the

Division V.-GENERAL POWERS AND DUTIES OF A BOARD. 62. Upon a Board being constituted for any irrigation area, all roads, streets, commonage lands, and other reserves within the area. and all irrigation and public works and factories, with the plant appertaining thereto, and all improvements made or constructed by the Commissioner under the authority of this Act, shall, subject to the provisions of this Act, vest in and be under the control of the Board, with the exception of embankments and Government reserves and any works, buildings, or improvements on such reserves.

General powers of
Act 910, 1906,
8. 39, altered.

To make diains, &c.

To erect buildings, &c.

To break up soil, &c.

63. The Board, in addition to all other powers, shall have and and may exercise the following powers and authorities within the irrigation area :--1. To do all necessary acts, matters, and things for the making,

construction, improving, altering, cleansing, repairing, widening, deepening, diverting, or extending any channel, drain, or watercourse, or any bank or defence against

waters except an embankment: 11. To erect all necessary buildings, factories, bridges, irrigation

works, and machinery, roads, ways, wharves, docks, and jetties, and to maintain, alter, or discontinue the same: Subject as regards wharves, docks, and jetties to the approval of any Marine Board or Harbor Trust or other similar body having authority over the same under any

Act for the time being in force : 11. To break up, and, if necessary, remove the soil of any road,

way, bank, dam, or footpath : iv. To excavate and sink trenches for the purpose of laying

down, making, and constructing channels and drains: v. To cause channels and drains to communicate with any

stream or watercourse within or without the limits of the irrigation area: Provided that no opening through or under any embankment may be made without the

consent in writing of the Commissioner: vi. To enter by themselves or by their officers or agents upon

any lands within the irrigation area for the purpose of inspecting or removing any earth, stone, or clay therefrom, and of making, constructing, and diverting drains, channels, and watercourses, and of regulating the supply of water to any block, or to any person, or by any drain, channel, or watercourse, or for any of the purposes of

this Act: vi. To enter themselves, or by their officers or agents, upon any

lands or premises whereon or wherein it is proposed to

To excavate trenches.

To connect draias.

To remove earth, stone, and clay.

To dig or bore.


The Irrigation and Reclaimed Lands Act.—1908.

PART iv.

DIVISION v. execute any works, and on land adjacent thereto, and,

if necessary, to dig or bore therein: vili. To examine any weir, sluice, or floodgate within or without To examine and open

the area 'erected in or upon or adjacent to any river, sluices and floydgates.
stream, sea, inlet, or arm of the sea, lake, channel, water-
course, or other water; and, subject to the proviso to
subdivision v. of this section, to open or raise any
floodgate or sluice within or without the area for any

purpose whatever: ix. To use adjacent lands for making temporary roads or To use adjacent land.

approaches to any work: x. To do all acts, matters, and things, and execute and carry To execute all works

for the betterment of out works of any kind having for their object the better- the area. ment of the irrigation area, or to secure the health, comfort, or convenience of the lessees occupying lands

therein: xi. To levy rates on all ratable property in the irrigation area : To levy rates. xi. To raise special loans for irrigation works, and levy a to raise a loan by

special rate for making necessary tanks, channels, or special rate.
watercourses, or repairs thereto, or any other incidental

work: XUL. With the consent of the Commissioner, to borrow moneys in To borrow money

anticipation of its current revenue from any bank, by
way of overdraft, provided that such overdraft shall not

exceed in amount the income of the preceding year: xiv. To borrow money from the Commissioner for the general To borrow money

purposes of the Board out of funds at his disposal for sioner.

advances : xy. To enter into contracts for effecting the purposes of this To enter into con

Act: xvi. To regulate and control all drainage waters in the main To regulate waters.

channels and drains: xvi. To equip, manage, and conduct factories, and buy and sell To equip factories:

the produce of the irrigation area: xviii. To regulate the height at which water may or shall be main. To regulate height of

tained in any channel or drain.

from a bank.

from the Commis




64. (1) The Board shall have and exercise within the irrigation Board to have all the area all the duties, jurisdiction, powers, and anthorities imposed powers of a District upon

anil vested in a District Council under - The District Councils Act, 1887,” and any other Act for the time being in force in the said Ibid, s. 40, altered. State, and also all such duties, jurisdiction, powers, and authorities, not inconsistent with this Act, as are declared by Proclamation by the Governor.

(2) Ratepayers within the meaning of this Act shall have all the powers and privileges conferred upon ratepayers under “ The District


The Irrigation and Reclaimed Lands Act.—1908.


Councils Act, 1887,” and any other Act for the time being in force in the said State.


Incorporation of

65. (1) For the purposes of this Act, all the provisions of “ The Act No. 419 of 1887 District Councils Act, 1887,” and any Acts amending or substituted

therefor, which relate to-
(a) The jurisdiction, duties, powers, and authorities of District

Councils :
(6) The duties, powers, and privileges of councillors, and all

elective officers : (c) The appointment, dismissal, duties, powers, and privileges of

officers and servants appointed or employed by a Council: (d) Assessments, and appeals therefrom: (e) Rates and ratepayers: (f) Meetings and elections: (g) Income and expenditure:

(h) Evidence, procedure, and forms: but in so far only as such provisions are not inconsistent with or repugnant to this Act, are incorporated mutatis mutandis in this

Act. Interpretation of

(2) In particular the following words occurring in such incorincorporated pro- porated provisions shall, for the purposes of this Act, have the

meanings hereby assigned to them, namelyNew.

“ District ” means Irrigation Area:
“ District Council” means Board :
“ Councillor” or “ member of the Council

member of the Council ” means member of the
Board :
66 Owner" means lessee.

certain words in


Jurisdiction and
powers of District
Councils excluded.

66. No District Council shall have or exercise any power, jurisdiction, authority, or control within the irrigation area after the constitution of the Board.


Adjustment of 67. (1) If the land included in the irrigation area or any part property, rights, and of such land was prior to the constitution of the Board situate within

a District Council or Municipality (hereinafter in this section called “ local government area”), the property, rights, and liabilities of such local government area and of the council of such local government area (hereinafter called “ local authority ") which are vested in, appertain to, or are imposed upon such local government area or local authority by virtue or by reason or in respect of the said land or part shall, upon the constitution of the Board, devolve upon and become vested in, appertain to, and imposed upon the irrigation area and the Board.

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