CHAPTER 72:04
IRRIGATION

ARRANGEMENT OF SECTIONS

SECTION

PART I
PRELIMINARY PROVISIONS

   1.   Short title

   2.   Interpretation

PART II
NATIONAL IRRIGATION POLICY AND DEVELOPMENT STRATEGY

   3.   Policy to rank paramount

   4.   Publication and revision of Policy

PART III
ESTABLISHMENT OF THE MALAWI IRRIGATION BOARD

   5.   Establishment of the Malawi Irrigation Board

   6.   Composition of the Board

   7.   Tenure of office and vacancies

   8.   Allowances and expenses of members

   9.   Policy directions

   10.   Proceedings of the Board

   11.   Committees of the Board

   12.   Minutes of meetings

   13.   Disclosure of interests by members

   14.   Protection of members

   15.   Invited persons

   16.   Oath of secrecy

   17.   Prohibition of publication or disclosure of information by unauthorized persons

PART IV
FUNCTIONS AND POWERS OF THE BOARD

   18.   Functions of the Board

   19.   Powers of the Board

PART V
THE SECRETARIAT OF THE BOARD

   20.   Secretariat of the Board

   21.   Executive Secretary of the Board

   22.   Other employees

   23.   Disclosure of interests by employees, etc.

   24.   Functions of the Secretariat of the Board

PART VI
IRRIGATION FUND

   25.   Establishment of the Irrigation Fund

   26.   The Fund to vest in the Minister

   27.   Advances to the Fund

   28.   Objects of the Fund

   29.   Application of the Fund

   30.   Books and other records of accounts, audit and reports of the Fund

   31.   Holdings of the Fund

   32.   Financial year

   33.   Levy

PART VII
LOCAL COMMUNITY PARTICIPATION

   34.   Purpose of this Part

   35.   Irrigation management agreement

   36.   Minister may make rules

   37.   Incentives to farmers

   38.   Rectification order

PART VIII
REGISTRATION OF IRRIGATION CONSULTANTS

   39.   Restriction on engagement of irrigation consultants

   40.   Register

   41.   Qualification for registration as an irrigation consultant

   42.   Striking out

   43.   Unauthorized entry, etc., in the Register

   44.   Remuneration not recoverable by unregistered persons

PART IX
OFFENCES AND PENALTIES

   45.   Wilful damage, etc., of canals

   46.   Destructive practices

   47.   Setting or permitting fire

   48.   Encroachment prohibited

   49.   Applying prohibited chemicals and substances

PART X
MISCELLANEOUS PROVISIONS

   50.   Secrecy to be observed

   51.   Failure to comply with directives, etc.

   52.   General penalty

   53.   Appeals

   54.   Keeping of records

   55.   Regulations

      SCHEDULE

16 of 2001
G.N. 2/2013

An Act to make provision for the sustainable development and management of irrigation, protection of the environment from irrigation related degradations, establishment of the National Irrigation Board and for matters connected therewith or incidental thereto

[31ST JANUARY 2002]

PART I
PRELIMINARY PROVISIONS

1.   Short title

   This Act may be cited as the Irrigation Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   "Board" means the National Irrigation Board established under section 5;

   "Chairman" means the Chairman of the Board who is elected under section 6 (3);

   "committee" means a committee of the Board established under section 11;

   "drainage" means removal of excess surface and ground water from agricultural land;

   "existing Government smallholder irrigation scheme" means a smallholder irrigation scheme specified in the Schedule;

   "Executive Secretary" means the Executive Secretary of the Board who is appointed under section 21;

   "farm" includes garden, plot or any other agricultural holding;

   "farmer" means an owner or subsector of an agricultural holding or a tenant;

   "Fund" means the Irrigation Fund established under section 25;

   "immediate family member", in relation to any person, means that person's spouse, child, parent, brother, sister, grandchild or grand parent;

   "irrigation" means application of water, confined in time and space, enabling satisfaction of water requirements of a crop at a given time of its vegetative cycle or to bring the soil to the desired moisture level outside the vegetative cycle and, in the case of a field, includes one or more water applications per season;

   "irrigation consultant" means any person engaged to carry out civil works related to irrigation and drainage;

   "irrigation management authority" means any local community organization established for the purpose of promoting local participation in the development and management of irrigation and includes any irrigation scheme, club, cooperative or association;

   "irrigation scheme" means a systematic and orderly irrigation programme covering a defined area of land regardless of the type or system of irrigation employed;

   "member" means a member of the Board;

   "Policy" means National Irrigation Policy and Development Strategy;

   "public watercourse" means a public watercourse which is commonly used for irrigation; and

   "Register" means the register kept by the Board under section 40.

PART II
NATIONAL IRRIGATION POLICY AND DEVELOPMENT STRATEGY

3.   Policy to rank paramount

   Every public officer and any authority in Malawi exercising or performing powers, duties or functions in connexion with or concerning the commitment of the Government in development and management of irrigation in Malawi as declared in the National Irrigation Policy and Development Strategy (in this Act otherwise referred to as the "Policy") shall, in the exercise of his powers or the performance of his duties or functions, consider and treat the Policy as ranking paramount in the business of the Government and shall further consider it to be his paramount duty to act with all due diligence and dispatch in taking such action as is required or necessary to give effect to the Policy.

4.   Publication and revision of Policy

   (1) The Policy shall be published by the Minister for general distribution and copies of its publication shall be made freely available and without charge in and outside Malawi to bodies connected with irrigation.

   (2) Following any change in the Policy or following any legislative or statutory action or other action having similar effect taken by the Government in pursuance or in the implementation of the Policy, the Minister shall publish in the Gazette the changes.

PART III
ESTABLISHMENT OF THE MALAWI IRRIGATION BOARD

5.   Establishment of the Malawi Irrigation Board

   There is hereby established a Board to be known as the Malawi Irrigation Board (in this Act otherwise referred to as the "Board").

6.   Composition of the Board

   (1) The Board shall consist of—

   (a)   six persons, who shall be appointed by the Minister, at least four of whom shall be appointed from industry, academic, research and irrigation institutions;

   (b)   two local farmers who shall be appointed by the Minister from irrigation organizations; and

   (c)   the following ex officio members—

      (i)   the Secretary for Agriculture or his representative;

      (ii)   the Secretary for Lands or his representative;

      (iii)   the Secretary for Water Development or his representative; and

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