Malawi
Irrigation Act
Chapter 72:04
- Commenced on 31 January 2002
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
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
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
7. Tenure of office and vacancies
8. Allowances and expenses of members
9. Policy directions
The Board may, where necessary, seek the general direction of the Minister on the manner in which it is to carry out its duties under this Act.10. Proceedings of the Board
11. Committees of the Board
12. Minutes of meetings
The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of a committee.13. Disclosure of interest by members
14. Protection of members
No action, suit or other proceedings shall be brought or instituted personally against any member or a member of a committee in respect of any act done in good faith in the course of carrying out the provisions of this Act.15. Invited persons
16. Oath of secrecy
Every—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
Subject to the directions of the Minister, whether general or special, the Board shall have the power to do all such things as are incidental or conducive to the carrying out of its functions under this Act.Part V – The Secretariat of the Board
20. Secretariat of the Board
The Secretariat of the Board shall consist of the Executive Secretary and such other suitably qualified public officers as may be required for the proper administration of this Act.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
The Fund shall be vested in the Minister and, subject to this Act and the Finance and Audit Act, shall be administered in accordance with his directions.[Cap. 37:01]27. Advances to the Fund
If in any financial year the income of the Fund together with any surplus income brought forward from a previous year is insufficient to meet the actual or estimated liabilities of the Fund, the Minister responsible for finance may make advances to the Fund in order to meet the deficiency or any part thereof and such advances shall be made on such terms and conditions, whether as to repayment or otherwise, as the Minister responsible for finance may determine.28. Objects of the Fund
The objects for which the Fund is established shall be the development and management of irrigation and drainage.29. Application of the Fund
Without derogation from the generality of section 28, the Fund may be applied for the purposes of—30. Books and other records of accounts, audit and reports of the Fund
31. Holdings of the Fund
32. Financial year
The financial year of the Fund shall be the period of twelve months ending on 30th June in each year or on such other date as the Minister may specify by order published in the Gazette:Provided that the first financial year of the Fund may be a period shorter or longer than twelve months as the Minister shall determine, but in any case not longer than eighteen months.33. Levy
The Board may, from time to time, by order published in the Gazette, impose a levy.Part VII – Local community participation
34. Purpose of this Part
The purpose of this Part is to provide for local community participation in development and management of irrigation and drainage.35. Irrigation management agreement
36. Minister may make rules
37. Incentives to farmers
The Minister shall, on the recommendation of the Board and in consultation with the Minister responsible for finance, determine—38. Rectification order
Part IX – Registration of irrigation consultants
[Please note: numbering as in original.]39. Restriction on engagement of irrigation consultants
40. Register
The Board shall keep a Register in which the name of every person, immediately on his being accepted for registration by the Board, shall be registered, showing against his name such particulars as the Board shall from time to time deem necessary, and the Board shall enter into such Register all changes of registration particulars.41. Qualification for registration as an irrigation consultant
42. Striking out
The Board shall have power to strike out of the Register a name of a registered person who shall have been found guilty of unprofessional conduct as defined in regulations made under section 55.43. Unauthorized entry, etc., in the Register
Any person who, without the authority of the Board in that behalf, given generally or specially—44. Remuneration not recoverable by unregistered persons
A person who is not registered on the Register shall not be entitled to recover remuneration in respect of irrigation consultancy work done by him.Part IX – Offences and penalties
[Please note: numbering as in original.]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.
Any person who—52. General penalty
A person guilty of an offence for which no specific penalty is provided shall be liable to a fine of K60,000 or to an amount equivalent to the financial gain generated by the offence, if such amount be greater, and to imprisonment for three years.53. Appeals
54. Keeping of records
55. Regulations
History of this document
31 December 2014 this version
Consolidation
31 January 2002
Commenced