Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698068269579.pdf (Guyana)
\� RICE FARMERS (SECURITY OF TENURE) ODINANCE, 1956.

ORDINANCE NO.

;:n OF 1956.

I assent.

').

-.

,l e-v--,:.,.

,A.,, - .,.

Governor 1'1 · September, 1956 .

BRI'fJSH GUIANA.

ARRANGEMENT OF SECTIONS .Section of rice lands.

.

1. of te1,1-:u· 1.

Short title 2.

Interprctati0!

3.

Security 4.

Zones; basic rent.

5.

Implied 6.

Specified condition.

7.

Keeping of n�gisii 8.

Estabh!

:;hment 9.

Meetings er c: t i�nancici;, of assess1," 11t c:ommittees.

of assessment committees.


conclii:iom, in agreement cf tenancy.

No.

31] THE L.4.

WS OF BRITISH GUIANA.

[A.D. 1956, 2 10.

Appointment of officers, servants and expenses to members of assessment and payment of allowances committees.

of maxunum rent.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22. .

. }

Powe�-s �nd �uties of �ommittees.

Apphcat10n t::ir ascertainment Evidence Heari.ng Inspectfon Fixing and certifying or his agent.

costs.

on application.

, .

of application of holding.


Witness Record of committee's decision.

Effective Effective Re-opening Cancellation date of certificate .

date of first certificate of investigation.

of certificate of landlord expenses; obtained -:·-,.

Certificate of maximum rent.

by fraud, misrepresentation I ·J I maximum rent in -the absence of evidence or collusion.

.

23.

24.

25.

26.

27.

28.

29.

30. to basic rent additions Permitted Issue of new certificate Effect of certificate.
Appeal from assessment Statement Termination Application Adjournment of tenancy Ear termination of hearing by tenant.

order.

as to basic rent and maximum rent to be supplied.

committees.

ij � of tenancy by landlord .

of cipf>lica.tion; stay of execution of time to reap crop.

31.

32.

33.

34.

35.

36.

37.

38.

Tenant to be granted Compensation.

Sub-tenancy to continue possession .

Termination -of tenancy Sub-1etting of holding.

Transfer of a,greement Bequest of agreement Certific of tenancy.
of 1tenancy.

ment or goo<l husbandry.

by mutual consent.

ate of non-observance of rules of good estate manage- nothwithstanding oroer, etc.

for 39.

40.

41.

42.

Re-illlocation Resumption Reduction Tenant desiring of lands by landlord.

:Jf lands by landlord.

of size of holdinl!

bv lancUord.

to secure �additional land for cultivat io.ri,' of 43.

44.

45•.

pa<ldy.

Orders obtained Service of notices Irrigation be subject under section .

39 or 40. water supplied to separate by landlord contract.
by mecha1?1'i.cal means to - .

,· 46.

47.

48.

49.

50.

51.

52.

53.

54. out of Ordinance.

of agreements, Agents of landlords.

Valldity etc.

Contracting Extent of damages Restriction Procedure.

Recovery Limitation Protection of comipensation of prosecutions of persons on premiums.

actinr: and damages.

.

under Ordinance.

and penal·cies recoverable, A.D. 1956]RICE FARMERS (SECURITY OF TENURE) [No.

31 3 --------------------------------------------------------------------------------------- .
55.

56.

57.

58.

59.

60.

61.

Regulations Right of tenant to keep oxen on his holding.

Landlord to keep cattle savings General of rights.

Duration of Ordinance.

Repeal.

Commencement.

on holding by agreement.

FIRST SCHEDULE SECOND SCHEDULE 'THIRD SCHEDULE }?OURTH SCHEDULE FU'TH SCHEDULE AN ORDINANCE to provide better security of tenure for tenant rice farmers; and for purf:Oses connected to limit the rent payable for the letting of rice lands; aforesaid.
with the matters of British Enacted by the Legislature 1.This Ordinance 1956. ity of Tenure) Ordinance, Guiana:- may be cited as the Rice Farmers (Secur-Short title.

A.D. 1956.
2.In this Ordinance "agent" means a landlord or collects half of the landlord person who lets rice lands on behalf of a of rice lands on be- in writing rent in respect or is authorised unless the context otherwise requires tion so i;o do; - Interpreta­ ''agreement of tenancy" or "agreement" means a letting of or agreement "agricultural for letting superintendent" rice lands; means the officer appointed as such in any area or district cludes the assistant committee" agricultural or "comn1ittee" of the Colony and in­ superintendent; 1neans an assess­ 11assessn1ent ment committee section holding 8 of this Ordinance in question is situate; constituted for the area in which the under the provisions of J ◄ "basic rent" shall have the meaning assigned to it by s<?c­ tion 4 of this Ordinance; "chairman" mittee; means the chairman of an assessment com­ "clay soil" means soil which on a mechanical not less than 20 per cent clay; contains anD1vsis • \ No.
31] 4 Cap.

56. f THE LAWS OF BRI'l'ISH GUIANA.

[A.D. 1956.
"district commissioner" in charge of a district the District assistant district Government Ordinance commissioner; ' - means the commissioner appointed and established declared under the and includes "estate charges" means any expenses incurred lord, other than those referred (b)and (c) of section provement out for the purpose and maintenance pa-ddy; of cultivating in the im­ 23 of this Ordinance, of any holding carried to in paragraphs by a land­ (a) ' "holding" "landlord'' to receive lands and includes ministrators, of a landlord; means any rice land held by a tenant; means any person for the time being entitled the rent or to take possession of any rice assignees, legatee a sub-landlord, the executors, ad­ in insolvency or trustee .. "maximum rent" means the sum obtained by the additi0n to the basic rent of any holding ance applies of this Ordinance.
of the increases to which this Ordin­ under section permitted 23 "pegasse soil" means soil which contains 2.907 per cent of organic per cent of organic ratio of the organic carbon (corresponding and the carbon: matter), matter is not less than 10: 1; il� nitrogen "rice land" means any land which is let or agreed to be not less than to 5.0 which is used at the time of letting of paddy according let the subject of an agreement of tenancy either wholly or mainly for the cultivation paddy, such land being cultivation standards of any estate any person claiming for the cultivation is let for the cultivation not more than six dollars of fit for the to normal agricultural any land forming of any crop other than paddy, and of I part which is being used by the owner (or title through the owner) mainly ,.. but does not include of paddy at an annual �·ental per acre; "rules of good estate management" means, so far as is practicable, of the rice lands - having regard to the character and position (a)the erection and maintenance of essential struc­ tures, and the tenance and of dams, canals, construction, clearing and main­ drains and koker runs; (b)where the lands are within a Drainage or Irriga­ tion a_rea or w�th�n �ny other area affected by or a dramage or irrigation scheme , by Government, maintained the execution works as may be required tenants which it is reasonably and obtain all the drainage and maintenance to ensure that the possible established or a local authority for them to obtain· of such furthe; and irriaation A,D.
1956] RICE FARMERS (SECURITY OF TENURE) - [No.
31 5 (c)the provision of dams, canals and drains and which for the use of tenants essential structures should be kept clean and in good order to the satisfaction of the assessment of the committee area in which such dams, canals and drains and essential the making of such tenants; of to be given to the structures and are situate, notification provision (d)such rules as are generally to be necessary for good estate management; recognised "rules of good husbandry" means, so far as practicable, having regard to the character ing - and position of the hold­ (a)the maintenance and foot of beds, and meres thereon free from bush and other obstacles; of the land, parapets, bed-heads clean and (b)the abstention from throwing grass or othE.r ob­ stacles the holding; into the trenches abutting recognise d to be "tenancy" "tenant" necessary includes (c)such rules as are generRlly for good husbandry; sub-tenancy; a sub-tenant or legatee includes istrator, transferee or other person deriving tenant; and the executor, of a tenant or sub-tenant admin­ title from a tenant or sub­ "toxic soil" means soil which contains either more than 1,000 parts per million or more than 2,000 parts per million parts of water or combination soluble sulphate parts of exchangeable of both; aluminium, "a year" means the twelve calendar months com­ mencing on the first day of May; and "annual" be construed accordingly.
shall <, ,,r in any law or in any agreement Security 1,mure cf of rice lands to the contrary notwithstandin� rte\!

lc:nds.

3.Anything the letting agreement of tenancy, to be an agreement of tenancy from year to year and n,) such agreement, whether made before or after the commencement this Ordinance, tenant, of every oral, shall be deemed except as in this Ordinance whether written or shall be terminated of or by the by the landlord in �·espcct o!

provided.
provided.

of this Ordinance hed certain zones numbered 4.

(1) For the purposes there shall be in the in the manner indicated the areas in the second column of the said schedule, rice lands in those areas establis first column of the first schedule hereto comprised of of land described the basic rent chargeable shall as from the 1st day amount set out in the third, schedule: in respect of of May, 1956, not exceed the appropdate fourth and fifth columns of the said 7.ont,s.

Basi� rent.

Eirst s�hedul.e.


and Provided of land intended that where a contract of tenancy has been entered to be used for the cultivation and made fit for the cultivation into in respect paddy, but not yet cleared paddy according chargeable in resp,ect of such land shall as from the 1st day of May, 1956, not exceed such rate p,er acre during the first five years after the commencement to normal agricultural of the tenancy as may from time standards, the basic rent of of ' '.No.
31] THE LA.WS OF BR.ITTSH GUIANA.

[A.D. 1956.

6 to time be fixed by the assessmen tion of either the landlord t committee upon the applica­ or the tenant.

in Council from any of the matters may from time to time by the set out in (2)The Governor Order vary, add to or delete first schedule lmp1';,.

:1 con- "iti�; 1; in agreement ct following tenanC'y.

hereto.

5.

(1) In every agreement conditions shall be implied- of tenancy under this Ordinance the � Second schedule.
(a)the tenancy shall be a tenancy from year to year commencing from the 1st day of May; (b)the rent shall be an annual rent and shall be paid by the tenant not later than the 31st day of December in each year; I (c)the landlord in writing prescribed ance; shall issue to the tenant a receipt for the payment of rent in the form in the second schedule to this Ordin­ ,._, (d)the landlord notice to quit or otherwise ancy except as in this Ordinance shall not evict a tenant or give him terminate the ten­ provided; the tenancy ex­ (e)the tenant shall not terminate cept as in this Ordinance provided.
at the premises (2)In lieu of payment in cash of the annual rent a tenant or, by mutual agree­ d and the tenant at a r-ice factory, paddy shall accept such may deliver ment between the lat1dlor to the value of the rent due and the landlord paddy in full settlement in accordance with the provisions (1)of this section: of t'he landlord of paragraph and issue to the tenant a receipt thereof (c) of subsection Provided that a landlord may refuse to accept .in lieu of of payment of rent in cash any paddy the standard which is not at least equal to the minimum standard for which there is then in force a stated minimum price deter- Board under section mined and fixed by the Rice Marketinfl of the Rice Marketing of quality ..
Ordinance.

of quality 15 (3)For the p1urpose of settlement and tenant the value of paddy delivered of rent as between � and accepted on the (2) of this section shall be computed minimum price for paddy of the same stand­ sold and delivered by a rice farmer to a purchaser and fixed by the Rice Marketing Board under section landlord under subsection basis of the current ard of quality determined 15 of the Rice Marketing 6.

(1) A condition whereby a tenant undertakes Ordinance .
that all or some of the paddy grown upon the holdin� be milled at :a mill owned, controlled or be sold to the landlord hereinafter Prov1ded be a condition that a specified in, an agreement to as "a specified condition": shall not form part of, or or to a person designated or specified of tenancy.
condition referred by the landlord by him is (2)On or after the commencement of this Ordinance a specified condition shall be of no force and effect unless- or agrees shall either (a)it is in writing and signed by both the landlord and the tenant and delivered or transmitted Cap.

2-19.

Cap.

�49.

Specified r.ondltion.

7 AD.
19-56] RICE FA.RMERS (SECURITY OF TENURE) [No 31 ------ • I � w with two copies then'!of missioner is situate; of the district in to the ,district com­ which the holding given by the tenant was in of the loan of money made to and is ex­ by the landlord (b)the undertaking consideration him at his request pressed of assisting paddy; to have been so made for the purpose him to plant, cultivate or reap his (c)the milling fee to be charged in respect of each bag of rice is stated condition a mill owned, controlled landlord; is that the paddy shall be milled at by the in cases where the specified or specified (d)the amount of the loan tog,ether with the rate of interest (e)the conditions of repayment of the said loan (if any) on the said loan is stated; together (3)Where interest with interest is charged (,if any) are stated.
in respect of a loan made under the provisions section, the rate of per annum.

such interest by the landlord (2) of this of subsection shall not exceed 12 per centum (4)The district commissioner receipt of the shall on referred to in paragraph original document (a)of subsection set out in the third schedule the original landlord and two copies endorse (2) of this section to this Ordinance to be filed in his office and one and the other to the tenant.
thereof them in the manner and shall cause Thid copy to be given to the Schedule.

7.

(1) It shall be the duty of a landlord to keep an annual Keeping c,f (hereinafter called t'he annual register register the form prescriibed wherein he shall record all agreements bequests and determination in the fourth schedule of all agreements shall make the register (2)A landlord of tenancies) e� ot ies.

to this Ordinance, F:::;� in rgi st transfers, Schedule.

of tenancy, of tenancy.


of tenancies avail­ or by any person able for inspection authorised by the district commissioner in that behalf by the district in writing commissioner.

(3)Where a landlord under this section, as is required to date, or fails to produce the register 1..mder and shall be liable upon conviction hundred dollars.
this Ordinance, fails to keep a register of tenancies up or fails to keep such register so to do when requested a summary offence, one to a fine not exceeding he shall be guilty of (4)Every person who wilfully or any person authorised acting under the provisions missioner section acting in their aid shall be guilty of a summary offence and upon conviction one thereof hundred dollars.
shall be liable to a fine not exceeding obstructs under subsection of this section a district (2) of this or any person com­ 8.(J.)

The Governor may establish as many assessment of this Ordinance, thinks fit and shall specify in relation in regard to which it may exercise duties imposed by this Ordinance.

for the purposes as he committees the area conferred to each committee the powers and Establl3h­ ment of asszss1nP.11t commlttees.

No.

31] THE LAWS OF BRITISH GUIANA.


[A.D. 1956. ti (2)Each committee shall be appointed by the Governor and shall consist of- (a)a chairman (b)three persons service of the Colony; who shall be a magistrate; who are members of the public (c)one person who is a landlord of which the committee of rice lands in the is ap­ area in respect pointed; (,d) one person who is a tenant of rice lands in the is area in respect of which the committee appointed.
provisions of period, but shall be eligible (3)Each member of each committee (5) of this section, two years, as the Governor for re-appointment.

not exceeding subsection to the subject shall, hold office for such may determine, (4)The Governor may appoint of the chairman or any other member of the committee of the absence or inability to act of the chairman of a committee or other member.
other than a Government to the Governor under his hand addressed (5)Any member any person to act in place in case officer may by writing at any time resign his office.

(6)The Governor member of a committee .

to any may grant leave of absence (7) The Governor may at any time revoke the app:>int­ ment of any member of a committee.

(8)The appointment, removal, from death, departure shall be of any member of a committee the Colony or resignation notified in the Gazette.

9.
9.

(1) Each assessment committee shall meet so often, at such time and at such place as the chairman (2)Three members of a committee, may deem expedient.

including the chair­ man or acting chairman shall form a quorum.

(3) A committee may act notwithstanding any vacancy among the members therecf.

( 4)All matters of votes.

jority man or the acting chairman vote.


and questions shall be decided by a ma­ In any case in which the voting is equal the chair­ shall have an original and a casting (5)A member of an assessment committee from membership qualified any matter in which he is personally a company so interested, in its affairs, or company.
or if he is the servant if he is directly of that committee shall be dis­ for the hearing of or in the case of or indirectly or agent of any such person interested, interested (6)For the purpose of securing the attendance of any shall have power to issue summonses witness, every committee the form 3 in the schedule Debt) Ordinance ,provisions rnutand.is in to the Summary Jurisdiction (Pettv to any adaptation of section apply to any person served with such a summons.
necessary Ordinance shall mutatis 15 of the aforesaid , subject , �md the glects summons or fails to answer any question (7)Any person who without lawful excuse fails or ne­ to any in obedience to attend any meeting of a committee to the subject· material Meetings of assess• ment com­ mittees.

C'ap.

16.

9 AD.

1956] RICE FARMERS (SECURITY OF TENURE) [No.


31 of the investigation thereof quired by by the committe or to produce any the committee, shall be guilty put to him by the committee document, or to supply any information production required or any member of which is re­ of a summary offence and shall, be liable to a fine not exceeding one • on conviction thereof, hundred dollars.
(8)Any person who wilfully gives a false answer to any of investigation material to the subject question put to him during the cour:,e of any proceedings before mittee shall be guilty viction ing twelve months, or to both such imprisonment (9)The chairman to imprisonment or to a fine not exceeding which may be a com- on con­ of a summary offence and shall, for a period not exceed- of each committee thereof, be liable five hundred dollars, and fine.
to be kept a record of all proceedings taken and of the decision tee and of the evidence the committee and of the names of the members taking proceedi brought ngs.

arrived a t by part in the (10)Subject to the provisions Ordinance of this Ordinance , each committee and, of any shall have regulations pc,wer to regulate made under t'his its own proceedings.
shall keep or cause before the commit­ committee may, with the approval of the at such remuneration and on such or employ, 10.An asse·ssment appoint Governor, terms and conditions or specially erally be deemed necessary visions committee generally such allowances or specially of this Ordinance, approve.
as the Governor may either gen­ as may such officers and servants for the proper carrying out of the pro­ and may pay to the members of the as the Governor and expenses Appointment of officers, servants and payment of allow­ ances and expenses to members of assess­ ment com­ mittees.

determine, may 11.Upon the filing of any application under this Ordinance a committee it is appointed shall have in relation the following powers and duties:- to the area in resoect of which Powers and duties of Committees.
j (a)to assess, fix and certify the maximum rent to be paid and received to which this Ordinance in respect applies; of any holding (b)if the landlord and the tenant of a holding to applies are unable to which this Ordinance agree as to the amount of compensation paid under the provisions the application of either the amount of such compensation of this Ordinance, of them.
to determine to be paid· to be on fix and certify (c)to assess, as damages observance management estate to which this Ordinance by a landlord of any of the conditions the amount to be paid to his tenant for non­ of good to any holclin•1 in respect applies; (d)to grant certificates of non-observance of rules 5 of good estate management bandry; or of good hus­ (e)to gr_ant leave to landlords (f)to grant leave to landlords holdmgs; to resume pos- to re-allocate 1heir No.
31] ---------------------------------------------------------------------------------------------------------- THE L..4.WS OF BRITISH GUIANA.

[AD.

1956 .
10 .• session of rice lands in order that the land may be used for any purpose other than tivation of paddy; (g) to grant leave to landlords to reduce the size for the cul­ of his tenant's holding (h)to hear and determine ; an application towhich this Ordinance for the recovery applies; of a holding (i)to hear applications (j) to grant leave to a tenant to serve a landlord for the transfor ancies; of ten­ notice under the provisions 42 of this Ordinance; section of subsection I (1) of (k)any other power or duty conferred by this Or- dinance or under any other Ordinance; 1( (1)any power or duty incidental to the carrying out of any such power and duties.
Application for ascer­ tainment ot maximum rent.

12.

(1) Any tenant, applies this Ordinance for the area in which the holding rent of the holding or any landlord, may make application is situate , fixed and certified.
assessed of any holding to have the maximum to which to the committee (2) When an application (1) of the committee shall cause notice of the date, time and this section, place fixed for the application to be given, by registered post, to the tenant and to the landlord: of the investigation is made under subsection holding of the Provided the committee under this subsection the agent of the landlord.
that where the application may, if it thinks fit direct that the notice required is made by the tenant, to be given to the landlord shall be given to for the hold­ (3) Where on the day and at the time fixed or the tenant the case may be, appear, and shall, ing of the investigation and the agent of the landlord, as committee such purpose, postponements the to hold the investigation for ts and direct such adjournmen the tenant and the landlord, as it may from time to time think proper.
under subsection have the power to (4) Where notice shall proceed by the tenant and the landlord, (2) of this section or hy the tenant has been received and the agent of the landlord, or the landlord time fixed for the holding proceed as the committee with the holding thinks fit.
or his agent, fails to appear on the date and at the as the case may be, and the tenant, of the investigation, of the investigation, the committee or mny postpone may it (5) Where notice under subsection been received that no notice under subsection or his agent, proceed by the tenant, the committee (2) was received with the holding of the investi�ation- (2) of this sectio-:1 has may, notwithstanding by the landlord (a)where delivery (2) of this section or his agent, was refused as the case may be; or of the notice under subsection by the landlord (b)where the address in the Colony of the land­ lord and the address (if any) are not known to the tenant and can- in the Colony of the agent 11 AD.
1956] RICE FARMERS ( SECURITY OF TENURE) --------------------------------------------------------------------------- [No.

31 Evidence on application.

not be ascertained by the committee; or than h1 elsewhere (c)where the landlord resides the Colony.

13.

(1) The landlord duce documents right to cross-examine witness.
and call witnesses, the landlord or his agent may give evidence, pro­ and the tenant shall have the or his agent or any such (2)The tenant may give evidence, produce documents and the landlord or his agent shall have the and-call witnesses, right to cross-examine the tenant or any such witness.
the landlord, (3)The committee or any other person to give evidence ing all the relevant tenant shall have the right to cross-examine and the landlord may require for the purpose facts, or his agent, and the the tenant, of ascertain­ any such witness.

(4)Subject to the provisions given before a committee all oral evidence an application Ordinance shall be given upon oath, and the chairman chairman of the committee is hereby authorised such oath.
made under subsection (1) of section of the Evidence Ordinance, Cap.

25. on the investigation of 12 af this or the acting to administer .

, 'i 14.

(1) The proceedings at every investi mittee for the purpose of ascertaining rent shall be open to the public.

(2)The landlord party may be represented solicitor of the Supreme Court.

and the tenant and any other interested before the committee by a barrister or gation by the com­ Hearing of application.
and fixing the maximum (3)The landlord may be represented before the com­ mittee by his agent.
( 4)The committee may any re­ take into consideration levant facts which were found to be proved in some investiga tion , notwithstanding under section of formal proof of such facts: 12 of this Ordinance the absence Provided that before any such facts are taken into considera­ .. the party or parties present before the tion by the committee committee shall be informed the of such facts, committee shall make or cause to be made a note of all such rele­ vant facts, and the party or parties opportunity, regard thereto.
shall be given an in if he or they so desire, of the substance of adducing present evidence 15.Where an application under subsection has been made the committee of this Ordinance tenant to p1ermit the committee necessary, the purpose record or cause to be recorded of inspecting the holding the landlord to grant the committee (1) of section 12 may require the and, where access thereto, for and the committe� shall the results of such inspection.
to enter the holding Inspection of holding, 16.A committee may- (a)where the landlord or his agent fails without reasonable cause to attend before the com­ mittee on the date and at the time and place fixed in the notice given under subsection (2) of section 12 of this Ordinance the landlord by or his agent, or on any date on and received Fixing aucl certifying maximum rent in the absence of evldenoe of landlord his agent.

or l� ; No.

31] THE LAWS OF BRITISH GUIANA.

[AD.

HJ56.
l::l which the holding adjourned (b)where the or postponed, landlord or_ of the investigation may be �r his a$ent d�clmes to or declmes to give evidence give evidence, any point which in the opinion of the com­ mittee is relevant ( c)where the landlord to the investigation, or his agent is for any rea­ son unable to prove any fact required to be proved for the purpose of ascertaining or fix­ ing the maximum rent, or or on (d)where the investigation is held under subsec- tion (5) of section 12 of this Ordinance, a maximum rent, in respect of the holding 12 relates under sub-section (1) of section of this Ordinance.
with the provisions may direct shall be paid by such of the parties that no such direction by or on behalf of the that out of pocket expenses as he thinks fit: shall be given in the case of fix and certify assess, to which an application in accordance Witness expenses.

Costs.

of any witness Provided 17.

(1) The chairman called a witness rent fixed on the application than the rent actually of the tenant is the same as, or greater paid by the tenant before the investigation.
tenant where the maximum (2) Except as no costs shall be awarded to any party, to any witness, to an investigation provided in subsection (1) of this section, and no fee shall be allowed under this section.

18.Where the committee Record of ���;:��•:e'3 fixed the maximum rent of any holding, certificate maximum rent.
( a)cause to be recorded, filed 's decision· for the committee has ascertained, the chairman assessed and and preserved shall-- the of (b) · ' t'f· t f th reasons cause a cer i ica e o e maximum rent, one for the landlord is a party to the application (1)of section pleted in the form prescribed made under this Ordinance; and one for every tenant who 12 of this Ordinance under subsection to be com­ by regulations and (c)sign such certificate; (d)issue the certificate by causing post to the landlord it to be sent by and to each ten­ registered ant who was a party to the application.
of section to the provisions 20 of this Ordinance of section 18 of tbi� issued under the provisions shall come into force on the date of the certificate or in the certificate.

Effective date of certifica �z.

19.Subject a certificate Ordinance on such date as may be specified 20.The first certificate Effective date 0r first certificate.
18 of this Ordinance 1956, or on such later date as may be specified issued under the provision s of section shall come into force on the 1st day of 1\/Iay, in the certificate.

· · 21.Where a certificate .

Re-ope,lmg tl · o_f invest;ga-· 1e provis1�ns ?

s�ct10n_ .

o t is Ordmance, tion.


on tJ:te app_hca�10n m wntmg of _the landlord of the maximum rent is issued under the committee may, or his agent re-open �he m_ves�igat10n, and the maximum rent, if varied on 'such re­ mv�st1gat10n, 19 of this Ordmance.

shall have effect as provided f · 18 f h' in section I ' / j 1 \ AD.

1956] RICE FARMERS (SECURITY OF TENURE) [No.

31 ------ 13 22.
31 ------ 13 22.

Any certificate section issued under the provisions of 18 Cancell:ition of this Ordinance may upon the application celled by fraud misrepresentation where the certificate · by the committee or collusion ' of the tenant be can-�!t;e��:1 tamed b_y has been obtained fraud, mis- representa- tion or col­ lusion.

- 23.
(1) Subject to the provisions amounts may be added to the basic rent per acre payable of this Ordinance, the Par!n_itt t��i1� ed 1 ���1/ 0 on or after the 1st day of May, 1956:- following by a tenant in respect to the amount per Dcre (a)an' amount equivalent of the hold­ payable by the landlord ing by way of rates under any Ordinance viding for local government, centum of such latter (b)an amount equivalent by the landlord amount; to the amount per &ere payable ing by way of rates under the Drainage and Irrigation such latter Ordinance, amount; plus five pet' ,.entum in respect plus five per of ·Lhe hold- pro­ in respect or the Boerasirie to the amount per acre of the hold­ (c)an amount equivalent payable by the landlord ing by way of rates under the Water Conser- vancy Ordinance dinance, amount; and (d)an amount if any charges which shall not exceed the app,ropriate amount set out in the fifth schedule in Council in the fifth schedule may from time to time vary of estate in respect to this Ordinance.
becomes liable plus five per centum of such fatter Cap.

21.3.

Creek Or-Cap.

2::1. of Cap.

rn2.

to this Ordinance.

e. 1 1 �i{u, c ,cc u (2)The Governor the rates prescribed to Issue_of.l!ew certifwu,('.

24.

(1) Where the maximum rent payable by virtue of the operation variation an application may be made to the assessment landlord section of section 23 of this Ordinance by the under committee or the tenant for the issue of a new certificate 18 of this Ordinance.
(2)Subject the procedure to the provisions in the case of an investigation (1) of this section of subsection shall, as in the case of an application miitatis under section (3) of this of an applica­ mutandis 12 of this section tion under subsection be the same Ordinance.

(3)In the case of an investigation of an application under subsection sideration, previous same ho1ding.
(1) of this section, without investigat further the committee proof any evidence may take into con­ recorded at any in relation to the ion held under this Ordinance 25.

(1) A cerlificate issued by a committee under section 18 Effect d in all courts of law and certifi<:.ite.
shall, or under section - before every assessment 24 of this Ordinance committee (a)be conclusive and the tenant who were parties gation; evidence as between the landlord to the investi­ (b)be conclusive evidence notwithstanding any j J• .. � t No.

31] -------------------------------- THE I...4.v\-'S OF' BRITISH GUIANA.

[A.D. 1956.
[A.D. 1956.

14 change of landlord, who was a party to the investigation; for or against and the tenant (c)be prima facie evidence in all other cases, that the maximum rent of the premises therein.
cate is as stated described in the certifi­ (2)Payment of the maximum rent stated notwithstanding but where, on such appeal, may be enforced in the certificate ficate of this Ordinance, rent stated ought to have been so stated, to pay the difference liable case may be, and such difference or tenant to the landlord as the case may be.
to the landlord may be recovered shall be or the tenant as the as a debt due is less or more than the rent which the tenant or the landlord in such certi­ an appeal under section it is decided 26 that the Appe:il :Cr:im assessment committees 26.
(1) Any landlord or any tenant who is dissatisfied with a decision of an assessment other than where such decision final, and subject may appeal therefrom to the conditions committee is in this Ordinance under this Ordinance, to be stated to the Supreme Court in the manner hereinafter provided.
(2)An appellant shall, within twenty-one days after the date of the receipt 18 of this Ordinance section ment or order in any other case - by him of the certificate sent to him under or within a like period after the judg­ (a)pay to the clerk of court for the Judicial of the on account is situate where the holding Accountant General the sum of two dollars; District (b)lodge with the chairman notice for foe of appeal and the receipt written sum paid to the clerk of court under paragraph (a)of this subsection; (c)send by registered post a copy 0£ such written of the committee (3)Where the appellant notice of appeal to the opposite has complied party.
ments of paragraph the time therein within twenty-one lodged with him, transmit (b) of subsection the chairman specified, days after the written to the Registrar (a)one copy of t'he evidence (2) of this section with the require­ within shall of the committee notice of appeal wa� of the Supreme Court-- recorded under the provisions ticated committee; of this Ordinance, and duly authen­ by the signature of the of the c:hainnan (b)two copies of the certificates issued by the chairman (c)one copy of the reasons duly authenticated for decision by his signature; duly authen­ ticated (d)the original receipt by the signature of the chairman; with the of appeal together notice lodged with him.
shall cause notice 0£ the day and hour post of the appeal to be sent, by registered ' (4)The Registrar and the opposite (5)Every appeal under this section party.

shall be heard by a fixed .for the hearing to the appellant Judge of the Supreme ComL sitting in Chambers power - who shall have (a)to order that evidence be adduced before him 15 .A.D.
1956] RICE FARMERS (SECUR.I'I'Y ----------------------------------------------------- ----------------------------- ------------------ ------------------------- --------------------------------- OF TENURE) [No.

31 --------------------------- purpose; .


(b)to refer the matter to the assessment ion subject on a day to be fixed for that committee to such of law, if any, as the Judge thinks fit to make a fresh investigat direction to give; ( c)to affirm, increase or decrease the maximum rent; ( d)to affirm, vary or reverse the order or decision of the assessment committee.
(6)Where upon appeal the maximum rent or decreased is either in­ by the Judge shall the rent as determined as from the date on which the certificate of the creased become effective committee took effect.

(7) The decision (8)(a) Such decision of the Judge shall be final.
shall, in the case of an appeal brought from the decision of a committee 18 of this Ordinance, be endorsed section back of the certificates of the decision ticated with the date together of the Judge and shall be authen­ by the signatur e of the Registrar.

under on the (b)The Registrar the committee dorsed and authentic paragraph (9)It shall not be necessary shall transmit to the chairman one copy of the certificate ated in accordance of en­ with (b) of this subsection.

to draw up or enter a formal order.


(10)Except as provided in paragraph no fees shall be charged in respect (a) of subsection of an appeal (2) of this under this section.

section, (11)In an appeal under this section, the award of costs, if any, and the amount of any such award shall be in the discretion of the Judge hearing the appeal.

i i } ;, 'f ."

27.
i i } ;, 'f ."

27.

(1) The landlord of any holding to which this Ordinance comes into operation shall within thirty days from the date on which this supply the tenant with a state­ npplies Ordinance ment in writ,:ng thereto as the rent payable ,in respect landlord calendar of the rent so claimed for the next ensuing year of of the basic rent together 23 of this Ordinance shall, not la.ter year, supply the tenant with such a statement the than the 30th day of April, in.

each of the holding,.


by the landlord Thereafter, under section with the additions in respect the tenancy.

claimed Statement as to basic rent and maxi­ mum rent to be supplied.
(2)Any such landlord ,,,ho -- ( a) without reasonable excuse fails to con1ply in any year with the provisions of subsecti'on (1) of therein; or this section which is fals0 in any (b)supplies material f ence and slwll on conviction a statement particular, within the time specified shall be guilty of a summary of .thereof, be liable to a fine not exceeding (3)Payment of the rent claimed by the landlord in a fifty dollars.
supplied statement (1)of this sect,fon may 1be en.forced respect in accordance of which there is not then in force any certificate as the rent of a holding in issued by with the provisions of subsection ' No.

31] THE LA.WS OF BRI7'1SH GUIANA.
[A.D. 1956. l{j 13 or section fixed and certifie of section any ap1Plication 24 of this by the tenant under to have the maximum 12 or sect,ion 24 of this Ordinance assessed, a committee under the provisions Ordinance, notwithstanding section rent of the holdi'ng any such case, upon the hearing of an application under section the maximum rent stated in the certificate issued under either of such sections or more than the rent claimed as afore­ mid and pai'd by the tenant, the shall be liable as the case may be, and such difference debt due to the tenant or the landlord 24 of this Ordinance, may be recovered to pay the differenc 18 or section as the case may be.
'd; but where, in landlord or the tenant is less e to the tenant or the landlord as a \ 1 Termination of tenancy by lc!lant.

28.A tenant may terminate his agreement celating ._.

(J of tenancy not less than six months day of April in any year.

to rice land by giving to the landlord notice on the thirtieth in writing expiring Application 29.

(1) A landlord for termina-for the possession tion �f ten- of any holding m::1.y apply to the assessment commit�ee to which this Ordinance applies.
(2) No order or judgment for the recovery of possession f��X1or�.
of any holding to which this Ordinance applies, or for the eject­ ment of a tenant therefrom shall, given or proceedings ment of this Ordinance, whether in respect of a notice before or after the commence­ be made or given unless - (a)the tenant fails to pay the rent due by him by commenced l r1 l ; of that notice, the landlord the time and in the manner it becomes due: or (b)the tenant has given notice to quit and in con-­ sequence has con­ tracted to sell or let the holding or has taken any other steps as a result in the opinion prejudiced (c)the tenant without to use the holding cultivation of paddy, and to cultivate one paddy crop in any year; or of the committee, if he could not obtain any reasonable wholly or mainly for the possession; or of which he would, excuse fails at least -� \,,..._ ., 1 be seriously (d)where a landlord has constructed or maintained dam, canal, any fence, tenant by any-wilful o·: negligent omission causes damage to any such drain or koker run, the act or work; or involving of any agricul­ ( e)the tenant is convicted of any offence in respect fraud or dishonesty tural produce or livestock, ,,onvicted of having ::::aused to the property of the landlord, tenants (f)the holding or if the tenant is malicious damage or of other of the landlord in the same zone; or or any portions thereof have been acquired under the Acquisition of Ordinance, or the for the scheme under the compulsorily Lands £or Public Purposes Housing Ordinance purposes Housing Ordinance Planning or are required of an approved Ordinance; or the Town and Country or I ) (g)the holding (h)the tenant sublets is required for public purposes; or assigns the holding or with- I r I Cap.
179 Cap.

182 Cap.

181.

AD.

1956] RICE FARMERS (SECURITY OF TENURE) [No.
31 -------------------------------- 17 out the consent or obtained in writing; of the landlord previously a breach of the rules and the committee has his leave to determine (i)the tenant has committed of good husbandry granted the landlord or tenancy; (j)the committee re-allocate and the landlord provisions section (k)the landlord the scattered of subsections or 39 of this Ordinance; has been granted to resume possession of the land with the 40 of this has duly complied (2) of section the committee and the landlord provisions O:ridinance; (1)the landlord of subsection or has been granted leave by the has given the landlord leave to of his tenants, holdings has duly complied with the (2), (3) and (4) of permission by ) committee reduce the size of his tenant's under section 4 1 of this Ordinance to holding, considers it reason­ and in any such the committee able to make the order or give the judgment.
case as aforesaid (3)An order or judgment to which this Ordinance for the recovery applies of possession or for the eject­ as if it were ;i.n order a tenant therefrom may on made by a magistrat be enforced e under the provisions Cap.

185. of of any holding ment of for possessi section 46 of the Landlord .

made to the committee 30.


(1) Where application is (1) of section and Tenant Ordinance ons of subsection the provisi the committee under Adjourn f 29 of this Ordinance, �eea��n� of application; on from time ��iio�f i;e- of the applicati may - (a)adj�urn the hearing to tune, order.

(b)stay or suspend execution of the order or judg­ the date of possession ment or postpone for such period as it thinks fit, and from time to time grant further stays and further session.
postponements of the date of pos­ (2)Any such adjournment, fit, and if such conditions been made or the judgment stay, suspension to such conditions, are complied given, the committet; if any, as the: with and or postpone­ thinks subject ment may be granted committee the order has may discharge or rescind 31.In granting of section the tenant to quit the holding reaped, has been visions require thereon would normally be reaped in that zone.

32.

(1) Where an order has been the order or judgment.


an order or giving judgment 29 of this Ordinance, the committee under the pro-Tenant to be t �� r�ap shall not f�� crvp.

until the crop then growing or until after the date when the crop made on any of the grounds compensa­ (k) or paragraph 29 of this Ordinance, set out in paragraph section the tenant and any sub-tenant sider just in the circumstances.
(2)Where after a landlord the assessment committee such compensation as it may con- (1) of subsection (2) of tlon.

may award has obtained an order or .}

or suspensions of execution \ No.

31] THE L,�WS OF BRITrSH GUIANA.

[A.D. 1956.

18 for possession or ejectment made to appear to the committee of sec­ under the provisions that the judgment tion 29, it is subsequently order was obtained by misrepresentation material any former tenant such for damage or loss sustained or judgment.
by the tenant as a result may order the landlord of to pay to the committee sum as appears facts, of the order or the concealment ' .

sufficient as compensation I, Sub-tenancy to continue nothwith· stand;ng order, de., 7or pClsse�­ slon.

33.
33.

(1) Nothwithstanding provisions entitled tenancy an order or judgment under the 29 of this Ordinance, a sub-tenant shall be in terms of his sub­ to remain in possession as from the date of the order or judgment (2)Where a sub-tenant remains of his holding in possession of a hold­ of section as aforesaid.
l ing in accordance with section, the provisions the tenant of the landlord was given: Provided that the provisions the provisions of this Oudinance of subsection (1) of this shall apply as if he were in whose favour the order or judgment shall not apply in the case of of the grounds (1)of subsectio an order set out in paragraphs n (2) of section or judgment ' 29.

(f), (g), (h), (i), (j) (k) or of subsection (1) of this section made on any Terminalil'n ot tenancy by mutual consent.
34.Nothing in this Ordinance shall prevent a tenant from terminating sent.

an agreement of tenancy landlord and a by mutual con­ Sub-letting <>f holding.

35.

(1) A tenant of a holding of the landlord without shall not sub-let the holding the consent (2) Such consent obtained shall not be unreasonably withheld in writing.

by previously the landlord.
(3) Every tenant who desires to sub-let any such holding shall, if required so (a)disclose to do by the landlord to the landlord to sub-let - the terms upon which and the holding; he proposes (b)render it a term of any sub-tenancy shall created by him that the sub-tenant the full amount of the rent landlord of the holding pay to the payable by the tenant in respect \ of such holdin1f his consent (4)Where a tenant claims that the landlord has unreason­ to the sub-tenancy in writing in which the holding committee of any such holding, to the assessment committee is situate ably withheld he may make application of the district the assessment the landlord the sub-letting, have effect obtained has unreasonably and the consent in writing.
and for its consent of that the consent to give its consent shall committe2 previously if it considers been withheld, of the assessment as if it were the consent of the landlord shall, of Transfer agreement of tenancy.

36.

(1) A tenant of a holding may at any time, with the con­ sent of his landlord, (2)If a tenant transfer desires is or appears his agreement to transfer to be unwilling of tenancy.
his agreement and his landlord to the transfer, notice of his desire to transfer shall at the same time assessment committee situate.

the tenant shall send or give to his landlord of tenancy and he his agreement send or give a copy of the notice to the is of the distric t j1, '"lhich the holding of tenancy to give his consent written [ AD.
1956] RICE F/lRME.RS (SECURITY OF TENURE) [No 31 19 (3)At any time afte11 the receipt of the copy of the notice the assessment aforesaid the tenant to furnish within a specified such particulars of information committee may require as it may reasonably require.
time the answers to the landlord or (4)On receipt of the answer to the particulars aforesaid the assessment or after the time within which such answers may be furnished has expired and if it is considered unreasonably entitled without his agreement of the landlord.
on a day specified that the tenant shall be that the landlord the committee is withholdin into the matter g his consent shall inquire may declare committee of tenancy to transfer the consent (5)A transfer of an agreement of tenancy by virtue of the declaration shall operate the consent in all respects of the landlord.
of the committee under the preceding subsection as if the transfer had been made with (6)Anything in any law to the contrary notwithstanding, on the transfer the interest, rights, vest in and be imposed upon the transferee of tenancy and liabilities of an agreement obligations absolutely.

under this section, all of the tenant shall .

.

37.

Where a tenant of any holding, by will or other testa-Bequest of .

agreement t t 1 th h' men ary wntmg, )equea s 1s m eres 111 any agreemen o of tenancy.
t to any person (in this section tenancy such bequest referred to the following or the executor to as the legatee), provisions - shall notify the shall be subject (a)the legatee t f .
landlord in writing within twenty-one tenant, avoidable time, and in that event they shall notify him as soon as possible of the testamentary days after the death of the by some un­ him within that unless they are prevented cause from notifying thereafter; l.lequest (b)the transfer be subject said consent to give effect to the bequest which of the landlord shall to the consent (c)if under this section he shall, a landlord in writing, shall not be unreasonably refus-�d; to grant refuses and shall state the reasons so inform the for his re­ his consent legatee fusal of consent; who is aggrit?ved (d)any legatee consent appeal to the assessment trict in which the holding is situate and decision under this section of the dis­ by any refusal by a landlord committee of the said committee or difference shall be final.
arises with respect to of may the 38.

(1) If any question of any holding by a larn;:llord management or by a tenant thereof the non-observance good estate husbandry, the tenant or the landlord apply to the assessment is situate observing husbandry as i.he case may be.

for a certificate the rules of good estate of the ru]es o.f �!r�i�� of the rules of good rules of good as the case may be may ::�at� �1an­ of ��o� h��­ not bar>ctry.
of the area in which his holding or the tenant is or the rules of good that the landlord management committee �f (2)On any such applicat ion being made, the assessment committee after giving the landlord and the tenant an opportunity Certificate b � I ) A.

No.

31] THE L.4WS OP BRITISH GUIANA.

[A.D. 1956.

20 ----------------------------------------------------------------------------- of being heard, shall, if it thinks fit, either grant or certificate.
refuse the e granted (3)A certificat under this -section the tenancy him to determine shall entitle to quit the holding certificate given and the period of notice to be given shall be stated in the which shall be signed by the chairman certificate and the time within which such notice is to be given in accordance of the committee.
(4)Where land has been broken in for the cultivation to a landlord by notice to the tenant with the terms of the of of, the tenant and the landlor•:1 paddy by, or at the expense granted under this section, a certificate the tenant such sum as may be assessed sum shall be specified In assessing account any improvement in of the land.

such breaking such sum to be paid, the committee in the certificate to the landlord.
shall take into from in the value of the land resulting the landlord by the committee granted l1as 1:-een - shall pay to which 1 (5)A certificate granted under this section to a tenant shall specify committee for non-observance management.

the amount assessed and fixed by the assessment as damages to be paid by the landlord to the tenant of the rules of good estate by the landlord R2-alloca­ tion of lands by landlord.

the holdings in writing 39.


(1) A landlord who desires to re-allocate committee of this section, of the area in which the holdings are The assessment committee, into single blocks may make application for leave to give his tenant notice of his intention to re-\­ to the ·subject the holdings.
of his tenants to the assessment situate allocate provisions he said landlord may desire to make, may, if it is made in good faith and that, having regard to the scattered nature of the holdings committee to the landlord it ought to be granted, the holdings and any other consideration of making any representations is satisfied that the application and after giving any other tenant of the which the assessment an opportunity to re-allocate aforesaid.
considers relevant, give leave (2)No such leave shall be given unless - to land already applies (a)the re-allocation under'­ to , or in a fit state according paddy cultivation normal agricultural for such cultiva­ tion; and standards, (b)the landlord has made available for the tenant to normal agri­ other lands suitable standards cultural (3)No notice given pursuant section (1) of this section six months ending the 30th of April.

according for paddy cultivation.


to the provisions of sub­ shall be valid unless such notice is for ( 4)An application under subsection (1) of this section shall be accompanied surveyor and approved showing the existing proposed re-allocation.

by a plan drawn to scale by a sworn land of Lands and Mines and the lots uf the by the Commissioner lots of the cultivation Reswnption of lands by landlord.

40.
40.

(1) A landlord rice land in order that than for the cultivation who desires to resume possession of any any purpose other the land may be used for of paddy may make application in writing .,.

A.D. 1956]RICE F,lRMERS (SECURITY OF TENURE) rNc.
31 21 • "" ._'-..) '- .. , ..> subject committee of the area in which such land is for leave to give his tenant notice to quit such land, and to the conditions to the assessment situate the committee, and after giving to the tenant an opportunity of making any re­ presentations application is made in good faith and that it ought to be granted, to determine give leave to the landlord (2)A notice to make, may, if it is satisfied that the to quit given under the preceding in this section the tenancy.
subsection he desires provided shall not be of any effect unless the landlord months' notice ending on the thirtieth gives at least six day of April.

in writing (3)The procedure in the case of an investigation of an shall, is larger than he can efficiently cul- to reduce the size of the hold-Reductio m,utatis who desires under subsection (1) of this section 12 of this Ordinance.

may make application application under sub­ mutandis be the same as in the case of an application section (1) of section 41.
(1) A landlord ing of a tenant whose holding commit-��;d. to the assessment tivate tee for leave to give his tenant notice to give up possession of a after giving portion to the tenant an opportunity desires ing to such size as may be stated in the order or judgment, that having regard to all the circumstances it is satisfied case no substantial leave, creased he hold- if of the such would be caused by granting for the purposes of in- and that leave ought to be granted to make, may grant the landlord and the assessment of the holding committee in writing hardship of making any representations leave to reduce the n ot �iz; ;f �ol�­ Y an • production.
(2)The landlord or letting shall forthwith make available any land of paddy cultivation in pursuance of an made under sub­ of possession committee by way for the purposes (1) of this section.
of the assessment of sale of which a tenant is deprived o.Pder or judgment section landlord committee may as agent of the landlord person it considers on the said land not cultivating to make the land has failed suitable rice land of a sufficient If the committee and who is either not cultivating rice land or is (3)The procedure in the case of an investigation size for his needs.
of an available is of opinion that the the let the said land to any as aforesaid, and who desires to cultivate paddy under subsection application mutandis be the same as in the case of an applicat section 12 of this Ordinance.

(1) of this section, (1) of section shall mutatis ion under guh­ 42.

(1) Any tenant who desires to secure additional 18 8J� committee i:�;;;� notice to make av3.ilable ditiom,1 Jard of such land which foi-cultiva­ twn Of paddy.

land Tena�1t estate to be used for any purpose.
of pad�y m�.y apply to the �ssessment !or th� _cultivation m wntmg for leave to give his landlord to him as rice land any land or any portion forms part of the landiord's likely the landlord desires would be beneficially ing any claims that may be made by any othe� tenant of the same landlord, grant the tenant leave to give the landlord make such land or such portion cultivation an opportunity to make may, if it is satisfied shall of paddy within such time as the committee and which is not then used or of land available The committee that such occupied to him for the he land notice to after giving additional by the tenant and after consider- of making any representation No.
31] THE L4.WS OF BRITISH GUIANA.

[A.D. 1956.

22 Orders ob­ tained tinder >ecti:111 S9 or 40. specify.

to the landlord.

Such time shall be stated in a notice given by the tenant (2)The procedme under subsection in the case of an investigation (1) of this section shall, mutatis of an application be the same miitandis section section (1) of as in the case of an application under sub­ 12 of this Ordinance.
or neglects to make such to the tenant within the time to in subsection (1) of this section and shall, on conviction not exceedin� for each day in respect one hundred dollars of which (3)Any landlord who refuses of such land available ten dollars to a penalty land or portion stated in the notice referred shall be guilty of a summary offence thereof, be liable and to a penalty of the offence continues.

43.
43.

(1) Whenever ment for possession section executed sequence a summary a landlord of any holding 39 or 40 of this 01�dinance offence has obtained on any ground specified .
j. an order or judg­ in is up his tenancy in con­ and the order or judgment or the tenant voluntarily gives of that order or judgment, shall be guilty of the landlord against (a)if without this Ordinance first obtaining - the permission of the committee he at any time uses or for any assessment per mi ts to be used or lets the holding purpose other than the purpose which consti­ tuted the ground on which the order was made was given; or the judgment (b)if he does not within a reasonable of the holding possession \.
time after • for the purpose for which use the said he resumed obtaining holding possession; or (c)if having obtained permission as aforesaid, he fails to comply with any of the terms or con­ ditions have attached which the assessment committee to that permission- be liable to a fine not exceeding may and shall, two hundred and fifty dollars.

on conviction thereof, (2)The procedure by a landlord application for any other purpose the case of an application Ordinance.
shall, in the case of an investigation of an for permission to use or let such holding be the same as in mutandis mutatis under subsection (1) of section 12 of this '-- (3)On the det�rmination committee the shall cause to be sent by of any suc:h application and the tenant a copy of his order chairman registered thereon.
of the assessment post, to the landlord (4)The grant or refusal, or the grant subject to 1.errns , of any such application, or conditions the meaning of subsection the provisions decision: (1) of section shall be a decision within and 26 of this Ordinance, apply to an appeal from such a of that section shall Provided 1.hat- (a)the acts required 26 of this Ordinance to be performed by subsection (2) of section by the ap-• RICE F.4.RMERS _A._D._1��62_ ___________________ (SECURI'J..'Y OF TENURE) [No.
31 _ 23 e shall be so performed days after he receives pellant fourteen man of the assessment of the committee's decision; (b) of subsection committee (b)paragraph by him withi:1 from the chair• a notification (3) , and subsect�ons (G)and (8) of section shall not apply to any appeal under this SEC· tion; and 26 of this Ordinance (c)the Registrar shall transmit of the assessment committee sion of the Judge, duly authenticated signature (5)For the purposes of the provisions of the Registrar.
to the chairman a copy of the deci­ hy :he of this section in "land­ the expression regard to offences lord" shall include against the agent of the landlord.

this Ordinance .. ,,_.

44.

(1) Service of a notice to quit under this Ordinance by �ifivke of ces.
may, where the tenant's unknown to the landlord, commit.tee a landlord on any of his tenants abouts are in which chairman of the assessment the holding lies with the notice by registered post to the tenant at his last known place of abode, and the service of the copy of the notice served on the chairman of the assessment committee shall the tenant.
a copy of the notice and sending where- the by serving be deemed to be service of the district be effected on the giving of such notice, of subsection (1) of this to be given, by this Ordinance the provisions (2) Subject to section, where notice and provision has not been made for such notice shall be given by registered post.

45.As from the commencement 1 dl d is required h of this Ordinance, in any Irrigatiorr ' watu u,p- ' .

bl d ·11· t 'd means and area w ere a an or.


1s a e an w1 111g o prov1 e a tenants phcd J:.y the tenant desires rice land with water by mechanical such service the landlord · the charge and conditions with such terms and so informs ment shall notwithstanding constitute a valid of mech1nical iw bu rncans and if the tenant agrees sub;c�t to • in writing, such agree-septate con ract.

shall inform "UCh tenant in writing for this service, the landlord and lawful contract.
of this Ordinance, the provisions .,,.

; , Jandlm<l by ' ,J 46.Anything which by or under this Ordinance is :re-fg�•;ts i°f an ores.

to be done to, by, or in respect of the ]andJ.urd quired or authorised of a holding landlord duly authorised in that behalf.
may be done to, by, or, in respect of any agent of the to any proceedings imposing stamp duties on the execu-::;,�cements, which may be Validity of , it shall be no objection to any agreement, which may be made under this Ordin- , transfer or authorisation 47.Without prejudice taken under any Ordinance instruments tion of transfer or authorisation ance by reason only that the agreement is not stamped or is not sufficiently agreement dition), is not in writing that the agreement (other than an agreement containing or some memorandum a specified con- or note thereof and signed by the party to be charged.
stamped or, in the case of an 48.

Any provision in any agreement between a landlord " and a tenant whereby the tenant purports .

.

o e prov1s10ns f th f th' 0 d' h o 1s r mance s all be null and void.

to contract contracting o out 0 himself 0utc1· f r mance.

\ .. �- ... No.

31] THE LAWS OF BRITISH GUIANA.

[A.D. 1956.

24 Extent of dnmages and penalties re­ coveroble.


any prov1s10n in an agreement of or the tenant liable 49.Notwithstanding tenancy making either the landlord any liquidated damages or any penalty or non-fulfilment ment, neither quence of any such breach or non-fulfilment damage actually non-fulfilment by him in consequence of any of the terms or conditions of any of the terms or conditions any sum in conse­ in excess of the of the breach or in the agreement.
in the event of any breach party shall be entitled to recover suffered in the agree­ to pay Restriction m pre- 1n1un1s.

50.

(1) No person shall, as a condition of a tenancy or sub-tenancy of any holding to of the grant, renewa.l or other like sum, or the giving of any consideration, applies, require the payment of any fine, or continuance which this Ordinance premium, in addition to the rent.
('2) Where subsequent dinance any such payment or consideration given the amount or value thereof person by whom it was made or given.

to the has been made or �-)•· .

by the shall be recoverable commencement of this Or­ Procedure.

Cap.
Cap.

:G. (3)A person requiring any payment or the giving of any of this section shall in contravention on summary conviction five hundred dollars and the court consideration an offence and shall be liable fine not exceeding by which he is convicted or the value of the consideration whom it was made or given, other method of recovery 51 (1) Subiect may order the amount paid to be repaid to the person by but such order shall be in lieu of any by this Ordinance.
of subsection to the provisions prescribed be guilty of to a .... (3) ofsectior.

.. 3 of the Summary Jurisdiction or other proceedings committee instituted as such) arising Court.

in the Magistrate's (2)A Committee (Petty Debt) Ordinance, any claim (not being proceedings before the assessment out of this Ordinance shall be made or shall have full powers to rehear in any case in which, in it's anv make it just that it should exercise application opinion, altered such powers.
and to revise any decision circumstances (3)The law and practice modifications subject proceedi to the necessary ngs made or instituted under this Ordinance.

'- of the magistrate's court shall, , apply to any claim or other Cap.

185.

(4)Anything dinance to the contrary magistrate irrespective under this Ordinance of the amount of the rent.

contained notwithstanding, in the LandllOrd and Tenant Or­ of a the jurisdiction , shall extend to all holdings of Recovery• coinpensa­ tion ancl damages.

Cap.
Cap.

16. committee provisions the provis;ons ance.
52 (l) Any amount assessed, fixed, certified to be paid as compensation of this Ordinance or ordered or damages End.er the may be recovered by a of the Summary Jurisdiction as a debt due under (Petty Debt) Ordin­ (2)A certificat or damages payable pensation ance issued by a committee under of shall, in any proceedings of the amount of compensation e in which is stated the amount of com­ undP.r the provisions of this Ordin­ in any court, be conclusive evidence .. or damages so payable.
the hand of the chairman there- 25 AD.

1956] RICE F.ARMERS (SECURITY OF TENURE) [No.

31 1 53.A complaint in respect of an offence under the provisions �t;i;i;���­ of this Ordinance shall be made within six months from the tions.

time when the matter of the complaint b ffi 5 .

very mem er, o cer or servant 4 E of this 01�dinance under the provisions hereunder tection 'tt t' Protection o!

comm1 ee ac 1ng, persons act- made ing under Pro-;�'�c�rd1• cop .

.is.

Regulations.

or of any Regulations arose.


f o · a to the protection shall be entitled Ordinance.

55.The Governor may make Regulations (a)prescribing the manner and the form in which of the Justices in Council - applications committee may be made to the assessment under this Ordinance; forms for the purposes of this (b)prescribing Ordinance; (c)generally, for carrying out the provisions of this Ordinance.

56.
56.

(1) The landlord · · th t t t] • f t k f · to which this Ordinance of any holding Right of• d t-enan t to shall permit e enan 1erco o eep ree o c �rge an applies keep oxen use on the holding such number of oxen (not exceedmg four on his for such period as may holding.

oxen for every five acres or part thereof) be necessary dur-ing any year for the purpose of the land and the reaping thereon and, with respect no order or judgment for the recovery by the landlord tenant of any additional be made.
or given.

the paddy produced to oxen so kr.pt and used by the tenant, fee or other charge shall ar.d threshing of rent, agistment from the f h of the cultivation (2)Any landlord subsection (1) of this section and shall fifty dollars.
on convktion thereof who contravenes shall be guilty the provision of a summary offence s of be Hable to a fine not exceeding ) property of the landlord (3) Any tenant who by any wilfnl or negligent permits any oxen kept and used 011 his holding of subsection to -or of any other tenant of the or retains such oxen on his holding beyond omission ,mce with the provisions damage the landlord, necessary for the purposes after having been notified such oxen, shall be guilty of a summary offence conviction set out in subsection in ·.vriting to �-fine not exceednig by the landlord act or ,in accord- (1) of this section, the period to remove and shall on (1) of this section of tenancy fifty ,dollars.
any pr:ivi3ions of this Ordinance to the of any holding in hereto may to enter upon rnd use be liable thereof 57.

Notwithstanding contrary, an agreement zone VI or zone VII as descdbed provide that the landlord t11e holding for the purpose of the tenant during a part of the year after one crop oi.

paddy has been culti- vated and harvested that year.

cattle or of other persons of £Trazin;r his own s of the lanrllor•i in the first schedule Landlord keep cattle on holdh,g by agree­ ment, First schedule.
by th.e tenant of the hoJ.ding during or the cattle shall be entitled.

or of other ten:.mt in respect thereon t o 58.Except as in this Ordinance expressly nothing right or.

remedy of a landlord, in this Ordinance shall prejudicially or tenant, or other person, vested provided affect any power'.

Ge:1craJ savings right�.

of No.

31] THE LAWS OF BRITISH GUIANA.

[A.D. 1956.


26 in or exercisable or under any custom of the country, or otherwise, agreement of tenancy or other contract rate, rent or other thing.

by him by virtue of any other Ordinance in respect , or of any fixtures, or law, of any tax, ..

Duration of Ordinance.


59.Subject to the provisions of this section, t'his Ordinance shall continue that the Legislat.ive by resolution in force until the last day of April, 1961: may, prior to the expira­ that this Ordinance shall period as may be specified in the of that declare Provided tion thereof, continue in force for such f:J rther resolution fhe Ordinance time.
it shall ,continue for any specified and may from time to time prior to the expiration by any resoiuton, as continued similarly declare Council Repeal.

Cap.

251.

(::,1nmenca­ ment.

60.The Rice Farmers (Security is hereby repealed.

of Tenure) Ordinance , ., 61.

This Ordinance shall come into operation on such day by proclamation published in the Gazette, as the Governor shall, appoint.

FIRST SCHEDULE �ection 4.

..


ZONE AREA MAXIMUM BASIC RENTAL PER ACRE ¥; Clay Sdi( •Pegasse Soil ( Toxic Soil I JI III IV The islands the estuary of the Essequibo in River.

of Wakenaam and Legua,n $1'2.00 of Walton Hall to the left bank Isla1I1d and the River as far as The Essequibo Coast from the Northern boundary Supenaam River, Tiger islands the southern exceptio Islands.

tip of Hog Island with the n of Leguan and Wake,iaa;n in the Essequibo $10.
(JO $6.60 '>i Coast from the Pomeroon The Essequibo River to the northern Hall, and both banks of the Pomeroon River.

boundary of Walto� $ 7.50 $5.00 between the The West Baink Demerara, souther111 boundary of Versailles on the north and the Hubabu Creek and tlw Folder Canal on the south, and in· eluding the Nos.

1 and 2 Canal Folder area.

$ '1.50 $2.50 $5.00 I A.D. 1956]RICE FARMFRS (SECURITY OF TENURE)[No.
:H 27 ZONE AREA MAXIMUM BASIC RENTAL PER A.CRE Clay Toxic Soil Soil Pegasse S.oil--- l up to the left up to the northern boun· The East Coast Demerara, bank Mahai'ca River the left bank Mahaica River dary of Mary's Hope, the East Bank Demerara River up to the United States Air Base (Atkinson Bank Demerara ern boundary the West Coast Demerara and the riight bamk Es·sequibo of the Bonasika River north of the south· of Plantation River up to the mouth River.
Field), the West Versailles $10.00 $6.60 $.2,50 The East Coast Demerara from the right bank Mahaica River eastwards, Coast Berbice to the southern the Mahaica Ri:ver from of Willemstad; its mouth on the r ight bank and from boundary of Mary's Hope the northe1,n on the left bank, and the Mahaicony and Abary Rivers, the West boundary $ 7.50 $5.00 $2 50 The Courantyne River up to Moleso1n Coast the East Creek, the Courantyne the Canje River up to ; Coast of Berbice, Calabash Creek, the Berbice Ri:ver up I to Plegt Anker on the right bank aind to I a point opposite bank on the West Coast Berbice to the south ern boundary Plegt Anker on the left I I 1 of Willemstad.
$10.00 $6.60 V ) ,._,, VI ... VII ll A.D. 1956]RICE FARMERS (SECURITY OF TENURE) [No.

:H ------------- � 28 SECOND SCHEDULE Section 5 (1) ( c) ... Form of Receipt.

Received from ......... ........ .

.

.

.

.

.

.

.

.

.

.

.

the Gum of (Date) .... for annual rent $ .................... at .. ............ ............ for the year 1st land situate 19 ........ tc 30th April, follows:- .............. acres of nee May, HJ .
.. .. ........................ .... the said amount being comprised as of.. .................. in respect Basic rent rates Local Authority Drainage and Irrigation rates Conservancy rates Estate charges $ $ .

.

$ .

.

$ $ Total $ '-';.

; ... , " Signature of landlord (or his agent).

THIRD SCHEDULE Section 6.

1.The original document containing the specified condition shall be endorsed "Filed as follows:- in the office of the district commissioner at ................. .
the .............. day of .................... , 19 ... .

(Signed) .

.

.

............ ............ .

District Commissioner.

2.The copies of the original document aforesaid shall be endorsed as follows:- ''The original district commissioner of which this is a true copy was filed in the office of the .

day .

.

.

.

.

.

.

at ............ ......... on the.

.

.

.

.

.

.

.

of ....... .

, ........... , 19 .

.

.

.

(Signed) .. ............ ........ ..... .

District Commissioner.

i'-"' ·, .


.... FOURTH SCHEDULE Section 7(1).

Annual Register of Tenancies for :the year ....................... .

of Date of com1nenc-of Hold-of Date of Extent Notification Local Drain-Comer- tenan !

rent to Basic Author- 27 l () tenant ment of ing tenant.

Sec-Rental ity c,y Name aae --------- tion Rates vancy Estate I Raites Rates Charges Rental tion of -- ena cu.

--- 1 t n, Total termina- Date of Date paid rent Remarks 2 9 :N"o.

31] THE L.A. WS OF BRITISH GUIANA.


[A.D 1956 30 :.
FIFTH SCHEDULE Section 23 (1) Maximum Rates of ;Estate Charges, Type of estate Rate per acre (a)Highly maintained, declared Irrigatio (b)Highly maintained under the Drainage n Ordtnance but not within an area in an area declared and undel' $10.00 the Drainage and Irrigation but not within an area Ordinance $ 7.50 (c)• Partly maintained, declared Irrigation OrdiJnance (cl)Partly maintained, under the Drainage and the Drainage in an area declared under and IrrigatiQn Ordinance $ 2.50 $ 5.00 ' , i � PclSsed by the Legislati ·,:2 Council this twenty-fo�rtlt clay of Av.gust, nineteen hundred and fift1/-six.
(Leg.

Bill No.

22/1956).

,:ct/� Ckrk of the Legislatui Printed by the Government Printers o( British Guiana.

�