MMA/ADA moves to have outstanding arrears honoured

DPI, Guyana, Tuesday, November 12, 2019

The Mahaica/Mahaicony/Abary-Agricultural Development Authority (MMA/ADA) has submitted several applications for the payment of arrears of rent by some Tenant rice farmers to the Rice Assessment Committee in Region 5.

These proceedings were held at the Mahaicony Magistrates Court today.

The applications for farmers to honour their dues come as a last resort for the MMA/ADA which has been pleading with the errant farmers for several months to pay their rent.

In an earlier interview, General Manager of the MMA/ADA, Aubrey Charles had given some insight into the constraints faced by the authority due to the non-payments of fees owed. “Farmers have not been paying MMA/ADA. There was a period when we were carrying out all the necessary works, and we were not receiving any money [rental fees]; however, the Ministry of Finance has made it clear to us, that we have to collect the money owed from the farmers to carry out the necessary maintenance work.”

According to the MMA/ADA, the farmers have been notified on numerous occasions; however, some have refused to pay.

In response to applications presented in court today, Attorney-at-law Anil Nandlall, representing the rice farmers, submitted to the committee several written submissions and a subsequent affidavit signed by one of the rice farmers.

Providing his final rulings on the submissions was Chairman of the Rice Assessment Committee of Region 5, Omadatt Chandan.

On the claim that the committee is unlawful, illegal and has no jurisdiction to hear and determine any application. Chandan stated: “No written application in acceptable form was made to this committee regarding this issue. What was submitted to this committee were written submissions and a subsequent affidavit by counsel for the tenant rice farmers.”

However, according to the Rice Farmers (Security of Tenure) Act, Section 9(8), each committee has the power to regulate its own proceedings. Chandan made it clear that there was no request by the committee for submissions to be made. Additionally, by Nandlall making these submissions is to attempt to “oust the authority of the Committee” by attempting to initiate its’ own procedure.

This claim was therefore dismissed by the committee on the grounds that the procedure requested by Counsel was deemed bad in the sight of the law and is dismissed as being wholly inappropriate”. Chandan further stated that it also “amounts to an abuse of the court’s process.”

A declaration was then made that the committee is lawful and legal, with the jurisdiction to hear and determine applications from the MMA/ADA.

Regarding the second claim which alleged the current committee is biased, it was determined that no evidence was provided to this effect. Therefore, it was established that the allegation was baseless and nothing of fact or in law.

The farmers owe the MMA/ADA over $1Billion in drainage and irrigation fees.