Presidential Decree No. 135 of 2004 of the Arab Republic of Egypt establishing a holding company for drinking water and sanitation and its subsidiaries

Presidential Decree No. 135 of 2004 of the Arab Republic of Egypt establishing a holding company for drinking water and sanitation and its subsidiaries Having reviewed the Constitution, Law No. 53 of 1973 concerning the State's General Budget, the Local Administration System Law issued by Law No. 43 of 1979 and its Executive Regulations; Having reviewed Law No. 59 of 1979 concerning the establishment of new urban communities, Law No. 159 of 1981 concerning joint-stock companies, limited partnerships by shares, and limited liability companies and its executive regulations, Law No. 203 of 1991 concerning public sector companies and its executive regulations, Law No. 4 of 1994 concerning environmental protection, Presidential Decree No. 133 of 1968 establishing the Greater Cairo Sanitation Authority, as amended by Presidential Decree No. 95 of 1994, Presidential Decree No. 1638 of 1968 establishing the Greater Cairo Water Authority, Presidential Decree No. 1639 of 1968 establishing the Alexandria Water Authority, Presidential Decree No. 262 of 1979 establishing the Alexandria Sanitation Authority, as amended by Presidential Decree No. 96 of 1994,and Presidential Decree No. 197 of 1981 establishing the National Drinking Water Authority And the sanitation and wastewater system, as amended by Presidential Decree No. 30 of 1986,and Presidential Decree No. 281 of 1995 establishing a public economic authority for drinking water and sanitation in certain governorates, and Presidential Decree No. 164 of 1996 establishing the Ministry of Housing, Utilities and Urban Communities, and the articles of association of the Beheira Water Company, and the articles of association of the Kafr El- Sheikh Drinking Water and Sanitation Company, and the articles of association of the Damietta Water Company, and after the approval of the Cabinet and based on the opinion of the State Council. It was decided: Article One: A holding company called the “Holding Company for Drinking Water and Sanitation” shall be established, which shall have a legal personality and its headquarters shall be in Cairo Governorate, and its duration shall be subject to the provisions of the aforementioned Public Business Sector Companies Law and its executive regulations, and the companies stipulated in Article Three of this decision shall be affiliated with it. Article Two: The purpose of the Holding Company for Drinking Water and Wastewater is to purify, desalinate, transport, distribute and sell drinking water, and to collect, treat and safely dispose of wastewater. Article Three: The following public economic authorities for drinking water and sanitation in certain governorates and public sector companies were transformed into subsidiaries of the holding company stipulated in Article 1: the Greater Cairo Water Authority, the Alexandria Water Authority, the Greater Cairo Sanitation Authority, the Alexandria Sanitation Authority, the Aswan Governorate Drinking Water and Sanitation Authority, the Minya Governorate Drinking Water and Sanitation Authority, the Beni Suef Governorate Drinking Water and Sanitation Authority, the Fayoum Governorate Drinking Water and Sanitation Authority, the Dakahlia Governorate Drinking Water and Sanitation Authority, the Gharbia Governorate Drinking Water and Sanitation Authority, the Sharqia Governorate Drinking Water and Sanitation Authority, the Beheira Water Company, the Kafr El Sheikh Drinking Water and Sanitation Company, and the Damietta Water Company. Article Four: The Minister of Housing, Utilities and Urban Communities shall be the competent minister to implement the provisions of the aforementioned Public Business Sector Companies Law and its executive regulations with regard to the Holding Company for Drinking Water and Sanitation and its subsidiaries. Article Five: All rights and obligations that were held by the aforementioned public economic authorities and public sector companies before their transformation shall be transferred to the subsidiary companies stipulated in Article Three of this decision. The subsidiary companies shall continue to apply the regulations in force to them, provided that these regulations do not conflict with the provisions of the Public Business Sector Companies Law and its executive regulations, until their own specific regulations are issued. The boards of directors of the public economic authorities and companies stipulated in Article Three of this decision shall continue to exercise their powers on a temporary basis until the boards of directors and general assemblies of these companies are formed. The Minister of Housing, Utilities, and Urban Communities shall issue the articles of association for the companies subject to the provisions of the aforementioned Public Business Sector Law, after approval by the general assemblies of those companies. Article Six: The capital of the holding company shall be determined by the sum of the capitals of its subsidiaries on the day preceding the date of implementation of this decision, after verifying the accuracy of this estimate by a committee formed by a decision of the competent minister in accordance with the provisions of Article (19) of the aforementioned Public Business Sector Companies Law. Article Seven: The General Assembly and the Board of Directors of the Holding Company for Drinking Water and Sanitation shall be formed in accordance with the provisions of the aforementioned Public Sector Companies Law, provided that each of them includes in its membership a representative of the Ministry of Finance. Article Eight: Employees of public economic authorities and companies stipulated in Article Three of this decision shall be transferred, with their existing employment status, to subsidiary companies established in accordance with the provisions of this decision. The regulations governing their affairs shall remain in effect until regulations governing the employees of the companies to which they are transferred are issued, in accordance with the provisions of the aforementioned Public Business Sector Companies Law. The transferred employee shall retain – on a personal basis – any wages, allowances, and benefits they receive, even if these exceed what they are entitled to under these regulations. Article Nine: This decision shall be published in the Official Gazette and shall come into effect on the day following its publication. Issued at the Presidency of the Republic on 7 Rabi' al-Awwal 1425 AH (corresponding to 27 April 2004 AD).