Abia State Water Board Law, Chapter 12 of 1993

Cals ‘ater Board Law Fs we nt e a e e l l 139 CHAPTER 12 *“ ABIA STATE WATER BOARD LAW Arrangement of Sections PART I. - PRELIMNARY ~ Citation and Commencement Interpretation, PART II. - ESTABLISHMENT, FUNCTIONS AND POWER OF THE:BOARD Establishment of Board Composition of Board »» Functions of Board, Power of the Board, General Manager of the Board. Secretary to the Board. Delegation of Powers Tenure of office and remuneration of the Board members Meetings of Board. : Power to co-opt Vacancy in Board membership Common seal. Contracts not requiring seal. Proof of document. Advisory Water Committee. Power of the Governor to order inquiry or directive. PART III. - OFFICERS AND SERVANTS OF PH BOARD . Officers and Servants of the Board. Pensions and gratuity. Abia State Water Board Law t as ga aie: [CAP 12] 140 Section 21. 22, 23. 24. 25. 26. 27, 28. 29. 30. 3). 32. 33. 34. 35. PART [V. — SUPPLY OF WATER AND CHARGES Policy on water supply. Purchase, resale of water in bulk Service to tenements on application. Inspection of works etc. Entitlement to supply and preclusion of preferential treatment Expenses for necessary alterations. Continuity of supply. Rates and Scales of charges for water law. Board to supply water. by meter. PART V. —- FINANCIAL PROVISIONS Fund of the Board. Power of Board to Borrow. Guarantee by Government of loan to the Board. Accounts and Audit. ; ' Annual Report and Estimate. PART VI. - TRANSFER OF WATERWORKS, ETC Transfer of waterworks. PART VII. — ACQUISITION OF LAND Acquisition of land. Restriction on alienation. Abstraction of water by. fire authorities. PART VIIL..~ OFFENCES Damage to Waterworks and pollution of water. Water and alteration of services. Fraudulent measurement of water. Bathing, washing. {Yl — 162 [CAP 12} 141 Abia State Water Board Law Section 43. Incitement against payment of rates and charges. PART IX. - LEGAL PROCEEDING 44, Indemnity. 45. Limitation of suits against the Board. ' 46. — Services of process. 47. Restriction on execution. 48. Representation of he Board. PART X — MISCELLANEOUS 49. Relation with other authorities 50. Regulations. 51. Repeal of Law no. 30 of 1990. CHAPTER 12 ABIA STATE WATER BOARD LAW A Law to provide for consolation, centralization of waterworks and on ; conservation and distribution of water for domestic and industrial ae purposes and matters connected thereto. Commence- [1st April 1993] ment PART I. ~ PRELIMANRY 1. This Law may be cited as the Abia State Water Board Law. ores 2, In this Law unless the context otherwise requires - inpprneeation. 7 re Te [CAP 12} 142 Abia State Water Board Law “appropriate authority” means the Head, bureau of Public Utilities : and Rural Development. ; “Chairman” means Chairman of the Board; “the Board” means the Abia State Water Board established under section 3 of this Law; as “Head” means Head for Bureau of Public Utilities; ; “domestic supply” means water from any waterworks used in any tenement for drinking, washing, cooking or for bath or any other purpose of domestic nature; ‘ “dwelling-house” means any premises used wholly or mainly for E the purposes of private dwelling, with or without any garage, appurtenances belonging thereto or - usually enjoyed therewith; ; “financial year” means period of twelve months starting from Ist January and terminating on 31st day of December; “functions” includes powers and duties; “the Government” means Government of Abia State of Nigeria; “industrial purpose” means a purpose related to the establishment or operation of any industry; “member” in relation to the Board includes the igdeaan, “meter” means any appliances used for measuring, ascertaining or regulating the amount of water taken or used from any waterworks by means of any service, as well as any orifice or gauge or appliances used in estimating the flow of water in or from any part of any waterworks; “Governor” means the Governor of Abia State of Nigeria; “non-domestic supply” means:any water from any waterworks used for the purpose of, or in carrying on, any trade, business or manufacture, or for watering fields or gardens cultivated or occupied as a means of pecuniary profit, or for private fountains, or any ornamental purpose, or for the supply of ponds or tanks, or for laundries or public wash-house or public baths, vessels, ships, boats or machinery, and also water used or consumed by any person resident in, of occupying any. premises. where a non-domestic supply is given, as well as any water taken or used from any waterworks for the use of any council or government establishment; gt a e Abia State Water Board Law Se to el {CAP 12} 143 “occupier” in relation to a tenement means the person, other than a “owner” lodger therein, who is inoccupation of the whole or of any - part of the tenement; in relation to a tenement includes the holder of a tenement direct from the state whether under lease, licence or otherwise; “public fountain” means any fountain, stand-pipe, valve, tap or appliance used or intended to be used for or in connection with the supply of water to the public from any waterworks, and vested in or erected or hereafter to be erected by the Board and which is the property of the Board. “service” means all pipes, valves, cistern, cocks, fittings and other appliances (excepting any meter) by or through which water flows or is intended to flow from any waterworks or which are or may be used for. the waterworks, and being the property of the owner or occupier of such tenement; “State” means Abia State of Nigeria; “street” includes any square, court, highway, road, thoroughfare or public passage or place over which the public have a right of way; “tenement” means land with buildings which is held or occupied as “Swaterworks” means all reservoirs, dams, weirs, tanks, cisterns, - a distinct or separate holding or tenancy or any wharf or pier; tunnels, treatment plant, conduits, aqueducts; main pipes, fountains used or constructed for the storage, water, which are vested in the Board by virtue of this Law, used or constructed. by or on behalf of the Board and are the property of the Board; “principal office” means the headquarters office of the Board; \ PART IIL. - ESTABLISHMENT, FUNCTIONS AND POWER OF THE a . BOARD There is hereby established for the State a body known as Abia State Water, Board. Establish- ment of Board. Abia State Water Board Law {CAP 12] 144 1 @) The Board — (a) shall be a body corporate with perpetual succession and a common seal; (b) + may sue or be sued in corporate name; and (c) shall have power to acquire. and hold movable or immovable property and to sell, lease, mortgage or otherwise alienate or dispose of such property. Composi- 4, The composition of the Board shall be as follows: eal (i) | A Chairman (who shall not be the Head) to be appointed by the Governor; (ii) Six (6) members, two from each of the three zones of the State, to be appointed by the Governor. (iii) The Head, Public Utilities and Rural Development or his representative. (iv) |The General Manager of Abia State Water Board. ~ * frie 5. The functions of the Board shall be to - Board. (a) consolidate and centralize all water and sewage systems in the State under its control, direction and supervision; (b) prospect for water, provide, distribute and conserve, in the State, water for public domestic, industrial and commercial Purposes. Powers of : 5 . pelt the Board, 6. For the efficient discharge of its functions under this Law, the Board shall have power - (a) to prepare all plans necessary for the maintenance and development of its undertakings; (b) to construct, reconstruct, operate and maihtain waterworks stations, building, and other works necessary for the discharge of its functions under this Law. (c) To carry any water-pipe through, across or under any street; (d) After giving a reasonable notice in writing to the owner or occupier thereof, to carry any watet-pipe into, through or under any land without paying any compensation in respect thereof, but making good any damage done to such land; 5s (e) To abstract water from any lake, river, stream or other natural water sources within the State, and by arrangement poem ee i vinieauaseeer, ILS ers i REO ROE Abia State Water Board Law [CAP 12] 145 (f) (h). (i) 0) {k) with the authority concerned, from any other waters in the State, subject to any provisions of any law or decree in force regulating same; From time to time, to examine and protect any surface or underground waters within the state for the purpose of determining what, if any, pollution exists and the cause thereof, and by arrangement with the authorities concerned, to do likewise with respect to other waters, subject to any provisions of any law or decree in force regulating same; To enter upon any land any time for the purpose of examining, repairing or removing any water-pipe belonging to the Board; To construct public fountains in any street or other me place in accordance with any existing law; Any time between the hours of six o ‘clock in the moniing and six o’clock in the evening or, in a case of emergency at any other time, to enter into or upon tenement into or upon which any service has been laid or any water from waterworks flows in order to — (i) inspect any services and ascertain any waste, leakage, obstruction or damage to any service or meter therein and anything in connection therewith; or : (ii) | ascertain the amount of water taken or used therein; or (iii) disconnect the supply of water thereto or diminish, withhold or divert the supply of water thereto through or by means of any service, either wholly or in part, to diminish, withhold, suspend, stop, turn off or divert the supply of water through or by means or any service or public fountain either wholly or in part whenever the Board thinks it necessary or proper so to do, and without prejudice to any liability, to pay any water rate, meter rents or other sums due or to become due under this Law; to enter into such contracts subject to the prevailing tenders and awards of contracts procedure as may be necessary, advantageous’ or expedient for the performance of its functions under this Law, including contracts for the at iin mimicry # a Tapa? sian leanings 3 Ht a ni a [CAP 12] 146 Abia State Water Board Law i construction or extension of waterworks or for the bulk q supply of materials; s (i) to acquire, purchase, lease, hold, construct, manufacture or maintain any property whatsoever, whether movable or immovable, as the case may, required for or in connection with the performance of its functions and to sell, dispose of, otherwise deal with such property or any part thereof; (m) to enter into any agreement with any person for the supply, construction, manufacture, maintenance or repair by that person, of any property, whether movable or immovable, ' which is necessary or appropriate for the performance of the ¢ functions of the Board; (n) to do anything for the purpose of advancing the skill of persons in the service of the Board, including the provision of facilities for training, education and research or for securing the efficient running of the services and waterworks of the Board, or for improving the manner in which the same are operated; . (0) to enter into any commitments, agreements, or other arrangements in respect of the provision, distribution, supply or sale of water; . iq (p) with the approval of the Governor in writing, to write off bad ii : debts; i i (q) to conduct researches relative to water supply, and connected subjects; 4 (rt) to determine adequate charge or fees which shall be if approved by the Governor and effective method of collection if thereof for water supply or sewage services furnished to all + class of users or consumers; 1! (s), to set up standards relative to water supply in collaboration ie E in : with the person for the Federal Ministry of “Water BE AE Resources” or any other Federal Ministry charge with such +4 responsibility; Fe = e s e T e h ee e e e — — nig a r r e s t A n aia ece r ie s Soe e S ii ae oa l al an ‘ e s a r e r e e e e ee i : eos hac, Ua e ho gs ? pc e mem es ea se as sy SO M GUL re 5 ee a e a r a te ks sei A e e r ae ig e r a E e ' ae i (t) to manufacture, distribute and sell meters for use by any 1% 4 person; authority, company or body (corporate or unincorporated) in respect of the waterworks; 4 (u) to insure its property against all forms of risk; 4 4 i Se ee ca i rg Semester sin a 9 [CAP 12] 147 Abia State Water Board Law LF (1) — The Governor shall appoint a fit and proper person as the General General Manager of the Board who shall hold office on such Manseer of terms and conditions as may be specified in his letter of appointment. (2) | The General Manager, who shall be the Chief Executive Officer of the Board, shall — (a) be responsible for carrying out the policy and decisions of the Board; and (b) manage all the business and keep and preserve the property of the Board. 8. The Board shall appoint a fit and proper person to be secretary to the Board. The Secretary who shall not be a member of the Board shall be ‘+ Board. responsible for the conduct of the correspondence of the Board, take and keep minutes of proceedings in the Board meetings and perform such other duties, including general administrative duties under the supervision of the General Manager, as the Board may from time to time direct. 9. (1), The Board may delegate to the General Manager such of its rating functions not powers under this Law, as the Board thinks may be more conveniently or expeditiously dealt with by him so as to enhance the conduct of the affairs of the Board. (2) | Notwithstanding the provisions of subsection (1) of this section, the Board may delegate its functions of collecting water rates and charges or other revenue to a local government in whose area of authority such rates, charges or revenue are payable. 10. (1) A member of the Board, not being an ex-officio member, Tenure of shall hold office for three years on such terms and conditions OMe ané. as to remuneration and allowances as may be specified in the of the Board. letter or instrument appointing him, and may be eligible for “ reappointment for another term. (2) Notwithstanding anything- contained in the letter or instrument appointing him, a member of the Board, otherwise than. an ex-officio member, may resign his appointment by a letter signed by him and addressed to the Governor. % [CAP 12] ~ 148 Abia State Water Board Law (3) Notwithstanding the provisions of the foregoing subsections, the Governor may remove a member if he is satisfied that the member is incapable of discharging the functions of his office or for gross misconduct. hiss 11. (1) The Board shall hold meetings as and when the need arises: Provided that there shall be at least three meetings of ii * the Board in any one year. rt 2 (2) All meetings of the Board shall be summoned by the : Chairman: : | Provided that where - : Wl (a) the Chairman neglects or fails to summon a meeting within four months from date of last meeting; or (b) the Chairtnan is abroad for a period of four months or more; or (c) the Chairman is ill or incapacitated or for any reason is unable to discharge the functions of a Chairman; any four members of the Board may, after they have requested the Chairman to do so, summon a meeting and give reasons for their doing so. (3) Every meeting of the Board shall be presided over by the Chairman or, if the Chairman is unable to attend any particular meeting, by a member so elected by members present. (4) | Ata meeting of the Board four members present shall form a quorum. The Board may make standin . : ; g orders regulating th of its meetings or any of its committees, wicca aaa e e e e e ; come =« 12, The Board r 3 it .©O-Opt. ‘he Board may co-opt any person to be’ a membe Hi is Satan as may be required and such person, while so co-opted, shall e the rights and privileges of a member save that he shall not be'entitled © vote upon any question and shall not count for its quorum. r for such meeting [CAP 12] 149 Abia State Water Board Law Ris 13. The validity of any act or proceeding of the Board shall not be Vacancy inthe affected by any vacancy in its membership, or by reason that some person seats ; who was not entitled to do so took part therein. 14. The affixing of the seal of the Board shall be authenticated by the Common scal signature of the Chairman or some other member of the Board authorized | either generally or specifically by the Board to act in his stead for the purpose, and of the General manager of the Board or some other person authorized either generally or specifically by the Board to act in his stead | for the purpose. Won, . 15. Any contract or instrument which, if entered into or executed by a Combfacts not person hot being a body corporate, would not require to be under seal, may ao ’ be entered into or executed on behalf of the Board by the person generally { or specifically authorized by it for that purpose. 16. | Any document purporting to be a document duly executed or issued Proof of under the seal of the Board or on behalf of the Board shall be received in ‘*ument. evidence and be deemed to be a document so executed or issued, as the case may be, without further proof unless the contrary is shown. I 17. (1) The Head may set up, in any or every local government area ,avisory and in such other places as he may consider necessary on the Water advice of the Board, a:committee which shall be known as Soe | i Advisory Water Committee. © ime (2) | Members: ofan Advisory ‘Water committee may include | "persons who represent engineering, business, commercial and industrial interests and also local councilors and representatives of local landlords and tenants. (3) Subject to subsection (2), an Advisory Water Committee shall consist of a Chairman who shall be a person in the ' public service of the State serving in that area, and not less than three or more than seven members other members, all of whom shall be appointed by the Head. The Chairman and the other members shall be part-time members only. ——— PT ree AT RPS AN OT ’ 8 em RTOS EER TS ae , Abia State Water Board Law [CAP 12] 150 (4) An Advisory Water Committee shall be the link between the Board and the locality served by the Committee and it shall be the duty of the Committee to — (a) advise the Board and any council or body having representation in the Committee in the preparation and co-ordination of schemes relating to water supply in its area of authority; {b) furnish the Board and a council or body with such information relating to water supplies in its area, or water resources in or available for its area as the " bac: Committee may reasonably be required to furnish; 3 Law of 1996, (c) ensure the prompt payment of water rates by consumers in its area of authority in accordance with the provisions of section 5 or séction 6 of Water Connection Fee and Water Rate Law 1996. (5) The Chairman of an Advisory Committee shall preside at all meetings of the Committee at which he is present. In the absence of the Chairman at any meeting, the members present shall elect one of their member to preside at such ' meeting: Provided that where one or more petsons present are persons in the public service of the State, he or one of them, . as the case may be, shall be elected to preside. (6) the Chairman of the Committee shall call a meeting of the Committee at such times and at such places as he shall determine, provided that not less than one meeting may be held in any month, (7) At any meeting of the Advisory Water Committee, three members present shall form a quorum. (8) The provisions of subsections (1), (2) and (5) of section II shall apply mutatis mutandis in relation to an Advisory Water Committee. (9) | Committee members who are civil servants shall be entitled to such sitting allowances as the Governor may determine. CAP I2] * } Abia State Water Board Law 7 pus 18. (1) Where, in the opinion of the Governor, the affairs of the Board are poorly managed, he may insti ; ascertain the cause of the situation and on the report of the ingiisy oe inquiry the Governor may cause the Board or the personne] &* ? of the Board to be reorganized, directives, (2) Notwithstanding the Provisions of this Law, may through the Head, give general or speci the Board as to the policy to be followed by F exercise of its functions and as to the m Board may carry out any or all of its functions under this Law, and the Board shall give effect to all such directives, (3) | The Board shall from time to time or, at the request of the Governor, supply to the Governor information relating to assets and liabilities, returms, accounts and minutes of meetings of the Board. Power of tute an inquiry to [ne Gover: the Governor al directives to the Board in the anner in which the \ PART Ill. - OFFICERS AND SERVANTS OF THE BOARD - 19. (1) Subject to the provisions of this Law, the Board may ~ (a) from time to time appoint such persons as officers servants of and servants of the Board as it may consider necessary and determine their salaries, emoluments itions of service; (b) a oe loans to employees on terms and ? conditions as it may approve; Ri ade | ake standing regulations for the gut sana : = d in matter relating to conditions of s oe | a re Li control of staff, etc., so al ciselP ne new regulations are made, hole | | See RHE and Regulations for oe an bere : | | ae in the State shall any is x as “ ce te (2) ~All civil er peitee ee a be ct Ee ats public service of the State on seco serv the Board; [CAP 12] 1S2 Abia State Water Board Law gratuities Cap. 346 LFN. Purchase, Tesale of water in butk, "20, Provided that no such person suffer any loss of rank or retirement benefit as a result of the secondment to the Board. The Board may grant pensions, gratuities and other retiring benefits to its employees in accordance with the civil service pensions schemes as provided in the Pensions and regulations made thereunder and for the time being in force. PART IV. - SUPPLY OF WATER AND CHARGES 21. In the exercise of its functions under this Law, the Board shall direct its policy towards the fulfillment of the following principles, that is to say - that reasonable water charges as shown in the Water Connection Fee and Water Rate Law, for the time being in force, shall as far as possible be levied in respect of services actually rendered and water actually supplied by the Board. : ; 22. (1) The Board may -— (a) purchase water in bulk and may resell such water either in bulk or by direct distribution to consumers; {b) grant to an authorized undertaker annual licence to carry out any of the functions of the Board or to operate private waterworks on such conditions, including the payment of fees, as the Board may deem fit. (2) Subject to subsection (3) of this section, no person shall ' Operate private waterworks or resell water supplied by the Board except under the licence granted by the Board in accordance with the provisions of subsection (1) of this section. (3) Any authorized undertaker may sell water either in bulk or by direct distribution to consumers, (4) Any person who contravenes the provisions of this section shall be guilty of an offence and shall, on summary conviction, be liable to a fine of two thousand naira or imprisonment for two years. In this section, “authorized undertaker" means any person or body of persons to whom T e o a a a a h Abia State Water Board Law (CAP 12} 154 (a) (b) Entitlement be answerable to such owner for the efficiency or safety of the pipes, fittings, appliances or apparatus so tested, or for the proper execution of the works of installation; or be liable for any damage or loss arising out of use or misuse of such pipes, fittings, appliances or apparatus by the consumer for any person other than an employee of the Board. to supply 25. Except as otherwise provided in this Law, where the Board provides and co Bie! supplies water in any area for private purposes, any person within that preferential part of the area shall, upon application to the Board, be entitled to supply of freatment. water on the term:on which other persons in that part of the area are entitled ~ under similar circumstances to.a corresponding supply unless, in the case of a fresh connection, adequate supply cannot be provided without detriment ~ to existing supplies, Pegited 26, “{1) or necessary alterations. (2) Continuity Where in the exercise by any person or authority of any function conferred by any law all alteration in any part of any waterworks or distribution system vested in or otherwise belonging to the Board becomes necessary, the Board shall, upon reasonable notice given to.it by that person or authority, of the exercise of such function and the necessity to make such alteration, make alteration; and may recover the expenses of the alteration from such person or authority. If there is any dispute as to the amount of the expenses of any alteration carried.out under subsection (1), the same may be referred by the person or authority or the Board to an arbitrator appointed by the appropriate authority. of supply 27. The Board shall as far as possible maintain a continuity of supply . but shall! in so doing have right to - (a) (b) suspend the supply of water in any area for such period as may be necessary for carrying out any inspection, test, repair, alteration or for making any new connection; or suspend or discontinue any supply where payment of any charges for any supply by the Board is in arrears. Abia State Water Board Law [CAP 12] 155 28. 29. 30. (1) (2) (3). The rates and scales of charges for water connection and water rates shall be as provided in the Water Connection Fee and Water Rate Law, 1996. The rates and scales of charges fined by the Board for services rendered by the Board shall be such as to ensure that the revenue derived every year from such sales and services, together with its revenue for that year from other sources shall be sufficient as nearly as may be to meet — (a) the working expenses of the Board; (b) | any payment that the Board may make in respect of interest on, or repayment of any sum borrowed by the Board; and (c) any sum that the Board may deem proper to set aside in that year as reserve, extensions, renewals, depreciations, loans and other like purposes, Changes for water or services may, if the Board thinks fit, be fixed at different rates and sales for different localities. The Board may regulate any supply of water under its control by means of a meter or by any other approved system. PART V.FINANCIAL PROVISIONS The funds and resources of the Board shall consist of - (a) (b) (c) all sums, investments or other property whatsoever vested in the Board by the provisions of section 35 of this Law; such sums or other property whatsoever as may from time to time be given by way of loan or‘grant to the Board by the Government; such sums or other property whatsoever as may from time to time be given by way of loan or grant to the Board by a council established under the existing Local Government Law, or by a statutory corporation in the State, the Government of the Federation of Nigeria or of another State, any international organization or body, a private foundation or any person whatsoever; Rates and scales of charges for water law of 1996, No Sof 1996. Abia State Water Board Law [CAP 12] 156 (d) (©) functions. 3: + (1) (2) 34. (1) (2) me) any investments or other property whatsoever acquired by or vested in the Board and money eared or arising from investments or property; all other sums (including water charges) or other property whatsoever which may in any way become payable to or vested in the Board in respect of its functions or any matter incidental thereto under this Law or by virtue of the provisions of any other law. 31. The Board may, with approval in writing of the Governor, borrow money required for meeting any of its obligations or discharging any of its 32. The Govérnment may guarantee in such manner and on such conditions as it may think fit the payment of the principal and interest on any money borrowed by the Board under section 31 of this Law. The Board shall keep proper accounts of its transactions. The accounts of the Board shall be audited by the Director of Audit in accordance with the provisions of section 125 of the Constitution of the Federal Republic of Nigeria, 1999. As soon as may be after the end of each calendar year, the Board shall forward through the Head to the Governor a full report of its operations during the preceding year together with a certified copy of the audited accounts of the Board. The accounts of the Board together with the Auditor-General report thereon shall be laid before the State House of Assembly in accordance with the provisions of subsections (2) and (3) of section 125 of the Constitution of the Federal Republic of Nigeria, 1999. The Board may, with the written approval of the Governor, write off bad debts or bad or lost assets. prpenrey oe = eaten sip * i [CAP 12] 157 Abia State Water Board Law PART VI. - TRANSFER OF WATERWORKS, ETC. 35. (1) All waterworks which used or have been constructed by or ined on behalf of the appropriate authority and are the property of works. the appropriate authority immediately before the date of commencement of this Law (hereinafter referred to as transferred waterworks), together with all lands, works and other property, assets, powers, rights, obligations and * privileges appertaining thereto or enjoyed or subsisting in connection therewith shall, upon the commencement. of this Law, vest in the Board by virtue of this section and without - further assurances. (2) A deed, bond, agreement, instrument or working agreement to which the Government was party for the construction or otherwise in respect of any transferred waterworks shall, subject to the provisions of this section and unless the circumstances otherwise require, have effect as from the - commencement of this Law as if (a) the Board has been party thereto; (b) for any reference therein to the Government there is substituted, as respects anything failing to be done on or after the date of commencement of this Law, a reference to the Board. (3) The appropriate authority shall, at the request of the Board, prepare and deliver to the Board particulars of any waterworks, including lands, works or other properties, assets, rights, obligations, powers or privileges vested in the * Board by the provisions of this Law;. (4) Nothing in this section shall be construed as purporting to derogate from the provisions of any Act or decree relating to the transfer or, vesting of any class of property, right or liability, and such measures as may be necessary in accordance with those provisions shall be taken to ensure the vesting of such property upon the commencement of this Law or so.soon as may be thereafter and, upon such vesting, the provisions of this section relating to the consequence of - the vesting of property, rights and liabilities shall have effect accordingly. uw [CAP 12] 158 Abia State Water Board Law (5) In this section, “property” includes buildings and appurtenances, stocks of fuel, spare parts, accessories, stores, materials, investments, funds, loans and accounts receivable, claims and liens. (6) All pipes and fittings which form part of the distribution system, even if such pipes and fittings were provided by the consumer, except those used to carry water direct to consumers with private connections, shall be deemed to be the property of the Board. PART Vil. - ACQUISITION OF LAND force 36. (1) > Whenever there is any hindrances in obtaining land required land. forthe purposes of the Board under this Law, the Board shall make representations to the Governor who make, pursuant to the provisions of the Land Use Act, 1978, make land available to the Board. ie (2) | Any compensation payable for the development on the land 1978. $o acquired or for the destruction of cash crops and economic trees shall be paid by the Government, and the - government shall be reimbursed by the Board. (3) A plan of any land referred to in subsection (1) containing measurements of the boundaries of the land showing the relationship of the land to any sufficient identifying mark and signed by the Surveyor-General shall be a sufficient description of the land for the Purpose of any application 2 under that subsection. Restric- 37, The Board shall not, without the approval in writing of the Governor | aliene. «Alienate, mortgage, charge or demise any immovable property which has tion. been vested in the Board under any provision of this Law. Abstraction 38. (1) Nothing in this Law shall preclude the fire authority from five sithori- abstracting water for the purpose of all prevention or control of fire from any public fountain, service or waterworks of the Board. Abia State Water Board Law [CAP 12] 159 (2) *(3) (4) No charge shall be made for water supplied by the Board under. subsection (1) of this section. The Board may, at the request of, or after consultation with the fire authority and at the expense of the fire authority, provide at any convenient or suitable places within the area of operation of the Board any main, pipe, valve, hydrant, service or other waterworks which may be required by the fire authority in the discharge of its function to prevent or control fire. The mains, pipes, valves, hydrants or other waterworks provided under subsection (3) above shall remain ‘the property of the Board. In this section, “fire authority” means the department of the Government responsible for the service of the State, and also the body of firemen established and maintained by such departments of Government. PART VIII. - OFFENCES 39. A person who - (a) (b) (c) (d) (e) willfully or negligently damages any waterworks or services connected therewith; or unlawfully draws off, diverts or takes water from the same or from any stream or water by which any waterworks are supplied; or pollutes any such water or allows any foul liquid, gas or other noxious or injurious matters to enter into any waterworks or any services connected therewith; or without licence sinks any well, borehole or operates any other private waterworks; or manufactures, distributes or sells any meters in the State, is guilty of an offence and liable, on conviction, to a fine of two thousand naira, and to a further sum of one hundred naira for each day that the offence continues after conviction. Damages. Damage to waterworks and pollution of water, = = R e e n a ep ee e e r [CAP 12] 160 Abia State Water Board Law ‘ t :: Wasteand 40. (1) A person who willfully or negligently misuses or wastes, or id alteration of i é eerie causes or allows to-be misused of wasted water from any waterworks -passing into, through, upon or near any tenement, is guilty of an offence and liable, on conviction, to a fine of five hundred naira. (2) | Any person who alters or causes or permits to be altered any service ‘without the consent of the Board, or contrary to any regulations made under this Law, is guilty of an offence and liable, on conviction, to a fine not exceeding one thousand naira. a l r e e r ree r e a e e SSe S RE AS SUR T R A E TN es A N - a gE E T a e p e e a e oe Fraudulent. 41. A person who - measure- + eerae (a) alters or causes or permits to be altered any service with ‘water: intent either to — * (i) avoid accurate measurement of water by means of any meter; or (ii) obtain a greater supply of water than he is entitled to; or (ili) avoids payment for such water; or (iv) wilfully or negligently damages any meter, is guilty of an offence and liable, of conviction, to a fine of one thousand naira; and any service so altered or meter so damaged shall be replaced or repaired by the Board at the expense of such person and the cost of replacing or repairing any such service shall be recovered from the person by civil action. Bathing, - washing, 42. A person who - (a) baths in any part of the Board’s waterworks; or (b) washes, throws or causes to enter therein, any horse, dog, goat, pig or other animal or any bird; or any clothing . material or thing whatsoever; or (c) unlawfully opens or closes any lock, cork, valve, sluice or man-hole belonging to or forming part of the Board’s waterworks; or ua ; {CAP 12} 161 Abia State Water Board Law (d) causes nuisance by the accumulation on any premises occupied by the Board of any earth or excavation material or any foul, noisesome or injurious matter, and fails to remove such nuisance after a notice from the Board requiring him to do so, is guilty of.an offence and liable, on conviction, to a fine of five hundred naira. — 43, A person who, without lawful justification or excuse, the proof of which shall lie on the person charged, incites any person to refuse to pay any charges payable by him by virtue of this Law, is guilty of an offence and liable, on conviction, to a fine of five hundred naira or imprisonment for one year or to both such fine and imprisonment. PART IX, - LEGAL PROCEEDINGS 44. Neither the Board nor a member of the Board nor a servant or of the Board shall be liable in any civil action or proceeding for any damage suffered by riparian owners as a result of proceeding for any abstraction of water where such abstraction is made under the provisions of this Law. 45. (l) No suit against the Board or any member, employee or servant of the Board for any act done in pursuance of this Law or in execution or intended execution of any duty or function under this Law, or in respect of any alleged neglect or default in the execution of such law, duty or authority, shall lie or be instituted in any court unless it is commenced within three months next. after the act, neglect or default complained of or, in the case or a continuing damage or injury, within three months next after the cessation thereof. (2) No suit shall be commenced against the Board or any member, employee or servant of the Board respecting any act, neglect or default done or committed by it or him until at least one month after the. service on, the Board, member, employee or servant of the Board or a written notice by or on behalf of the intending plaintiff or his intention to commence the suit, stating — (i) the cause of action; (ii) the particulars of the claim; Indemnity. [CAP 12} 162 Abia State Water Board Law Service of process. Restric- tion on execu- tion. Representa- tion of the Board. Relation with other authorities. (iii) the name and place of abode of the intending plaintiff; and (iv) the relief claim. 46. The notice referred to in section 45 of this Law and any summons, notice or other document required or authorized to be served upon the Board under the provisions of this Law or any other law may, unless in any case there is express provision to the contrary, shall be served by delivering the same to the Chairman or other,person appointed by the Board for that purpose, or to that other person at the Principal Office of the Board. 47. In any suit against the Board, o execution or attachment or process in the nature thereof shall be issued against the Board, but any sum of money which may, by the judgment of the court, be awarded against the Board shall, subject to any direction given by the court, be paid by the . Board. 6 In any suit by or against the Board, the Board may be represented at any stage of the proceedings by — (a) any servant of the board who shall. satisfy the court that he is duly authorized in writing by the General Manager in that behalf; or (b) a legal practitioner or a law officer. (2) Sn this part, “suit” includes action or any civil proceeding commenced by writ of summons or in such other manner as may be prescribed by rules of the court but does not include criminal proceedings. 48. (1) PART X.— MISCELLANEOUS 49. (1) The Board shall have preference over other authorities in the use of water resources for public, domestic or industrial purposes and if any doubt exists as to the expressions public, domestic or industrial purposes”, such doubt shall be resolved by the Governor whose decision shall be final. "N Sepmerin aig IoD. Sasttnee yee ' [CAP 12) Abia State Water Board Law ’ (2) No person shall ex, (3) Any Person who does any work menti regulations telating to such Matters as in Proper execution of the provisions of this Law. 51. The Imo State in Abia State. Publi with the approval of the Govemor, make its opinion are necessary for the ¢ Utilities Board Law 1990 Shall no longer apply z