Adamawa State Rural Water Supply and Environmental Sanitation Agency Edict no. 2 of 1996

1. This Edict may be cited as the Adamawa Conuoenccmen&. nment al Sanita tion Agenc y Edict, 1996 and shall be deemed Supply and Enviro tlte l lth day of April, 1996. to have come into force on reqwrcs - .

2. In this Edict unless the context otherwise lntcrprela l.100. awa State Rural Water Supply and Environmental " Agency" means Adam Sanitation Agency established by Section 3; sible for Water Resources "Commissioner" means the Commissioner respon and Rural Development; ending on the 31st day of "Financial Year'' means the twelve months December in any year; State; "Government" means Government of Adamawa Admin i,trator of the State; "Military Administrato r" means the Mil itary and "State" means Adamawa.State of Nigeria. Emb l,- ol 11,o a body to be known as the J. There is hereby established for the state Agency, and Enviro nment al Sanitation Agency. Adamawa State Rural Water Supply Ag<ncy to be Body

4. Tite Agency - COl'J)Orate. (a) is a body corporate; (b) shall have an official seal; al property; and (c) may acquire, hold and dispose off real and person (d) may sue and be sued in its corporate name. Function s of Agency. follows -

5. The functions of the Agency shall be as enhan ce servic e levels for both Water Supply and Sanitation in the (a) to State; of rural women and cbu- (b) to greatly reduce drudgery and work load dren; ry means of excreta dis- (c) to increase access to safe Water and Sanita posal; (d) to improve programme sustainability; ed health of rural wome n (e) to achieve impact in terms of improved sustain building and women and children, and impact in tenns of capaci ty / I i 0 ,_ :_ -- -- -- -- -- -- .- -- -- -- -- -- -- :,~1,.::..~.-~ i ,.,. 0'!'~ AdamawaStaleRMral rl!aterS ~pplyand" Environmental SanitationAge ncy EdicJ 1996 ,empowe,nllellt at Local and State levels; • (g) lo establish a programme of systems development and capacity building; and institutiooal {h) to significantly C9Jltrib . . , ;,: ute to environmental issues, able linkages with sister prog improve SU5tifu1: rainntll6, contribute to the red diarrhoea disease and s t i uction m ~ growth and developmeut nities and the economy. ofCOIDIIIU:_;., ~b JM ili tcy --

6. The Military Administrat gi:nerat or special nature in the or may give to the Agency dire ctions of a 1 Pow as of A,pv :y. J 1he Aj,,ency shall comply wit ~; :.:f2i~=-=~-;.:~ 1111 exercise ofits functions IJJld h the directioos. er this FAict and J~ (b) c_onstmct ~y worlt for '!{atcr Supply or for En vir on me nta l~- • lion, on or m llJIY " (c) to dQ l,IIIYthing thatland m the Slate; and may lawfull av.E did-J9<J6 y be done to enhance itseffi dericym the exercise of its .functions.

8. (I) Tbereshall be for the Agency a PJOgl'8$Je Ma be the Chief Executive and nager who shall be appointed by the Military (2) The person to be app Administrator. ointed the Programme Manag •tained sufficient qualificatio er must have ob- na dro-Geology or any of the Geo n d ~ in the field of Geology, Hy- -Sciences. (3) The Programme Ma nager shall be responsible administration of the Agency for the day to day . 1inlctions of a

9. Witho111 prejudice to the '7dict,and Agency shall have the power gen eral ity of subsection (I) of Section 8, - the (a) to appoint such other staf f as it may determine; (b) to pay its staff such rem uneration and allowances as approval ofthe Commissioo it may, with the (c) to pay in respect of any er, determine; and staff such pensions and gratuit payable to persons of equival ies as are ent grade in the Civil Service State. of the -~

10. The sources of funds and resources of the Agency sha (a) soch sums or other propert ll be- y as may be advanml as loan appropriated to the Agency by , granmshall (b) suc.h sums or other pro the Govemmenl; perty whatsoever as.may be or grant to the Agency by a Tow advanced as loan nship, Local Government, Sta Co,poration, any Government, tutory Agency or Institution ofany vernment. an International Org such Go- anisation, Private Foundation person whatsoever; and or any , (c) all other sum s or property which may in any to or vested in the Agency in man ner bec ome pay ,:,,,':t able __ ..,,.,;,.:': ;•· respect of any matter inciden tal to its·die\·.• • :',2 • / functions and powers under this Edict _ ..,, ..._, •Irie· t: !-.,J ~ ~f- J . \, .) .\ ·'•( - - - - -- - - ·- Adam{llfa State Rural -Water Supply and £,,wironmentalSanitatiofl Agen'cy&lict 1996 Edict No. 2 of 1996 A5 U. (I) The -A~ botr ows wns uired byitfo its obligatimls!oo~g \1f 'Jts fuuc tio~ rmeet in an of er this Edict. g Y (2) .Thejx;~..6ttlib~t&#'tobonow sh.ul be exercisable only with the app ~·.or,thi:!;~ ~ r ·as to the amount of loan and the sources of t h e ~ Q)• ,m.-- -~i> teith erge nera l or limite d to a particular bom>w- ing.~;~tpU ,ciia illwo mwh ich the Milita ry Aduiinistrator may im- ~~·..:., ::/~~-;;t~,:,:.:._i.-;:{;~,)~",'. . >:::'.: '• \'

12. Thc ~sli llJJ- <f)~,,,-~ p q ; p i : r ~'d 'its transactions; and . {b)_,Kciq,-propet:~1t 1ati ng to the accoUJ )ts; and prepare, in respect ofeach fuwicial'·)'dlr, a statement of accounts in a folTil prescribed by the State Auili tt·General. {c) The books an11''licciounts of the Agency shall, within 3 months after the end <i'\Cichfuiancial year, be audited in accord ance wilh Consti- tution of the Federal Republic of Nigeria 1979, as amended by tlie ConslittlliM:(Suspension and Modification) Decre e 1986; (d) The Agency shall pay fees in respect of the audit to its External Au- ditols appointed by the State Auditor General who may pn,vide gUido- lines oo the level of fees to be paid to the Extern al Auditors; (e) It shall be the duty of the Agency as soon as po$.$ibleon receiving the , -~ Auditors report under this Section, to forwaro a copy each J.9•tbe.&a le Anditor-0:ncral, the Comm ~ooec ,! l ) i ~, and the Military Ad- (f) Tbe ~Alx litor- Gcoe ral may comment on the Agenc y's Annual A ~ and.·the;Extemat- AuditOJ's rqx,rt; aJ1d (g) Where.the State Auditor General ro~ l$ on the Annual A.®.ounts and tl1c External Auditor's report. be shall submi t his COUUDCJ!IS lo the Commissioner and the MilitaJy Administrato r. ,,

13. (J) Where after receiving a copy of the Audito Commissioner is satisfied that - (a) any sum due to the Agency bas not been duly r General's rq,ort the brought.to l\!X()U!lt Surcharge. \! by any person by whom such sums ought to have l becn.b ~ ii). to j account; or (b) a deficiency in the monies or destruction of the .prope,ty .of the Agency occurred by reason of the negligence, br~ of.()fijcial duty or other misconduct of any persons, 'the Commission er may $1,UCbarge tlle amount of such loss or destruction of the proper ty upon that per- son. . (2} Before exercising his power under subsec tion (I), the CoJlllllissioner may by writing appoint a person to conduct an inquizy for the purpose of determining the cause or extent or value of deficie ncy, loss or destruction refecred to in subsection (t). (3) If tbe Commissioner decides to surcha rge any amount upon any· per- son under subsection (I), he shall cause a notice to be served on that person Adamawa State Ru ral Water Supply an d Environmental Sartlta ,tion Age'!.cy Edict 19 or his legal represent 96 ative to pay the amoun as may be specified t surcharged within suc in lhe notice. h period (4) Notwithstandin g subsection (I) an d (3) be incurred by any per , no liability to surcha son who can prove to rge shall sioner that he acted the satisfaction of the in pursuance of, or in Commis- resolution ofthe Agenc acc ordance with the ter y, or any Committee ms of a duly appointed undert 1/,covery of hi..qE.lict. Su ,~ . 14. Any amount not ified as a surcharge 13 shall be sued for under subsection (3) an d recovered in any of Section the Agency with full court ofcompetentjur cost of action from the isdiction by is surcharged as a deb person upon whom the t due to the Agency. amount Conlributioo S<:hcmo

15. (I) Th e Agenc r91 Officers and y shall within one yea J!,mptoy,,c, of this Edict, establish r after the coming int a contributory schem o force of ~•n cy. (2) Fo r the purpose e. for its officers or em of subsection (1), the ployees. (a) gra nt pensions, Agency shall - gratuities or other ben or employees of the efits to any of the off Agency an d their dep icers such officers or emplo endants an d may req yees to contribute to uire toiy SChell\e; ' any pen sion or contribu- (b) grant loans to any of the officers dr emplo such purposes as the yees of the Agency for Agency may 1c1pprove (c) provide welfare ; an d facilities to its office (3) Th e Agency sha rs, or employees. ll make regulations to give ·effect to. the Sec Action by or again.st tion. A&<.l!fY· 16. The Agency ma y sue or be sued in its 3i~ (a) no suit against the corporate name provid Agency or any servan ed that - for any act done in pur t or employee of the suance of any of the fun Agency in respect of any alle ctions of the Agency ged neglect or defaul or function shall lie or ins t in the execution of tituted in any court unl such thi n 12 montbs next ess it is commenced wi after the act, neglect - in the case of continuin or default complaine g damage or injury wi d of or ter tile ceasing tliereo thin 12 months next f; an d af- (b) no suit shall be commenced against least after a written the Ag ency until one month notice of intention to at have been served upo commence the same n tile Agency by tile shall agent; an d such notice int end ing Plaintiff or his shall clearly an d exp action, tbe particula licitly state the cause rs of tl1e claim, the nam of •tl1e intending Plaint e and place of abode Appeal $8!11inst iff an d the relief which of Swchnrge and he claims. Com p~ ion. 17. Any person who is - (a) aggrieved by the decision oftbe Comm upon him, or issioner to surcharge any amount (b} dissatisfied as to tl1e amount of com may appeal to the Hig pensation payable und h Court within 30 day er tl1is Edict, cision or tlie award of s from the date of the the compensation. de- Almual Report,

18 . (1) The Agenc y shall, as soo n as each fin ancial year bu possible after the exp t within t11e first quart iration of er after t11e ten nin atio n of tl1at Adamawa State Rural Water Supply and Environmental Sanitat ion Agency Edict 1996 Edict No. 2 of 1996 year, cause to be submi A7 tted to the Military Ad of the Agepcy dealin ministrator an Annua g generally with the l Report li Agency within tha t yea r which shall, withou activities and operat ions of the the foregoing, includ t prejudice to the gen \ e- erality of (a) a copy of the aud ited accounts of the Ag (b) a statement of all ency; tl1e directions given to tion 6 of this Edict; the Agency under Se c- (c) report submitted by the External Audito this Edict in relation rs wi der Section 12 of to that financial yea (d) such other inform r, and • ation as the Military quest. Administrator may re- (2) A copy of the An nual Report sha ll be for Commissioner. warded by the Agenc y to the

19. (I) The Agency shall give nities wh o tl!rough the financial and material ir Village Unions or support to commu- s.pp ort lo constructing boreholes other organisations em , wells, dams or any bark on Cxnmmitics. table drinking water or work for the provision any such construction of po- ronmental sanitation. works for the purpose of envi- (2) Fo r the purposes of subsection ( I) a vil may impose levies on lage or any other org members or its commu anisation construction work and nity to raise funds for may organise commW any work. !al labour for such constru ction MADE at Yola this 11th day of April, 19 %. COMMISSIONER OF POLICE MUSTAPHA Mi ISMAIL IitaryAdministrator A damawa State ofNig eria EXPLANATORY NO (['his note does no t for TE m part of/ his Edict an Is intended to explain d ha s no legal effect b~ its purpose). t It TJ)e purpose of this Edict is to establish Supply and Environm an Agency for Rural ental Sanitation in Ad Water arnawa State.