State Water Board Law (CAP. 149)

- l:',:1~ Bee \\'\TLR 80,WD \,-; Emc-r TO PR, ,vioE \\ ,nR rnR TII' Pwr, r. 1,,,;is1 ~Y ,~o J\f;RtCU[TUR[ ss. 19, .. • [I hr.11ar1· 198•11 lh1n,f l'ART 1-PRF'.l\!!N,RY I. This Edict may be cued as the Watrr Board Edict. 2. In this Edict unlc~s the contC\t othcl'w15c requires:~ lmcrpre:a, 110n "assessed ,aluc" an relation to a tenement means the cn.pirnl. annual or unimpro,ed ,·alue at which the teneme111 is for the 11me bemg assessed: "the Board'' means the Water Board cs1abl!shcd under section 3: "catchment area" means an,· area of land or "ater from \\hich water contributes lo the supply of any water works; "the Chairman" means the Chairman appointed under sec­ tion -I; "Commissioner·· means the Commissioner for works: "'d"elling house" means any premises used wholly or mainly for the purposes of private dwelling, wnh or without an) garage, outhouse, garden. compound, )ard. coun. forecourt or other appurtenances belonging 1hcrc10 or usually enjoyed therewith: Hcxcess consumption" means:- (a) 111 the case ofa tenement in respect of which the general water rate is not pa~able. any quantn~ of,,atcr asccr• tained b> meter as ha,~ng been used 111 such tenement: (b) in the case of a tenement in respect ofwh1ch the general "ater rate is paid. any quantity of water ascertained by m trr ;1, h t\'im ,cen u,t·d in ,ch te ·-:·'11tnt 1n c-,rc~, ot suth mc>111hl) illowan··cs as 1113) be pr~snibcd: "11 ... ncial yca1" mc~:11) the twelve month:,. cndil\~011 t!,, )1st da) of December in an) )Cai: •• Jth~rt- grnu:1d .. means a,1y s.i Jrcc of !::tnr water \' hich t(tllccts r.unfoH for the purpo"C"'-or any wati:rwork,: .. the Government" means the r;ow111men1 of the State. .. Governor .. means the Governor of the State: .. health offic,-r .. includes a medical olliccr of health. a hc:•lth 1nspcctor 01 other per.son acting under the authority. whctl,.:-r i,,-ncral or special. of the medical 11:ticcrofh,·alth and whether such health mspcctor or other pci,on 1s sen i11g 111 the mcciical or health d,•panmcnts of the Go\t·rnmcn: or 1\ 111 the sn,·ice of a township authorit; or local authority: "member" means a member of the Ooa,d and includes the Chairman: "meter' means a11) appliance used for measunng. asccnam­ mg or regulatmg the amont of "atcr taken or used from any "aterwor~s by means of any scr\'ICe: ··metered sup1>ly" means a supply by means of.i ~crvicc where the water supplied is measured by meter, .. occupier .. means the person in occupation of a tenement in respect of which the "Ork is used or any part of such tenement. but docs not include a lodger; .. owner .. means the person for the time being rccei, ing the rent of the tenement in respect of "hich the work is used. whether on his own account or as agent or trustee for the other person. or who would receive the rent if such tenement were let to a tenant and includes the holder of a tenement direct from the State ,-1Je1her under lea~c. licence or otherwise: .. pri-:ate suppl!·· means a supply b} means of a service 10 any tenement for the purpose of supplying water to be used solely within the area of such 1encmc111; .. public fountain·· means any i'ountain stand pipe, valve. tap or appliance used or intended to be used for or 111 connection w11h the supply of "ater to the public from any \\atcrworks. and ves:cd in or erected or hereafter to be erected bi the Board and wh:ch 1s the property thereof: .£1:T'M'I: JI ct. r !iaa,·d .. ;.,ui.·ic: ,1111ph •• 1 •1 ·1c. ':! supn~~ b: ·:ms •f ~n) ruh~ fount.11t1. ~tnndpipi..·. \ .1lv1.". t:1p ,11 othc· •piPr1 c-fo, ~.uppli ing watc1 w the pul"llh: other than a prh .. 1c..· '-Upp!y: ··sen.-i .... m,·ans nll pipe,. vah {"S. cish.1 n, fittings and ot wr apph, ·ices. other ,han ~ n1cte1 b) or t11rough which "~trr tlo,,-, 01 ,.., mlendl·O to flow from a wntl'r,"01k,; .. the Stat,· .. means the Snkoto State of;, ·c11a: ··s1rcct .. includes an~ square. co~1rt, h1gh\,.1~. rc.:.1d. rhorour.h­ fa.rc or public passage or place over whic11 th.: public have a right of wa}: ··1en.:mt·nt'" means :rny hrnd \\ith or w1thm1t ln, ldings whirh is hdd 01 occupied as a dis11nc1 or scpar.1tc ht,lding or 1;·11a11r1 ofa.1, \\harf or pier: .. ""'''""irks·· means all rcscnoirs. pond,. boreholes, a11tl wells which arc used with anv dam. weir, tank. cistern. lunnt:I. filter bed. condu11. drum. c·np,ine or an; other struc1111c or appliance used or co11'1ruc1cd for the storage. con,·c)a11cc. suppl;. mcasuremcm or rcgula11on of "at,·r. PART 11-brABLISHMENl. CONSTITUTION AND rtJNcnON OF rnc Bo,RD 3. There shall be established for the State a body called the Water Board which shall be a body corporate "ith pcrp,·1Ual succession a11d a common seal and shall ha,c power to sue and be sued in m corporate name. Es:~~l1s:,. merit oi1he Boord -1.-( I) The Ooard shall be composed of the following members Cocstnut1on 10 be appomtcd by the Go,·ernor.- t;~d (a) a Chairman: (.") the General :-.Ianager of the Board: (c) the Permanent Scerctar). l\l mis try of\\ orks: (d) the Permanent Sccrctar,. Ministry of Trade anq Industry: (e) Perm,1nent Secretary Economic Planning: and lf) not more than three other persons of pro,en mtegrn,. "ho m the opmion oft he Governor" ill represent adequate!, the mtercs1s of the \\;Her consumers. .1770 RC'nlUIICra• tion. Vacation or office. Supplcmen• t~ry pro-­ vmons Schtdult. Dulin of the Board. CAI'. 149) Wa,cr But1rd (:') The Chairman, and oil.er ml·mbcr:-, other !han ex~oJiici:J ni.:mbcrs shall hold office fo.-a pcri,,d of tl,rcc ye~•• from the <late of their appointment and shall b.: ~,igibk for rc-appoimment. . (3) Any member other than ex-officiom<·mbcr, maybynoticdo the Governor resign his appointment. (4.) Any vacancy occurring in the membership of the Board shall b~ filled by the appointment of a successor who shall represent the same interest as his predecessor. (5) There shall be paid to a member, such remuneratiort and allowances as the Governor may from time to time determine. (6) The seat ofa member shall become vacant on the occurrence of any of the following events:- (a) his death; (b) his inability, resulting from any cause, to disc~arge the function of his office; (c) his conviction for a criminal offence involving fraud, dis- honesty or moral turpitude; (d) his resignation; (e) the dissolution of the Board; (f) his removal by the Governor for misbehaviour or other cause. 5. The provisions contained in the Schedule shall have effect with respect to the cons1i1ution and proceedings of the Board. :!! :1, ;:ii -.~ :i ~ tj ·t :r ,~ ,t ~!'l =~! i ·,., .. :11~{ -~-, ~- ~ ,{ -&i'fi 6. It shall be the duty of the Board subject to the provisions of ~-. tl~ this Edict:- "I (a) to control and manage all urban and- semi-urban water i .f supply vested in the Board under the provisions of this ,1 I, Edict; • :lf. t (b) to establish, control, manage, extend and devciop such new -}; -ft'• . .' or existing supplies as the Board may consider necessary for ~ 11 • the purpose of providing water in order to meet the require- ,1;, , , . ments of the general public, agriculture, trad~ and industry l j' 4 • in the State; 'ij if . ~,­ ~ir'· trr '··;,.,:, i :.; ~·[. ·"'? rt -111!!!!!1 Waier ]Joard {c) tel cnc.ure th:n water is S\:pplic:c.1 w tl1:.: <·unsurners ;i1r.rl·ol ;:t n:ar,,,:,;1:Jle cimrgl"~ and i11 ~uitabl,: qualliy ciad qu:!ntity: (,/) to o;~;,nise :?te conduct of ronoprehrnsivc research 1'or thr purpu,es of the lleo~rd fr,Ha time to time on ,natters rdmin~ to its functions under this Edict and to submit the result of such researd1 to the Commissioner for the utilisation of the same by him in the formulation of policy rclatin!', to 1lic supply and usage of water in the State; and (<-) with the approval of the Governor 1111: Board may, in respect of any function, service or facility which it is authorised to provide or execute under the provisions of this Edict:- (i) make arrangements or enter into agreement with anv go,·ernment department, statutory institution, author­ ity, or any other body; (ii) delegate authority to any member, officer, servant or emplo>·ce of the bodies listed in sub-paragraph (i) abo,·e, as agent for the Board. 7.-{I) Subject to the provisions of this Edict the Board shall. for the purpose of carrying out its functions under this Edict, have power to carry on all activities which arc necessary, advantageous or convenient. (2) Without prejudice to the generality of the provisions of subsection (I). the powers of the Board shall include powers:- (a) to adopt with or without amendment such master plans for the maintenance and development of its undertakings as its officers may prepare and submit from time to time; (b) to construct, reconstruct, maintain and operate waterworks, necessary for the discharge of its functions under this Edict; (c) 10 carry any water pipe through, across or under anv street or any place laid out or intended as a street, and after giving reasonable notice thereof. into, through or under any lands whatsoever without paying any compensation, but making good any damage done; • (d) to extract water from any lake, river, stream, or other natural source; (e) from time to time to examine any surface or underground Gtncr.tl Po"·tt of lhe Boa,d. .. ...,, I f i I· l· ! wt!t;.;rs for the purpost o!· dt"tt'rmmin~ • hat i:any. pollut ••n c~ists and the tJ\•5CS thucof: ( () lO enter upon ;my )an\i at auy time for p~1r· JS~S C1f layi ?~.!.. • cxamininr,. rrpairing or rem0vi11g ..-111) ,,at ·-pipe lhi: pro• peny of the Board; (g\ io construtt public fountains 111 an~ t;trt:ct or other puhlic p!acc: (h) m an, umc between the hours of six o·clock in the morning and six o·clock in the afternoon. or 1n case ofur?ency at any other time. 10 enter into or upon any h·ncmcnt mt~ or upon "hich anv ~crvIcc has been laid or into or upon wh1cl1 water from anv' w~1tcrworks is supplied or llcnvs. so as:- (i) to 1:,sptct any srrvicc or meter a11d to ~scertain whether then· is all\ wastage. leakngc. obstrucuon or damage to anv scrvicC or meter therein and an) thing in conm:c• t,o·n therewith; (ii) to ascertain the 3mount of ,,;1tcr taken or use.d: or (iii) to d1sconncc1 the supply of water 10 any tenement. or to diminish. withhold. ordivcn the suppl) of water to any tenement through or by means of an) service. either wholly or in part; (i) 10 diminish. withhold. or suspend. stop. \Urn off or divert the supply of water through or by means of any service or public fountain either wholly or in pan whcnc,· er 1 hc Board shall think necessary or proper and\\ nhout pre;ud1ce to an~ liability 10 pay any water rate. meter renl or other sums clue or to become due under this Edict: Ul io enter into contracts as may be necessary. advantageous ~r expedient for the perfonnance of its functions under this Edict. including contract for the construcuon or extension of waterworks or the bulk supply of matcnals: (k) to acquire, purchase. lease. mongagc. hold. construct. man­ ufacwrc or maintain any property whatsoc:er whet~cr movable or immo,·able required for or in acco rdancc wnh the performance of its functions and to sell. dispose of. or otherwise deal with such property or an) part thereof: (/) 10 enter into any agreement with an; person for the supply. construction, manufacture, maintenance or repair by that -- ---------- p ·rv,,... l: :m~ prop~rt) ,·,11ct1 ~o,.~ le oi imnll 1 !,h·. , ni . ..11 t~ 1wc\· .... sar~ 01 ai ·,rop11, .c fo: ; -~ purpo<:•'!- ·h. ' oat :1. sub.1rr! to th•, same pnH 1siOJ1\ m p?.ragr;.: 1.1 (f) of thi!i ,ubscction ,vhich prnvisio1.s ~hal'. appl) ,n rc5JlCt'l t,l this paragr.tph with <.tny nrces~:11y adaptation, and 111odifi­ ca110!l".>~ (ml 10 d..-, ,,nyth111g for the purpose of advancing th< ,I.ill ,,1 person, employed b, the Board or the efficiency of till' equ,pmcnl II operate, including the provision o' fac1lit1c, for training, cduc.atio:1 and rcscaich; (11) to surrender. re-transfer or 1c-assign an) security h~ld by the Board whether upon c:i.ch:rngc fo1 another security or dis• charge: (o) in relation to any security held by 1hc Board. to excrtis,• an) po•.,cr. rich1 ,,r privilege in rcsprct 1hcreof•.,hich a private md,,·iclual would be capable of exercising in like circum­ stances: (p) to make. draw, accept or endorse negotiable instruments: (q) 10 in"cst money standing to its credit. and not for the time being required for its purpose under this Edict in st0cks. shares. debentures or othl!r ~ecuritics whatsoever approved bv the Commissioner. and deal with such stocks. shares debentures or other securities: (r) IO enter mto any commitments, agreements or other ar­ rangements in respect of the provision distribution. suppl, or sale of \\atcr: (s) to msure its property against all forms of risks: (;J "ith the approval of the Commissioner 10 offset bad debts. 8. The preceding provisions of section No. 7 relate only lo the capacity of the Board as a statutory corporation and nothing in the said provisions shall be construed as authorising the disregard b) the Board of any wrillcn Edict. 9.-( I) Subject to the provisions of this section the Board may appoint one or more committees to advise or take any other action as to the 1mtia1ion, administration or progress of any project which the Board may undertake or in which it may participat~ or for an) other purpose. whether gcn("ral or special relating to the L1r.11t::t:on~ of the Board. Com:nn:~. f'o~tr of 1hc: Go,rrnor 10 d:retl th~ ~arJ C.\1'. l•W; fun ... ,,.~ t'fth hl1:trd. w!:icit 111 the c.•11i11ion c•: ''-:~ l :.ird \\ , l,J b .. be! ·r n!i:ub.tt or 01:1 1agcd h) 1n~,111s of:\ t umir~ttCi". :mo ma\ dt·k,-.i.tt• c ndllhtmtll)' or oth,~r\\ :,c rmy function e,Lrci~ahlt h) th\.· n<,.!;d undl!r thi'.) EdH· to a ( on11nillcc: ~rovic',•1.. that thl· power ~o make rul~s or rc:ul2·10:1s or to b0rro,•. r.,one. ,hall nm b. dck;;,ucd to , :iy rn:nrnitt,·~ hi the Board. (2) The number of members of any ro111· .ittc, appo111tcd under thi~ stet ion. the Clrn1rrnan oft he comm Ill< e, the term of office and remunerauon of th,· members shall be ;uch as the Board may. with the appro,al of tla· Lommissioner, ,pc.:ify. (3) Ani comm111cc appointed under this section may include. \\Ith the appro,~1 of the Comm1~1011cr. persons who arc not members of the Board but wno possess sucl special 1JUahf1callon or expcnence as 111 the opinion of the Board would prove beneficial 10 the work or purpose of the co111mi11cc; Provided that the majori1~ of the members of every co111mittcc shall be member, or officers of 1he Board. 10.-(1) The Governor, may 111ve the Board such general direc­ tions as 10 the discharge by the Board of 11s functions under this Edic1 as II appears 10 the Go"ernor 10 be necessary 10 ensure conform II) b) 1hc Board with the policy of the GoYernmcnt for 1he time bcmg m respect of the supply and distribution of\\ater m the Staie, and 1he Board shall give effccl 10 any such directions. (2) The Governor may give 10 the Board specific directions for the purposes of remediing an) defect which may be.disclosed in the arrangements of the Board for the discharge of m funcuons under this Edict and the Board shall give effect to any such directions. (3) The power conferred by subsection (2) on the Governor shall include power 10 give directions prohibiting or limiting any expenditure proposed to be incurred by the Board which appears to be excessive or unnecessar.,1. (4) The Board shall afford to 1he Commissioner facilities for ob1a1nmg mformauon relating 10 the asse1s and liabilities and funcuons of the Board. and shall furnish him wnh returns. accounts. minutes of meetings. and other informauon relating [C..\l'. J thcrtto, ;mC s~:il :1ffon: I hnn fa.rib! ·, fo 1c , • ...i:fic;1t1,,n Cli" 1nfo1 m.:!~on f.1r111sht d. IH \llCh ,.1~mu n1tt su\ umc .,, ii ... 1:1ay icqu.irc. f>,,RT 111-Fr'ln,.....:, ,,L J>P•J',blO~s: .\s, 1.;,1~~,:xn Ll\E Jr.:S(•. 1111 Bo . ..ru> ., 11.-(1) \II ""1crwo1k, "hich arc 11,cd or have bc1'n con- rrar.,r,,,,ct ~11ur1d bi oron bchall of the Gowrnmcut and arc the property oi " 31""'' ''· tlw Government 1mmcch;11ch before th<" commencement of 1l11s f'd1e1 shall ,·est in the Board. by ,·irtuc of this l·dict and without fun her l\ssurancc, arid such ,·cs1ing shall extend 10 the whole of the watcmorks (hereinafter referred ,o as ... 1 ransfcrrcd Watcnv<)ri.,·) i11cluding all lands. wo, ks. and other property. asscls. powers. nchts and privileges pena111111i; thereto or held or cnJoycd m connection therewith. (2) All liab1l11ics and obligations of the Go,ernmenl 111 respect of :iny "Transferred Wa1crworks" falling clue or 10 be discha1gccl on or after 1hr commencement of this Edict shall become 1hc liabilities and obligations of 1hc Board. (3) E'"et,· deed. bond. agreement. 111s1rumcn1 and "orkmg :,rrangements to which the GoYernmcnt was a pany for the construction or otherwise m rcsoect of anv "Transferred Watrr­ "orks", shall subjecl to 1hc pro~isions of 1i1is seCl!on. and unless the circumstances 01hern 1se require, have effect as from the commencement elate as if:- (a) the Board had been a party thereto; (b) ani reference lo the Govemmenl therein. there were substi­ tuted a~ respects an~ thing 10 be done on or after the commencement date as a reference 10 the Board. ( 4) When "Transferred IVatenvorks" arc vested in the Board. the Lloard shall acquire in respect thereof. the same rights. powers. privileges and liabili1ies (including the right 10 sue or be sued) as were available lo the Government 10 ensure the continuation of the good management and administration of the said waterworks and appendages. • (5) In 1his scc11on:- ..propeny •• \\lthout preJudice to the generality of11s meaning Fu~:h,1:-t<.! rcSCUf(l:'S ol the Bo.u\1 an~ :ippllc,t• l\011 al ll~ :·e\CTIUC' Ch:st~c,; 3f,,1lr.St So3rd rC"Cf!UC. J L\P. ~ 191 :ter .:1ard in . .:lcdc, lmil<l.1w:) ani. .1ppu· tcnanrcs. :tlocks C'f fuel, parts. ,.~ces~orit',. ~t-~tlt:!). m~ .. .:riah. iin1.::--lment"-. funt~"'-loan~ and 'Kcounts recC1\'abk claims and lit· :s. J 1.--( l) The fund, and resources ol the Board shall cons•\t of:­ (a) all sums. ,nvcstmcnts or o: ,er property "hatsoe, er vested in the Hoard by provision o: section 11: (/,) such sums or other propc1 ty "lmtsoever as may from time to time b..: advanced b) way of loan or gu:1rant-.=c to the Board b} the Go,ernme1n: (c) such sulll'- 01 other propcrt~ ,,,..hatsoever as ma~ from time to time be advanced by wa~ of loan or granted to the Bonrd by any township authority. local authority or stnntlory corporation in the State, any other Govcrnntcnt in Nip,cria or an~ :1g;;ncy or institution of any SUC'h Government. any intern:1tionc1I organisation. any private foundmion or any person v.-hal~oe, er: (d) an~ invcsuncnlS or 01hcr property ,,•hatsoever acq~iired by or vested in the Board: (e) money earned or arising from any of the investments or other property whatsoe,·cr acquired by or vested in the Board; ({) all other sums (whether as water rates or water charges or • othCf'-"isc) or other property whatsoever which may in any manner become pa) able to or vested in the Board in respect of its powers and duties of any matter incidental thereto under this Edict or by vinuc of the provisions of any other Edict. 13.--( l) The following charges shall be out of the revenue of the Board for any finnncial vear:- (a) the salaries. fees and allowances. pensions, gratuities and other retirement benefits. of the officers. scrv~nts. other employees and agents. technical or other ad,;isers of or consultants to the Board: (b) all expenses of working and management of the Ooard and i1s "aterworks and other properties including proper pro­ vision or depreciation on renewal of assets: I' 11cr Boar (C') '.'!UCh c;.ums indudi1:; c-om11.·asatwn ,, h1rL 111 hr p~yabl·: l,~ the 1~oard 10 ,rn, pc-r' in or m,tho: itY u~ -r thr oro­ \'1s1ons of th,.., [diet or any oth..:r J;dic1· (d) 5-L:rh 111inor\\orks<, • l.."3p1t21nan :is~ Bl' ·dm,i.: dcc-ril ril!cc~~;:ry from tin1· lo tin1e: (c) t[Jd\CS. ,Jlcs and other k,·ies payable bi the 130ard under am· :rn. • (.{) interest on an; loan r,.iscd bv the lloard· (.;') sums r equirect to be transf~rrcd to :111~ sinking f"nncl or 01hrn\lS< set :is1dc for the purpose of mnking provisinns for the redemption of clcbrntures. stocks. or other securities or the rcpa~ menl of Olhcr loa:1.s: (Ii) such other sums as the Commiss111nc1 ma, approve for payment out of the r,·vcnue account of the l!~ard in respect of any financial year. (2) The balance or thl' 1cvenue of the l.loar<l fot any financial yrar shall be applied:- (a) to the creation of general reserve or such other reserves as the Go,ernor ma~ from time to time approve both in regard to their max11num amounts and in other respects: (b) lo the repayment of such interest or part thereof on the advance account rcfrrrcd to in section 14 as the state of the Boards affairs appears. in the opinion of the Board and wnh the approval of the Governor. 10 warrant. 1-t.-( I) It shall be lawful for the Government to give to th, Board:- c (a) grants of any sums or property as the Government shall deem fit: (b) loans upon such terms as to repayment. payment of interest or othcnv,se as the Government ma) determine. (2) The Governor may. if he deems it expedient so to do. waive 111 favour of the Board any right of or liability to the Government 111 respect of anv propcrt) ,·estcd in the lloard b) or under the prov1s1ons of scet 1011 I I. (3) ·o soon as m~) be after the commencement date the Board shall m respect of any moneys (other than grants) advanced b,· the Loa:is ;md iran1s b, the {,io\·cmlTiert and ;ad\-:tnCC: account for \loOrkm& c;.puai P()',t,'e!' !O boft'O\\ mone~--- Debentures or the Gov­ c1nrnc:n1, Govt:rnor to appoint Gt'neral \1;:anager c1c. Gr .. rnment to proY•,de work;nt' ,. rµhal far the J;, ·?.n.i. catc ... :1 .:h.h·~n~~e :1.ccount in ra,·vur oflht· G1wcrn!Lei:t ol .. a1no~n1 equal t,J :h-.· to:al M·m of n ,-ne:-~ s., .1C,;1 nce<l. \4) The acvanrc ;1crnun, rekllcd to in su: ·,w11, (3) shall be .s;.1hjcct to such (~ontlitions as to inttrcst and rcp;1~ment a--; th...: l, crnor may from time 10 tinw dcttrminc 15.-( I) Subject to 1he pro, is,ons of this scc11on tl:c Board mav. by issuing debentures, stocks or Other securities, or m any othCr manner. bon·o\v sums rcqt11rccl by it for mccling any of its obligations or discharging any or 11s fu11c1ions under 1his Edict. (2) The power <>f 1he Board to borrow shall be c,crcisablc onh with the approval oft he Governor a~ to the 3mount oft he loan. th~ sources of 1he bo1 rowing and the approval given for 1he purposes of this subsection may be either gc11cral or limited 10 a panicular borrowing. (3) •\ person lending money to 1hc Board may enquire.whether the borrowing of the mone)' is within 1he po\\crs of !he Board. 16.-(I} lfthc Government makes anv loan to the IJoarcl ai anv time 111 accordance with the provision; of this Edict. the Board shall. if so required by the Go,·crnor. issue to the Governmcn1 debentures of value equivalent to the same loan. (~) Debentures issued in accordance wi1h the provisions of subsection (I) shall bear interest at such rate. if any. and from such date as the Governor ma; specify. PART IV-ADMINISTRATIVE ORGANIZATION 17.-(1) The Chief Executive Officer of1hc IJoard shall be its General Manager who shall be:- (a) an experienced Administrati vc Officer: or (b) a professionally quaiified engineer with sound experience in wa1er supply engineering and management who shall have uhimaie rcsponsibilil) for the carrying out of the policies and decisions of the Board, in accordance with the pro­ visions of this Edict. (2) ':· the 1.',scharf!e o.r-1i~, fu; .ion'> t~ t.1~1wra1 1.:~n::-t}~\'I !:hall bt.: a~: ,,:ed an of irer f the . 0artl l,\ .. kr.o·.\a 2s .•\\•.,;:,tam Get'!t1~:: ~i:· .ger ,vho sh.tll le~ profc~::-,onaily qu..:iificd - ·1ncrr with s.uunci 1.:xpcf!encc of ,•,:'!tcr !)Upp1y ulf,lt1c• .. rinr ('J~c1 ni- nage­ mcnt an;J shall bi· n:::spof!:;iblc to lite Grnrrnl ~lanr•~:.:r fo, th,· co­ ordination uf the functions and the genc,al supenision or all 1hc major dcp:~rtm•:nt~ of the Board. '-Ubject t() the ultimate ;;1dmrnic.­ tr:ni,·e direc1i0r and control cf the General ~l::mager. (3) Tl:crc sh;,:! be a ~ecrcrnry to the Boarcl who shall subject to S«:e:.," the provision< or lilis Fdict, have snch fnncuons ofan admi11istra- 1i ve nature as the Gc11cral .\l~nagcr or what the Board may from time 10 time :1ssign to him. (4) The Guwrnor shall appoint and c,crc1sc disnplmar) con­ trol over the General Manager, Assistant General ~!an ager ~nd the Secretary. and determine their terms a11d co11ditions of service as 10 remuneration or otherwise. Those appointed shall be subject 10 tht pro,isions of any regulations or rules th:11 may be made under section W or 21. respec1i, cl,. 18.-(1) Subject to the provisions of this sec1ion. the Board shall have power to appoim and exercise disciplinar) control over such other officers, servants. and agents as it may think necessary for the discharge of i1s functions under this Edic1 and 10 determine their terms and condition~ of services as to remuneration or othernise. (2) The exercise of the powers vested in the IJoard by subsection (I) shall be suh1ect to the provisions of any regulations or rules that may be made under section 20 and 21 respcctivelv. ;\ppQint· :nent or naff Cl('. or lhi: Ho.:ard. 19. The Board may with due agreement, employ on second- Serondment mcnt officers of the public s.crv1cc of the State or in the service of ~f~~~los\i~r any other State. township authority or local government. Such ces. cmplo~ment shall be in accordance with the procedure applicable to the secondment of such officers. 20. The Board may. with the approval of the Governor and subjec\ to the provisions of this Edict make regulations with respec1 to the appointmenl. promotion. transfer and dismissal of. and exercise of disciplina~ comrol over its employees and without PoY>cr :o make regul;,­ hons for cm­ plo~tcs 2i8Q Powtrto make rule5 rc:L:ating to ftlircment benefits for employees of the Board. RalCS and saln of c-h,1,rgcs for Wltcr. prejudice 10 genernlity of the ;",,rcgoing pro,·isions. make regula­ tions for any of the following n::,ncrs:-. ia) the qualiftrations to be required for appoint;nc~t; (b) the metho:1 of appointment (inctc,ding i,robation and confir­ mation); (c) the form of any agreement to be entered into between the Board and its employees; • (d) the terms and conditions of service (including without prejudice to the i;ener2lity of allowances, the grant of advances, the provisions of quaners, leave. medical and dental treatment): (,•) the procedure and requirements for promotion; (fl the maintenance of discipline (including dismissal and the • termination of appointments); (g) the transfer of employees between the Board and the Gov­ ernment of the State, any other State, township authority or local authority, or any statutory corporation; (/,J such other matters relating to departmental procedure and duties and responsibilities of employees as the Board consi­ ders can be best ·provided for by regulations. 2J. The Board may, with the approval of the Governor, make rules, with respect to its employees, for:- (a) the pensions, gratuities and retirement allowances to be granted to pensionable employees of the Board and their dependents; (b) the gratuities and retirement allowances 10 be granted to pensionable employees of the Board and their dependants; (c) all matters ancillary to the matters mentioned in paragraphs (a) and (b). PART V-POWERS A.= PROCIDURI: IN RESPECT OF WATER. SUPPLY A.'ID WATER RATES ••• 22.-( I) The rates and scales of charge for water sliall be such as the Board may, from time to time, with the approval of the Governor, determine. Water /Joard (2) Subj~ct '.o tl1e· p rovisions of sub~cctiun {I), ;di chaq:,:s for water sold m bulk or d1rcc-1 to consumers and fr,r scrvic~s rc11dcrcd by the lloard shall L·c fixrd at such rates ancl at such stales tiiat the revenue for such year from every sourrc-will be sufiicicnt tr. pay:- (a) lhe workini; expenses and other outgoings , .j the Board properly charged to income in that year; (/,) the payments falli11g to be made in such year by 1hc Board in respect of the mtcrcst on or repayments of tht· principal of any money borrowed by the Board; (<') such sums as the Board may think proper to set aside in that y ear for a general reserve, extensions, renewals, deprecia­ tion, loans and other like purposes. (3) Charg~s for water or services may, if the Board thinks ii fit. be fixed at different rates and scales for different localities. 23.-( I) The Board may, in any area, with the appro\"al of the Po~" 10 Governor. by order direct:- • • levr r.ucs. (a) that there shall be levied and paid a general water rate ofan . amount and assessed in the manner hereinafter described:- (i) the rate shall be levied in respect of tenements in such area. and in such case it shall be assessed on the assessed value of the tenements and shall be such percentage of that value as the order may prescribe; . Provide~ that where a tenement is supplied with an internal pipe supply the general water rate may be increased in respect of that ·tenement; (ii) 7very person of eighteen years of age and over resident m such area shall pay annually such sum as general water rate as the order may prescribe; (iii) there shall be levied annually in respect of every tenement such sums as general waler rate as the order may prescribe; or (iv) persons resident within a defined area may be divided into classes, such classes being assessed for general water rate by one or other of the methods of assessment hereinbefore described and shall pay general water rate accordingly. Provided always that no person shall be assessed for JI,, ,rl3oan 1 ---- ----- -- ---------- ~('nt I wah. ra:c ·n r~rirc \11,,n or... lf the va; tm!<; man ·rs b:.:r\.°mbef,·,re n,c-ntion, ·d. th,,t :here ~haU be ext·" t fn.--.m such ~r.-n("1UI w~th .. ·r rntr ; .. ?\ te 1ement o:- class of~. •lCmc ns. Oi an~ p~1!:ton or cl:.i5.., of persons: (c) that where assessment of th~ ~encral wat,·1 rate i~ made o1s pro,ided III sub-puagraph (i I or (i:i) or p: cagraph (a) ~uch hieher rate as the ordrr ma, prescribe sh~ll be lcviccl :rn,1 paid in respect or a non-do~~stic suppl): (d) whether payments oi general water rate arc 10 b(· mack quancrly. hair yeariy or yearly and that the first pa) men! of such general water rate shall become due on such date as the order may prescribe: Provided that in exceptional cases the Board may provide that the rate shall be p?jd monthly in advance: (r) 1ha1 such general water rate sl1all be paid with retrospective effect; <.n the oflicer to whom or the office at which the general water rate shall be paid and the times during which such payment~ may be made. (2) Any order made under this section may be given with retrospective effect; Pro,•idcd thai:- (a) subject to the provisions of paragraph ( 1) on subscCI ion (2) section 7 and section 28. water has in fact been supplied in respect of the period for which any order, whereby any general water rate is levied, is 10 be given retrospective effect; (b) nothing in such order con1ained or by vinue of any of the provisions of this Edict shall constitute or be construed as purporting 10 constitute an offence commit1ed by an) person due to any act or omission by him which was not an o!Tence at the time it took place. and any act or omission ma, be constituted an offence bv virtue or the provision or such order or this Edict only III io far as the same has taken place or has been continued on or arter the date of the publication of the order in the State Gazelle. l Va:er Ho:1rd ICAP. 1-!9 ( \) Th· ~ppti..::ati(Jn ut ~m~ order mmk uq• r i111-; ~c.:ct1 ,11 m,1~ a.: general or may ~1~ l;mitcd as 10 an.·2. or tir ,. nr ll• ~1..•n,.· ~ · 26'.-( l) The Bon rd m3y \\ :th the ap1uoval < 1 th1.: liuvt:n1or I' 10 m:Jkt~ rc.:,·.:!ations for iii;:: better carryiug out of th.: p10, :,ion1-of I".\. ·1:,ut.1• thi~ Edie:. and ,,ithout 11rcjudice 10 the general 1~ of th,· forcgninis "' pro, isions. make rcg::la11011s with respc,1 10 , 11 or anv of the following mat1crs:- • (a) the pncc of, or charge for. water supr,licd:-­ (1) bi means of a public suppl): (11) bv meter: (,ii) b,· means of a private supply to a 1eneme111; (i,) 10 anv office. barracks, institution, undenaki11g or building whether of a public or private nature: or (,) to a site of any building under construc1ion; (b) levy or impose a special rate or charge: (c) the amount of rent lO be paid for meters: (d) !he oflicer lo whom or the office al which the rate. charge or rent shall be paid, and whether such rmc. charge or rent ~hall be payable monthly, quarterly, hair yearly or yearly in arrears or in advance. and the date on which the first payment of such rate, charge or rent shall become due, or in the case or water supplied by a public supply the manner in which the charge for such rate shall be payable: (e) exemptions from any water rate or charge of any tenement or class of tenements or any person or class of persons; (f) the method and manner in which water mav be taken from public fountains or a public supply; • (g) the price 10 be oaid for all services constructed or laid bv the Board. and µ,c.time and place for the payment of1hc s~mc: (/,) the construction. laying. filling. alteration or re-adjustment ofser\'!ces. and tht nature. quality. size and pauern thereof. and of meters used therewith; (1) the forms of all notices required 10 be given or sent under !his Edict and the issuing and service thereof: I i i f f I 2784 CAl'. 14')} Jl'c. e1 ,iowd ( 1 ) lhc roL wlwtii~r or fl :i by I ohih1 tton of bo.!tiug 0n or fish:m in any w~:t•·rwcr (/:) the prevention of the \\rongl\1l op1:111ng or ci?sing or an) tock.. cock v:,!v,·: sluic1.· or nt,mhn1 app.:t1arn1ng to ,my w,1tcrwork~ en· othcrw1st bclonginp 1 1(.!rcto, (/) th<.: prc,·rntion of the rn::,mission 01 :iny offence or nuisan,c in or about :1ny of thl· ~:ations. work~. plants. hu1lding" 01 prcm1~cs of the Board: (l1l)thc p1·:,cntio11 of 1r ·sspasscs upon or injury W elations. works. plants. buildmgs or premises of the Board. (<1) the prevention of trcsspasscs upon or i11ju1y lO Stallons. works, plants. building, or premises appcna1nmg to any \\3t<.:Norks or otherwise brlonging thereto: (o) g,cncrallv for rcgulaung the operation of the wat,;rworks. the •o, crnancc thereof and marntenance of good order thereon: (p) ;cnerally for the preservation and the cons~rvation of sources of water in catchml!nt arcns: (q) the prescription of pcnalucs for offences against any regula­ tions made under this scc11on. (2) Regulations made under this section may be given retrospec­ tive effect: Provided that:- (a) subJCCt to the pro,·isions or section 28. water has in fact been supplied in respect of the pcnod or which an) rcgula 11ons. "hereby any price. charges or amount for water supphcd or rent for meters is to be payable. arc to be gl\:cn rctrospec11ve effect: (b) nothing in such regulations contained orb)' ,·irtuc of ani• of the provisions of this Edict shall c?nst1tute or be construe~ as purporting to constitute an oOcncc com1111ttcd by an. person due to any act or omission by him winch was 1~01 an offence at the time tt took place, and any act or on:1ss1on ma, be constituted an offence by virtue of the prov1s1ons of sucii regulations or this Edict only in so far as the same has taken place or has been continued on or after the date of the publication or the regulations in the State Ga1.cttc. (3) If ani• person contravenes or fatls to comply with the !J'a; • Board [C \ '. l' provision, <•f any regulation~. mad~ undci the 1•1• ,:isi<.111, o! tMi, \l'l"lJOn th'"" Be\'; •.i may. v,ithout prcjudi•.'t..' to it ,igh• o i ,. p1octccii1!g" for a fine or oth?r penally in rc!<-pcc:, ~m· 0:1 \Tntion or nun-r0mp1iance. cut off the ~upply ;w in 1ditit 1. cmcr arm ~use trny water fining~ brloneing 1,) ti- l:~t.·<i b: ill, person wi11ch arr not in accordance with the rcquirem1 •ts or t rcrulatiom to be altered, repaired. r~plac,·d or rcmowcl. ;111d 1 ,sy recover the expenses rcasonabl: incurred b, it in so doing from the person in default in the manner provided for the reco,·cr, of water rates. (4) The application or any refulations mad~ under this section ma) be general or may be 1imit£•d as to area or time or otlH..·n\iM-· 25. :S:ot\\ ithstanding an, of the provisions of this Edict. 1h) 11erson ,hall be liable 10 pay rates levied by more than one method in respect of the same suppl,· of water or to pa) any charge as ""II as rate in respect of the same supply of water. Hatint b~ mo·t" ;h.1n C'l(' 111'-':hod. 26. The O\\·ner and occupier of c,·cry tenement not exempt Li:1hili1! for from a ra~e or charge shall be liable to the Board for paymcnt oft he ~;\;,'~',;~, rate or cnargc. but unless othen, 1se prcscnbcd ,n the order or ch,,., regulations imposing such rate or charge the same shall be deemed to be O\ er"s rate. and as between the occupier and the own~r of any tenement. shall. in the absence of any agreement to the contra 1: be borne by the owner: and the amount thereof. if paid b; the occupier. may be recovered by him from the owner in an action for money paid for his use. or may be deducted from an) rent due or to become due in respect of the tenement. 27. If any person fails to pa) any rate or charge for which he is Rcro,e:v of liable within one month after the same became pa,ablc. the l.loard ;~;f 0 ~l c'oun may rcco\'er the same with costs in any coun of competent jurisdiction. 28.-( I) The Board shall as far as possible maintain a conti- Out) ,o nuity of supply of water:- :~ 1;1~"~f Pro,·ided that:- (a) the Board shall have the right to suspend the supply of water for such periods as may be nccessm1 for carrying out ,,.,a1c, &MAH> 27o6 CJ\l'. J 19] Water lloard inspection, te;ts, or rcpai,s ?.nd for the making of new connections~ (b) the Board ~hall ha\'e the right to suspend or discontinue any supply where the payment of any rates, dues or -:hargcs arc in arrears. (2) The Boar\! shall in no case be under any obligation to pay damages or compensation for loss, damage or inconvenience caused 10 any consumer through any suspension, failure, discon­ tinuance or a whole or partial interruption of the supply of water however caused. Pur<ho,< 29.-(1) The Board may purchase water in bulk and may resell :.:;,t,~"'k of such water either in bulk or by distribution direct to individual consumers. Supply to • 1cnements and ~yment for CXC'C$S c:onsumption and for meter rcn1. (2) No person shall resell water supplied by the Board save under licence granted by the Board upon such terms and condi­ tions as the Board may prescribe; i ,: l \ Provided that· no such licence shall be· required for the sale of any manufactured goods or other commodity in which water supplied by the Board is included. ! I ;..: : 30.-(1) The Board may, subject to the prov1s1ons of any :1 ~ regulations made under section 22, supply water through any ~~ ,l service to any tenement on application being made by the owner or -:~ { occupier thereof who shall pay to the Board any charges the Board ':~ l may require for the laying of a service to such tenement. . j W.;t . ( (2) The Board may refuse to supply water to any particular :ll­ tenement otherwise than through a meter which shall be supplied, "ti ··~ installed and maintained by th!! Board. j (3) The occupier of a tenement to .which water is supplied by -~­ meter shall pay monthly to the Board the amount due for the -:~:,•·-~:~· ·· · i. excess consumption and for meter rent. ·; ;y (4) The Board shall as soon as convenient after ·the ericl of each ;WI ,,, . month notify the occupier of a tenement supplied with wa.terof the ii 1; amount due from him for excess consumption and the meter rent : m·- - shall be paid by such occupier within fourteen days of the service ·, t,! upon him of such notice and if the same is not then paid the Board may disconnect the service to the tenement. [C.\P. 1.-;9 (5) If any person fail~ !o pay th~ amo,1qt du,· fro· . hini for excess c~nsumption or 1neter Jt:Ilt, 1hc Bo:trd 1:.;:v r,·~tJver ihe s~m: wnh costs togethc:r with the expenses of conncc-tinp, the service 10 the ten~men,. many court of c<>mpctrt•t jurisdictio•i. 31. The Board ~hall not by ':'irtuc of making any inspection or Board no, test of a cons umer s p!pes, fittings, appliances and apparatus in re,;;onsihtr accordance wnh tins Edict or any regulations made thereunder, :~:~i-~r whether ~unng the progress of the work or installation at the vipos. <1<. consumers premm:s or after its completion be de,·med to be responsible for the efficiency or safety of the consumer's pipes linings. apph~nces or apparatus so inspected or t~ted· or for th~ proper e xecuuon of the work of installation, or for any damage or loss ansmg out of the use or misuse of apparatus by the consumer or any other person other than employee of the Board. 32. Except in so far as is otherwise provided by this Edict Entitlcmcni where a supply of water 1s provided by the Board in any part of an 10 suppl1· area for private purposes, every person within that part of the area !;:;! ~'r«1~: shall, upon apphc~llon to the Board, be entitled to a supply on the fcrcncfaF ~•me tenns on which ot~er persons in such part of the correspond- tratmcn,. mg area, provided that in the case of a fresh connection adequate water can be ~va1!able w11hout detriment to existing supplies to persons or mst1tut1ons in the area. 33. If anrperson, any department of the Government, or any Expenses or other authonty'. docs any !Daner or thing which such is authorised requested to do, and which nec~ss1~t~ an alteration in any part of any altcrauons. waterworks or of any d1stnbut1on system vested in any property of the Board, the Board shall on reasonable notice being given to it bv such person, department or authority make such alteration anif the expenses incurred thereby shall be borne bv such pe'rson department or authority. • ' PART Vl-ACCOUNTSANDREP0RTS 34.--{ I) The Board shall:- Attounts. (a) cause to~ k~pt proper accounts in respect of its functions ~1!:C':: under this Edict and other records in relation thereto· and • (b) prepare, in respect of each financial year, a statem~nt of :a;.S2.,!.:C™WWWW 27S6 CAP. 149] Waic Boar 1 insJ)\:.:tion, tests, or rep, irs ar .i for : 11e 111:iking of nt::\', COH;'!t.;-..'.tion~; (I>) the [l1ard ,hall have tht nght tosuspendor<hscontinueany supply where the payment of any rates. du,·, or charges arc in arn.·ars. (2) The Board shall in no case be under any obligation 10 pay damages or compensation for los5, damage or 111co1n·enicnce c2used to any consumer through any suspension, failure. discon­ tinuance or a whole or partial interruption of the supply of water however caused. Purch,sc 29.-( l) The Board may purchase water in bulk ,md may resell !~~c~°):ik 01 such water either in bulk or by distribution direct to individual consumers. Suppl) 10 1cncmcn1s and pa)mtnl for C\CC~5 consump11on :md fo1 meter rent. (2) No person shall resell water supplied by the Board save under licence granted by the lloard upon such terms and condi­ tions as the Board may prescribe; Provided that no such licence shall be required for the sale of anv manufacwred goods or other commodity in which water supplied by the Board is included. 30.-( I) The Board may. subject to the prov1s1ons of any regulations made under section 22. supply water through any service to an) tenement on application being made by the owner or occupier thereof who shall pay to the Board any charges the Board may require for the laying of a service to such tenement. (2) The Board may refuse to supply water to any panicular tenement otherwise than through a meter which shall be supplied. installed and maintained by the Board. (3) The occupier of a tenement to which "ater is supplied by meter shall pay monthly to the Board the amount due for the excess consumption and for meter rent. ( 4) The Board shall as soon as convenient after the C!]d of each month notify the occupier of a tenement supplied with water of the amount due from him for e.,cess consumption and the meter rent shail be paid by such occupier within fourteen da)S of the scn·ice upon him of such notice and if the same is nol then paid the Board may disconnect the service to the tenement. 1 l I Ji"ntcr lJuanl [CAI'. Jt,IJ (5) If 3M) per ·1 fails t~, pay the amoun. c11 frc11 him ff', ~xccss c~:>nliiumpt ,rt or P:C;ter rent, l~e Cor·t~ m~, rc..:over tlh sam~ wttl: co~ts ,ogcthcr \\.tt the c-.:pC"E~~~ of rOnnrcting the sernce to the tCHt;Jnent. m an) court of cm11J,t!tC Jurisdiction. 31. Thr Board s,hall not by virtue of m,,king, ii}' inspc'ction or test of a cons umcr s pipes. fittings, appliances .:ad apparatus in accordance "1th tl11s Ed,c, or any regulations , ,~de thereunder whether ~unng tile progress of the work or 111,tallauon at th~ consumers pl'{'nt1ses or after its completion be deemed to he 1:espons1ble ~or the efficiency or safety of the con umcr's pio, ,. httmgs. apph~nces or apparatus so inspected or tested or for. the proper c ,ccuuon ol the work of installation, or for anv damage or loss ansl!lg out (•f 1he use or misuse of apparatus b) tl;e consumer or an) other pcr,on other than employee of the Board. Bc,:ud not n:spoos1blc for sJfr:v (If con~umi.·s r,ip,c-,. :IC. 32. Except in so far as IS otherwise prov1d.·d b,· this Edict lniukm,n, where a supply of water is provided by the Board Ill a~y pan of an 10 suppli area for prnatc ~mrposes, c, cry person within that part of the area ~i~~1 ~'r~~~: shall, upon apphcatton to the Board, be entitled to ii supply on the fmnt»I same terms 011 which other persons in such pan of the correspond- 1cc:atmcn1. mg area. provided that 1n the case of a fresh connection adequate wat er can ~e ava1lablewtthou1 detriment to CXtSling supplies 10 persons or lllSl!tullons m the area. 33. If any person, any department of the Government or anv other authority'. docs any mailer or thing which such is aui'horised 10 do, and which ncccss11a1es an alteration in any part of anv \vaterworks or of any distribulion system vested in any property 0·r the Board. the Uoard shall on reasonable notice being given to it bv such person. ~epartment or authority make such alteration, and the expenses rncurred thereby shall be borne bv such person department or authority. - ' PART Vl-r\ccoUNTs AND REPORTS 34.-(1) The Board shall:- (a) cause to be kept proper accounts in respect of its functions under thts Edict and other records in relation thereto: and (b) prepare. in respect of each financial year. a statemem of E.tptn)CS of requested nllcr:l11ons. Accounts. audit :i.nd es1im;s.1~ 'I CAP. 1~9] ll'aier bnard . nual rC';>orl :Krou1~t in :..nrh fmm as may be ~p;,r•.JVed b~ thl' • ·om.m1:.­ !-to1wr (2) Tht: ~-aiC 211mm} s1Memen1 (1f nccount shall b~ :::t fair and accurntc ,.totcrncnt of the financial position. and of the 11·s111ts of the aper. tions of the l.loard for the f1nu11cial year to which it n·lalcS. (3) Th<.' ;aid r.nnual ,t:itcmcnt ofaccount shall be «uditcd by the Stair Director rf Audit or by auditor or audnors appointed bi him. and the remuncr;1tion !() be pate! bv the Board to the auditor or auditors so appointed shall be fi,cc! by him. (-\) As soon as the said annual statement or account has been audttc,1 as aforesaid the Board shall within a period of 6 months after the end of the last financial year, forward to the Commis­ sion\!r a copy of the said st:i.tement of account together with a copy or the report made by the auditors. (S) Before the commencement of each financial year the Board shall prepare financial estimates of its revenue and expenditure for that financial vear and submit the same to the Commissioner for his approval. ~nd the Commissioner shall have power to disallow or reduce the provision under any item in the estimate as he may consider necessary. 35.-( I) The Board shall. within six months after the end of the financial year. make to the Commis,ioner a repOrt. in such form and containine. such particulars as he may from time to time direct dealing with the activities of the Board during that financial year. (2) Every annual report made by the board under subsection (I) shall contain particulars of all directions given under this Edict by the Governor 10 the Board during each financial year. PART VJ I-OFFENCES 36.-( I) No person shall construcl any waterworks without the appro, al of the Commissioner. Comm1'!i­ s,oncrs :tpJ>ro,:d rtquucd for pm,atc y,JtCf '-'"Ori:S. c,clud1ng \\tlls . (3) This section shall not appl\ to the construction of a well having a diameter not cxceedmg four feet and a depth not exceeding two hundred feet. l ·1 l I it I (3) : t\',i!b~\anding the prt,,;. ions .Jf~.ttbs'."r1;on (2) no p?r-(1'"' shall pl µ ,•:.!ter or pcr111it?. :~siah v.atl'f to lhJ\\ from a \\~-q ha\11lr-, ~ '"'ir:.r::et~r not excee,i:ng four fr·e~ ~nd .r kpth no, cxcc\..'."dint 1,•1J hundred fret or ~ny bo11.'!1ok· "·'hrn cmc 11:ik o:~ a watcrwork'-. ,1nless pcnni,tcd 1n writing so to do b)· the Cummi5~ sionl'r: Provided that the Commi,sioner "'ay b, n01ice in the Sta:c Gazette specify an, area bei~g furthc, tha, <Jne mile f,om an, watcrwor~ where wattr sha11 not be pump··d or artesian wate-r permit tcd to flow from anv such well or borehole '"thout the permission in writing of th~ Commissioner. (-1) Nothing in this section shall affect the rights of any 1Jcrson under an~ other written Edict or L1w. (5) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fmc not exceeding five hundred nairn or to imprisonment for a term not exceeding six months. 37. Any person who:- (CI) wilfully or ncgligcn1ly damages any waterworks. public fountain. service or meter; (b) unlawfully draws off, diverts or takes water from the same. or from any stream or water by which any waterworks or any service connected herewith depends: shall be guilty of an offence and shall be liable on conviction to a fine not less than five hundred naira or to imprisonment for a term not less than si, months and. further penalty of twcntv naira for each such day during which the offence continues aftc~ notice in writing requiring the same tO be stOppcd. - I O.image. p0Uut1on. and dhcr,.u,n or water 38.-( I) Any person who wilfully or negligently misuses, wastes Pen•I" for or causes or allows to be misused or wasted any water passing into. ;~;~~"~nd through. upon. or near anv tenement from anv waterworks shall be ,m,ce guilty of an offence and shall be liable on conviction 10 a fine not exceeding fifly naira or 10 imprisonment for a term not exceeding one month. (2) An, person who alters. or causes. or permits to be altered any sc,vice without the consent of the Board or contrary 10 any CAP. 149] Water Board regulations made under this Edict, shall be guilty of an offence and shall be liabie on conviction to a fi,ic not exceeding fifty naira or to imprisonment for a term not exceeding one month. 39. Any person who alters or causes, or permits to be altered, any service with intent to avoid the accurate measurement or register of water by means of any meter or to obtain a greater supply of water than he is entitled to, or to avoid payment therefore, or who wilfully or negligently damages, alters or causes or permits to be damaged or altered any meter, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred naira or to imprisonment for a term not exceeding four months, and any service so altered or any meter so damaged or altered shall be replaced or repaired by the Board at the expense of the person convicted, and the cost of replacing or repairing any such service or meter may be recovered upon the order of a court in the same manner as any penalty may be recovered upon conviction. • 40. Any person who puts, or allows to be put, or to remai~ or to accumulate on any tenement owned or occupied by him or his servants, or who fails to remove or to cause to be removed, or to take such steps as may be necessary to prevent upon notice in writing from the Board any foul, noisome or injurious matter, or any earth deposit or excavated materials in such manner or any place that it may be washed, fall or be carried into any waterworks or the gathering grounds thereof, shall be guilty of an offence and shall be. liable on conviction to a fine not exceeding one hundred naira or four months imprisonment, and in respect of any period during which such matter, earth deposit or excavated material is allowed to remain after notice in writing from the Board requiring the same to be removed, to a further penalty of ten naira for each day whilst the offence continues. 41. Any person who:- (a) bathes in any part of any waterworks; • (b) washes, throws or causes to enter therein, any animal, bird, • cloths, material or thing; • (c) wrongfully opens or closes any lock, cock, valve, sluice or manhole belonging to any waterworks, shaH be guilty of an j I· , . I Water Board [CAP. 149 2791 offence and shall bt· liable on conviction to ·1 line not exceeclmg one hundred n • . · • ' . aira 01 to •mpnsonment for a term not excccdmg four months. 42• Any person who, without lawful • t'fi · proof of which shall r I Jus I cauon or excuse, the Penalty for 1e on t 1c person charged, refuses or fails to refusing or pay an y raye. or charge payable by virtue of this Edict b th d failing to on which 11 1s pa bl h II b • Y e ate P3Y rates r bl . . ya e, s a e guilty of an offence and shall be rharges. ra. e O? conv1ct1on to a fine not exceeding two hundred naira or to impnsonment for a term not exceeding six months. 43. Any person who without lawful • "fi · proof of which sh 11 r JUSll cation or excuse, the Pcnalt,- for Pers t • a ie 0 ? the person charged incites or assists any inri1ing any on o misrepresent m any way hi I bl . person 10 information material to the a s rafa e capacity or any refuse 10 pay . ssessment o or raung upon any rates or tenement of which he is owner or occupier, shaJJ be guilty of an • charges ctr. offe~ce ~nd sha ll be ha?le on conviction to a fine not exceeding two bun red na1ra or to imprisonment for a term not exceeding six mont s or to both such fine and imprisonment. PART VIII-MlSCEl.LJ.NEous ;:4.-(1) In any action for the recovery of any rate charge or P f f ~:ci:e:~~e~:;d::~rs ~~t fines ~find pefinalties due, ~ayable or ,;~cy~ due. • • 3 certi cate rom the Board or of an person appomted by the Board in that behalf that an; sums J . money is due and that the defendant is the person liable to pay the same, s hall, ~n the absence of any evidence to the contrarv co~cl~s•v~ evidence of ~uch debt and of the non-payment the;e!~ an I at t e defendant is the person liable to pay the same. (2) Every s~ch acti?n s hall·be instituted by the Board or by an person authonsed to mstJt~te such action on its behalf. Y or !5 ~v The Chief W ~ter ~~gin~~r of the State Ministry of Works Power of • person authonsed 10 wr1tmg by him may at any time enter entry 10 ananyy· waterwh orksf. for the purpose of inspecting such waterworks or b'""r IM~rks part t ereo • , 1nistry • . . . • . • o Works. CAP. 149] Water Board 46. A Health Officer or a,1y pe·rson authorised in wriiir:g b:: him may enter any waterworks between Si.\ n"clock in the moniin1; and six o'clock in the afterno,,n or in an rn1erg.:ncy al any otlwr time for the purposes of inspecting such waterworks or any part thereof, and of taking samples of the water supplied from such waterworks. 47.-(1) Where, upon considering any audit repon on accounts or in any oiher case, the Commissioner is satisfied that in respect of the functions of the Board under this Edict:- (a) any sum due to the Board has not been. duly brought to account by any person by whom such ought to have been brought into account; or (b) any loss of or deficiency in the moneys. or destruction of any other propeny of the Board, has occurred by reason of the negligence, breach of official duty or other misconduct of any person, the Commissioner may surcharge the amount of such sum, loss or deficiency or of the value of the propeny lost or destroyed, upon the person aforesaid whethefhe be a member of the Board or an officer or other employee or agent of the Board. (2) Before exercising any of his powers under subsection (I) the Commissioner may by writing under his hand authorise any person to conduct any enquiry for the purpose of this section and to take evidence and examine witnesses upon oath or affirmation and any witness shall be required to produce all such books. records, accounts, and other documents and materials as he may consider necessary for the purpose of the enquiry. (3) If the Commissioner decides to surcharge any amciunt upon any person under subsection (I) he shall cause a notice to be served upon him, or on his legal representatives in the event of his death, requiring him or such representatives to pay the amount sur­ charged within such period from the date of the service of the notice as may be specified therein. (4) Notwithstanding any of the provisions of subsectiori (3) no liability to surcharge shall be incurred by any· officer, other emplovee or agent of the Board, who can prove to the satisfaction of the" Commissioner that he· acted in pursuance of and in ~ccordahce with the terms of a resolution ,1>f the· Board or of any i: .. j: !/ater Board -·--------------- ~0111millcc duly appointed unckr this Edict, c11 on the writtrn msiruct1,ins of any officer, other cmpk•yce tic agc11 l of :he Board t-> who,c on.krs. in relation to the matter in quc:stion, he wassuhject; Provi~cd th at .~othing in this sut,section shall ncmpt any P~~son lrom hab1l1ty to surcharge m accordance with the pro­ v1s10ns of this section where that person knc:w or ought reasonably ~o have known that the tcm1s of any resolution or any written •~s!ruct1ons as aforesaid .were not in accordance with the pro­ v1s1ons of this Edict or any regulations or rules made or directions given hercinunder. 48: . Any amount notified as a surcharge in accordance with Recoverv or prov1s1ons of subsection (3) of section 4 7 shall be a debt due to the debis. • Board. and may be sued for and recovered in anv coun of competent jurisdiction at the suit of the Commissione~. 49.-:( I! Any person who is aggrieved by any decision of the Appeals Comm1ss1oner to surcharge any amount upon him mav if the against sur­ d~ci~ion relates to an amount exceeding four hundred' naira, charge. wuhm thirty days of such decision appeal to the Chief Magistrate Coun. (2) The Chief Magistrate Court on such appeal shall have power to confirm, vary or quash the decision of the Commissioner and to give such directions as the Court may deem fit in the matter. SO.~( I) Whenever it appears to the Board that any land in the Preliminarv State 1s likely to be needed for the purposes of anv waterworks the investigation Board may by its servants and agents, together ; .ith all neces~ary l~n~ of workmen enter upon any such land and:- • quired for waterworks. (a) survey and take levels of the land; (b) dig or bore under the sub-soil; and (c) do all other acts necessary to ascenain whether the land is adaptable for such purposes; • • ~r~vided that no such agent, servant or workman shall ~nter any bu1ld~ng or upon any enclosed court or garden attached to a dwelling house (except with the consent of the occupier thereof) u nless at least seven days notice of the intended entrv has been given to the occUl)ier. . • • . • • ,· l CAP. 149] Water Board (2) As soon as conveniently may be after any entry ma<le under subsection (I) the Board shall pay compensation for all damage arising out of the exercise of any power conferred by that sub­ section. (3) In the settlement of any dispute as to the amount of any compensation payable under this section, the amount may be determined by the Chief Magistrate Court having jurisdiction in respect of the place where the land is situated. 51.-( 1) Nothing in this Edict shall preclude any fire authority or fire brigade from abstracting water, for the purposes of the ire prevention or control of fire from any public fountain, service or '· waterworks of the Board. 1 or egal nts. (2) Water shall not be abstracted by any fire authority or fire brigade for the purpose of testing any fire-fighting appliance except with the consent of the Board, which consent shall not be unreasonably withheld. (3) No charge shall be made for water supplied by 't'he Board under subsection (I) or (2). (4) Any main, pipe, valve, hydrant, service or other waterworks required within the area of operation of the Board by any fire authority or fire brigade in the discharge of its functions to prevent and control fire shall be provided by the Board upon full payment therefore by the fire authority. Such main, pipe, valve, hydrant, service or other waterworks shall vest in the Board in perpetuity but shall be maintained and renewed by the Board as the fire authority or fire brigade may require and at the expense of such fire authority or fire brigade. (5) In this section the expression "fire authority and fire bri­ gade" means any authority or body of firemen respectively consti- tuted, organised or established under any written Edict. • 52.~(l) Any contract or instrumeni which, if ent~ed into or executed by a person not being a body corporate. would not require-to be under seal, may be entered into or executea on behalf of the Board by any person generally authorised ·by the BQard for that purpose. • ,. (2)- Any document purporting to be a document duly executed. or issued under the seal of the Board or on behalf of lhe Board •. Water Hoard [CAP. 149 shall,'unlcss the contrary is p1·oved, be deemed to be~ dorumcll\ so exec111ed or issued as i !te case may be. 279:- 53. Service upon the Board of any notice, order or other Service of document may be affected by delivering the same or by sending it notice. etc. by registered post addressed to the Secretary of the Board. 54. No execution or attachment or process in the nature Restriction thereof shall be issued against any waterworks, v~sted in or the ~~f~~tution property of the Board, but any sums of money which may be the Board's judgement of any court awarded against the Board shall, subject to watcrwor~s. any directions given by the court, where notice of any appeal has been given by the Board in respect of the said jlldgement. be paid by the Board from its funds. 55. Waterworks vested in or the property of the Board shall not Waterworks be regarded as heredita!'1ents or tenements to be valued for rating ~~'::,1C$. purposes under any Edict. 56.-( 1) Nothing in this Edict shall affect any order, rule, Transitional regulation, appointment, resolution, agreement made, direction p1visio ns given, proceeding taken, instrument issued or thing done under an sav,ngs. the provisions of the defunct Sokoto State Ministry of Water and Electricity Supply, until revoked or replaced under the provisions of the Edict, and accordingly references to any Water Authority or prescribed Authority, or to any other person, shall be construed with such necessary modification, amendment, and adaptations·as references to the Board. 57. The provisions of this Edict shall not apply to water from Restrictions such sources·as may be declared by the Federal Government to be ~c1cc,:iy sources affecting m'Ore than one State of the Federation of Nigeria. Govern• mcnt. I l I l f: ! ,, 1 :'.796 C.\I'. 1-19] ll'u' ··!Joa· I SCHEDUl • \':tCJOt")' of member. Co:--isnn,110~ .-.:-.o PkOCrfL11NG of TH.E HoA'Ul l. 7'0 2.ct or procecd1n&s of the Bo .. r<l :;ll:111 be quc!)tionl"d on a:counl c,f "'" vacan<) among its mcmb<r> or on account of 1hc appointment <'I. a1\r member h:ivrng been defectivr. Ternporan mc-rnt-~,.., of the tl,.'\,ir<\. Co-opted member. Meeting and procedure. Quorum. ? \Vhcre 31lY member of the Board is tcmpor:uily mcapi.1.citatcd by iH,w:-s from pc:rform1ng the functions ofh1~ offlce or 1c; temporarily ab!i.Cnt f1 uin Sig.cria. the Governor ma~ appoint any person 10 hold tcmporaniy 1hc office held by such incapacitated or absent member during the pl!rioc 1 of such incap:tciwtion or absence an<l a\l the function'\ of such member under th.is Cd1ct. shall dc\·olvc up0n the person so tcmporn~ily appointed. 3. Where upon any spcc1:11 occasion the Bo::trd dt..,1rcs to obw,in the advice of 3n~ person on any particu\ar matter. the Board may co-opt such µcr,on 10 be a member fo1 such mewng or meetings as may be rc-quircd. and such pen.on whilst so co-opted shall have all the rights and privilc1;cs of a member save that he shall not be entitled to vote on an~ q\\c~tion. 4.-(l) The Board shall hold such meetings, as may be necessary for the due fulfilment of its functions so. however. that ll shall hold at least four mecung.s in every year. (2) At a meeting of the Board:- (a) 1hc Chairman of the Board sholl, if prcscnl. be Chairman of the mcct1ng: (b) 1f and so long as the Chairman of 1hc Board is not present or 1f the office of Chairman 1s vacant. tile members of the Board who arc present shall choose one of their nurnb<:r to be Chairman of the meeting: (c) cvcf!-· question at a mceiing of the Board sh:t.U be determined by a majority of the votes of thc.-members present and voting on the question. and 10 the case of any equal division of votes, the Chairman of the meeting shall have a second or casting vote. (3) . ~ three members of the Board may by noticc·in writini; signed by them request the Chairman to call a special meeting of the Board for the purposes set out in such notice and the Chainnan shall thereupon call a special meeting. 5. One-half of the members (including the Chairman or oth~r member presiding) shall form a quorum at any meeting of the Board. fi.-( \ Tr:: I :=.:r,1 1.1·1 ~ ... !- r. s l.r'.":\ , ... pn:i,·1 I ,~s~l·' 11'1 ;1 t •mnv.11 "Jrt.1. ~Ee-: l\S ~5 -:-iia:.h. I' ' ( ...,..mo • J (2) ·1 he C(l:rnnon \t·al ,f thr ·~nard sh 111 '-igr.;1 u: of~! • Ch :nc:w ,f th.: •Bo~1d tt l.'lt: :-iutlll'nt1C'Jl. 1 by the aath.,,r1~,:d (I-, thr l ~rd t . h , sornr ' .h,.-1 mt.:nll'..:1 th~1 l'f Scc1d~ry of :n~ Uou:d. \l a<l i:· t at , ·hair ~rn' thr !'l~nah:11.: of tit.: (3) Judicial nmicc slwll be taken of I • every docu:mmt putponinE' \0 be :1 . t 1c comnwn.se.:11 of the Bo:ird :md be scaled vvith th, com;"n~,n ~-\ ms~:. 1 ~ 111 cnt mace Uy the Bo:..rd and to zrcordanc-c ~ith thi'- para· raph) {~ : orung to be authcnlicatcd 111 tvidrnc, :ind Le dee.med rO' be ~ . t , •• Board sh:\!l be.· received rn unless 1hc contra')' is shown. sue IO!»Humcnt w1thout frnthti ornof 7. !,ubjcct to the provision~ of this Ed • standing orCers for the purpose of I- .• lCL tnc Board mny make S1:m'1in& rcgu allng :ts m, n p[CK:cedrngs. orders. . 8. ,•\ m embcr of ihc Bo:-ircl who is in 311 , w v d" • • • 1n1cn:~tcd Ill any action or proJCC't of the Il \ . a ~rcctly or ind1rcctl) Priva:e in- his 10tcr,-s1 at a meet mg of the 8 d d oar< shall d,sclosc the nature of !crcs! of in the minutes of the Board. ano;~h·:" thc ~-"closure shall be recorded ~';,~n,t;"~,'..'.; dcltbcrauon or decision with rcspcc . me,mbe. shall ~ot take part m the l 40 t 1n1 transacuon or project.