Yobe State Rural Water Supply and Sanitation Agency Law, Chapter 115

1 : ;' Rural Water Supply and Sqr1'.ltc,1tion • • Agency [ CAP~ i l~i :, :. : CHAPTER 115 RURAL WA !ER.SUPPLY AND SANITATION AGfNCY A LAW TO PROVIDE FOR THE ESTABLSIHMENT, . FUNCTIONS AND POWERS OF YOBE ST A TE RURAL WATER SUPPLY AND SANITATION AGENCY AND OTHER MATTERS RELATED THERETO PART I PRELIMINARIES BE IT ENACTED '.by the Yobe State ,House of Assembly as follows:- 1. This law may be cited as the Yobe State Rural Water Supply and Sanitation Agency Law and shall come into force on the 28th day of March 2003. ' 2. In this Law unless the context otherw·ise 1}quires:- "Agency" means the Rural Wate1~ Supply a'ri<.i Sanitation· Agenc)·;. "Board·· means the•. Board of the Corpo1~ation established under section 3 of this Law:.' • • • • • --Executive Governor .. means the Exec.:uti\'t! Governor qf the State: ""Member" means a n1ember o(~h·e board and include the Chairman; "State" means the Yohe State ofNigeria. . I • 'I 3. There is hereby established for,the Stakan.Agency to be ~nown as the Yobe State Rural Water Supply and Sanitation Agency. • · (2) The Agency shall lJe a body corporate \Vith. perpetu~I su,<:cession and a common s~al and wi~h the power t~,) sue and b'e SLted in its corporate name and to acquire, hold arid dispose of any prop·erty movable or immovable. '' n. YBS 6 of 2003. Enactm~nt. Citation and commc1kcment. .. lntl~rprc1a1ior1. Esta bl ishmcnt. : ,.,·: : I Vincenzo Marsala Cross-Out Rural Water Supply qnd Sanitation • Agency [ CAP~ 115; • ,, : . 4. There is hereby establtshed a Board for the AgencY ~hid1 shall consist of the following members to be appointed by .the Ex~cutive , Governor. (a) A part time Chairman who shall be a person of proven integrity. (b) A representative of each Local Government Area. (c) Six ex-officio members which shall include:- (i) The representative of Ministry of Integrated Rural Development. (ii) The representative of Ministry of Health. (iii) The representative of (Special DutieskOovernor's Office. (iv) The representative of Ministry of Fina.rice.· (v) The representative of Ministry of Won1en Affairs. (vi) The Genernl Manager of the Agency. : Tenure ofotlice 5. Subject to section 7 of this 'Law a me1i1ber other~ than an ·Ex­ officio • member shall, hold office for a term, of 4 year~ and· mtjy be eligible for reappointment for a further term <.if 4 years 0·1ily. 6. A member other than an ex-otlicio shall qe paid such remuneration and allowances subject to such terms and conditions as the Executive Governor may approve from time to time. Vacation of office 7. The office of a member shall become vacant if:- (a) He has completed his tenure ofofti,~~-, (b) He resigns his appointm~nt by· writing under his hand addressed to the E?(ec4tive Governor; ; •• (c) He is adjudged:bankrupt. ' • ' ~-·: (d) He has ~een, = ~orivi~tep of a .. ~·ri"niiiaal offenc;e involving dishonestv or fratid: . . / : : , : ':; 1 ; • •• : • -1 • I t• I'~ i.' . ' ', j' !•,t : :, • + ;i ! I (e) He has be!fn fo/1nd ·ih caR·a.~.itateq·\ru,e)t.o infirmit y of body or mind· ' .,·., ·:, • (f) ' His appoi11,tm~r{t hri,s beei1'. r~voke~ ·b;1 the Exet~tive Gov.~rnor, t' • .f, r•;- '·. I ' ,: . I ! '.\,. I Compo~ition of the Board. : ': I• Functions of the Agency. 2364 Rural Waler Su)Jp/y an(,! Sqnilation Agency l CAP. 11,5 PARTIII FUNCTIONS OF THE AGENCY 8. The Agency shall p(;!rform the following:- (a) Ascertain and 'prepare a comprehensive inventory of rural water supply and sanitation facilities throughout the State: (b) Prepare a rural water supply and sanitation master plan as well as coordinate its implementation; ( c) Coordinate and regulate all inter-sectoral borehole dri II ing activities as well as set standards for all sectors in the State~ (d) Responsible for the eradication of water borne and sanitation related diseases through the promotion of behavioural changes among communities with respect to water waste marfagement environmental and personal hygiene: (e) Provide an inter-sectoral lineage on rural. water supply and sanitation; (f) Provide facility forprogr~mme implementation in the subsector: (g) Promote, devise and improve low cost appropriate technology options for the commqnities in rural water supply and sanitation: (h) Mobilise and tr~in communities in technical and financial management of water and sanitation: (i) Regulate~ coordi11ate and • set standards for constructio1:1 of SAN FLAT, VIP LATRINES and rqther sanitation facilities: • U) Provide forun1 for, achieving, 4niversal access of safe water and sanitation; (k) In consultatio11 with other organization. develop ,/ cost sharing formula for the in1pl~1i1.~nta(ion o(its projeci:1 . • . {I) Devise guideliqet,J~rthfpartiJc.ipi1tion Lf ·~?cal Gtm;rnn~ent.s ~nd Comm uni.ties in r~r~J:11fater· s:PPP~Y and sa~itatio~/pr~g:~mm~: : . ·:, (m) Provide tec¥1~~~'.. s,upp9rt itti. ensm1ng acc;ess1bd1ty ((?,. r~mc~f~ communities by the,¢~msfructio1:i-·or access,r6aqs·;to etjst1re timely and safe mobilization :oJA~~Jling ~quip111ent tQ arJy 1 si.te~ , . .. . :' . , ; •:: (n) Ensure the estabJi.shmenti of Local Goveniinerh A1:ea Rural Water Supply and Sanit~{jo\1i; p'1;its· ~1 1d lo1;1:p)u.1\~~tYi:,; • .• • :: , • • .r :· ·:,. •• : I I i.•,(· , \ , . .j .. ; •,I ! :, . . . • :: PART·•v j . ·,:' ···1, • I/ Accounts. Annual report Annual report Rural Water Supply and Sanitation Agency (:CAP. llS FINANCIAL PROVISIONS 9. The funds an~ sources of the Agency shall consist of:- 2365 (a) such sums as may from time to time be provided to the Agency by Funds or the the Federal, State. Local Government and other donor agencies; Agency. (b) such sums as may be collected or received by the Agency in the . performance of its functions~ (c) such sums as may accrue to the Agency from its investments and properties; and ( d) such other sums as may accrue to the Agency from any other lawful sources. ' . 10. The Agency shall keep proper books of n:ccount in respect of each financial year and shall as soon as may be p1:acticable al.tcr the end of each financial year notwithstanding the provisions of any other Law cause the account thereof to be audited by the Auditor-General of the State who shall make a repo11 thereon. 11. The Agency shall as soon as ;may be p1~~ctic~ble after the end of each financial year submit to the • Executi:~=e Governor an annual report of its activities and shalI include in s uch :r~port a copy of the audited account of th e Agency together \~·ith the Auditor's re'po11 thereon. ,•; ;' ' • l • PA,l~T V CHIEF EXECUTIVE,S~CRETARY AND OTHER STAFF I f •• • 12.-( 1) There shaH by a Ge~eral Manager for the Agency who shal I be appointed by the qovernq( • :•·. • 1 . • 1 • . • • ! '• :, t•' • ; • I• -•· ' ; : • .. i ,:.'-:•• • (2) The person appointed $~all ;~e a civil/~:ater engineer or r~lated field with a minimurp of five ye.ars experience in the field· of water supply and sanita,·io\.: : • ' ; ; 1 . i 1.i . ,, • 'I' I : .1 2366 Rural Water Supply and Sanitation Agency ( CAP. 115 (3) General Manager shall : :- (i) be the Chief Exectattve of the Agency~ (ii) be responsible for carrying out the policy of the Agency and for the general management of its day to day business; and (iii) carry out such other functions as the Board may from time to time direct.Corporation and shall be paid such remunercltion as may be determined by the Governor. ' (4) The General Manager shall hold office for four years from the date of his appointment and may be eligible for reappointment for a further term of four years only. 13.-( 1) There shall be a Secretary/Legal Adviser for the Agency who shall be a qualified Legal Practitioner of not less than five years post call experience to be appointed by the Governor. (2) The Secretary/Legal Adviser shall keep proper records of the Board's proceedings and perform such other functions qS the Agency may from time to.fo11e direct ' ... 14. The Agency shall e~1gage the serv1ct;s qf staff as may be necessary for the: performarice of its functions. . ~ ' ,· • •. :: , I . .• '. ••• , 15. Service under th~ Ag¢q¢y sh~ll unl~ss th~ tem1s of.appointment stipulates otherwi~~ be .. de,e.in~d tQ be P,ei1sion,able.' , '. .1 : •.. )oo'.1 :·,;: • • . '\ : t i : • '11 PART VI ' •. 1 .,:, ·,, 'i- 1 1' 1 l;' I~ ·:~~,-; ·~, '< · , · l , , ~ PROCEEDINGS OF THE BOARD • • •'(' .; 1' - • t •• , I 16.-( I) Where 0¢~asi9i1• the ~oa~d :is ·c1esi~·of1~/of obtaini·ng the a4vice of any person upon. apy 1mflttenJ!1e Boai·~ m ay: q>-opt ·~uch person to be a member of sp~h' !l~-e'eqngs ~r nw1011~~(;as: t f1c Board m~ty dpc~tje. •. (2) Any person so .co"~opte~ shall ha~·e alf the i·ights and privileges of a member excep( tha~ )1e s~aH 11,~t be entirled: .~o :vote on any q~~stion or be counted as a~.m 1 e1iibe1Jc:fr the ptfrpo?es ·o.f the quorum. • ) J;,: I•', \'l ,!,'.; ' l .. ' : 'j'· Secretary /Legal Adviser Staff of the :'\gency . Pension and gratuities Co•option of member. ' i. ,, ,. ·, ."it '?; I. T !1< '! !;, i , I I Vailidity of Proceedings of the Board. Quorum. Committees. Authentication of Documents. Representations in Court. R;ural Water Supp(v and Sanitation Agency I CAP. 115 2367 17. The validity of the proceedings of the Board. shall not be affected by any vacancy in its membership or any defect in the appointment of any member or by reason that a person not so authorised has taken part in such proceedings. 18. At any meeting of the Board, the Chairman shall preside and where he is absent or unable to preside, the members present ·shall appoint one of them to preside. 19. At any meeting of the Board. two third of members shall form a quorum. 20.-(1) The Board may, subject to such condi'tions as it may approve establishes committees as .it may deem necessary for the purpose of performing any of its functions under this Law. (2) The decision or resolution of any committee established pursuant to subsection (l )of this section shall not ha\1e any effect unless it has been approved by the Board. 21.-(1) Any contract or instrument \,vhich if entered into or executed by a person n9t b~ing a corporate ~ody, may not be required to be under seal. ma/ be entered into or ex"ecuted on behalf of the Agency by any pers~n g~~1erally or specifically author 1 ised. 9y • the Board. ; i ·1 • . (2) The fixing qf the : ~6,nmiori seal of the' Agency· shall be authenticated by the, signatures of the Chairman or some other members as may .~e g~neral ly'. or specificall): auth(wised by tlw Board. I . (3) No member of the,:Agency :shall be personal I)' liable for ~ny act or omission done in'.good. fa(il\ in the ;course of executing ~he provisions of this Law. . ', ' • ] , • !' 22.-(1) In any st~i( th'e; Age11cy may i1~ any .• stagt or th~ proceedings be represented ' ~y .Jhe f\ttorney-Genei·al of the S,tate • ~r his representatives. ' .• t'! j ,, I ,'.;''.:,I,;, 0 I .. i' ,. i ! J. .. , i ' ,1' ,• . ' ) , I ,I I ,1 I • ' I ·a Eexecutive Governor's directions. Standing orders. Regulation and Alteration of functions. I :J 2368 ; Rural Water Supply andSa:nit~lion • Ag~ncy [' CAP .. 115: (2) For the purpose c?f' this section ~-suit .. in~ludes action or any civil proceedings commenced by a Writ of Surnmons or in such :other manner as may be prescribed by the Rules of Court but does not include criminal proceedings. 23. The Executive Governor may give directives of a general or specific character with respect to the performance of its functions and the Agency shall give effect to such directives. 24. The board may • make standing orders. to prescribe its own procedure and the conduct of its meeting and may amend. vary such standing orders. 25. The Executive Governor may make regu'i'ations in respect of.all or any of the functions of this Law and may alter. vary or ,vithdraw any functions of the Agency r- 1,· •;I' •. I . • •I t': !, I 'I ' .;r. I I.