Bauchi State Water Board Law, Chapter 165 of 1989

3. Estahlishment or the Board.

4. Composition and appointment of the Board.

5. Supplementary provisions Schedule.

6. Functions of the Board.

7. General powers of the Board.

8. Committees or the Board.

9. Power of Governor 10 give directions. PART III Fi11ancial Provisions, Assets alld Liabilities of the Board 10. Transfer to the Board of waterworks, etc.

11. Funds and resources of the Board and application of it,; revenue. 0 12. Expenditure of the Board's funds.

13. Power to borrow money. 14. Annual estimate. PARTIV Administrative Organisation of the Board

15. Genl:ral Manager, etc. 16. Other staff of the Board.

17. Secondment and transfer of employees. 18. Power to make regulations relating to employees of the Board. 19. Power to make rules relating to retirement benefits for employees of the Board. PARTV Powers am/ Procedure in respect of Water Supply and Water Rates 20. Rates and scales of charges for water. 21. Power to levy general water rate in respect of tenement of persons. 22. Power to make regulation. B-2085 (Issue 1) CAP.165 Bauchi State Water Board Law SECTION 23. Rating by more than one method. 24. Liability for payment of water rate or charge. 25. Recovery of rate or charge.

25. Continuity of supply of water.

27. Purchase anc\ re-sale of water. mption and for meter rent.

28. Service lo tenements and payment for excess consu etc.

29. Bonrd not respPnsihle for safety of consumer's pipes, treatm ent.

30. Entitlement to supply and preclusion of preferential 31. Expenses of certain necessary alterations. PART VI Accounts and Ref?.orts of tl,e Board 32. Accounts, audits and estimates.

33. Annual report. PART VII Offences 34. 35. Injury, pollution, etc. 36. Waste and altering service. 37. Fraudulent measurement. 38. Foul accumulation of earth, etc.

39. Bathing, w~shing, etc. es.

411. Penalty fo~ r~fusing or failing to pay rates or charg or charges, etc.

41. Penalty for inciting any person to refuse to pay rates PARTVlll Miscellaneous and General

42. Proof of mitneys due. Power of moneys due.

43. Power of entry by health officer. 44. Power of the Governor to surcharge persons.

45. Recovery of surcharges.

46. Appeals against surcharges. ed for waterworks.

47. Preliminl,ll'Y, investigation in respect of land requir

48. Use of water by fire authorities. 49. Execution or issue of instrument. 50. Restriction on execution against Board's waterworks. 51. Service of notices, etc. 52. Waterworks excluded from rates.

53. Regulations made under the Waterworks Law. B-20 86 . -- CAP. 165 . Bauchi State Water Board Law SCHEDULE Co11stit11tion and Proceedings of tlie Board CHAPTER 165 BAUCHI STATE WATER BOARD LAW A Law to establish a Water Board Authority for Bauchi State. (BA.S. I of 1979, BA.S. 3 of 1990.) (Commencement: 2nd November, 1989] PARTY Preliminary

1. Citation (1) This Law may he cited as the Bauchi State Water Board Law 1990. ,t : (2) .This Law shall apply subject to the provisions of the Bauchi State Integrated Ru- ral Development Authority Law, 1986. 0 [Cap. 72.)

2. Interpretation In this Law, unless the context otherwise requires- "Agency .. means the Central Recruitment Agency established under the Central Recruitment Agency Law, 1985; . [Cap. 72.) "assessed value" in relation to a tenement means the capital annual unimproved value at which the tenement is for the time being assessed in accordance with the pro- visions of the Tenement Rating Law; [Cap. 156.) ''catchment area .. means any area of land or water from which water contributes to the supply of any waterworks; "dwelling house" means any premises used wholly or mainly for the purpose of private dwelling, with or without any garage, out-house, garden, compound, yard, court, forecourt or other appurtenances belonging thereto or usually enjoyed therewith; '~excess consumption" means- •(a) in the case of a tenement in respect of which the general water rate is not payable, any quantity of water ascertained by meter as having been used in such tenement; (b) in the case of a tenement in respect of which the general water rate is paid, any quantity of water ascertained by meter as having been used in such tenement in excess of such monthly allowance as may be prescribed; :Ii B-2087 CAP.165 Bauchi State Water Board.Law "gathering ground" means any surface of land or water which collects rainfall for the purposes of any waterworks; "Governor" means the Governor of Bauchi State; "health officer" includes a medical officer of health, a health inspector or other person acting under the authority, whether general or special of the medical officer of health, and whether such health inspector or other person is serving in the medical or health departments of the Government or is in the service of any Local Government Administration; "member" means a member of the Board and includes the Chairman; "meter" means any appliance used for measuring, ascertaining or regulating the amount of water taken or used from any waterworks by means of any service; "metered supply" means a supply by means of a service where the water sup• plied is measured by meter; "occupier" means the person in occupation of a tenement in respi;ct of which the word is used or any part of such tenement, but does not include a lodger; "owner'' means the person for the time being receiving the rent of the tenement in respect of which the word is used, whether on his own account or as agent or trustee for any other person, or who would receive the rent if such tenement were let to a ten- ant, and includes the holder of a tenement direct from the State whether under lease, licence or otherwise; "private supply" means a supply by means of a service to any tenement for the purpose of supplying water to be used solely within the area of such tenement; "public fountain" means any fountain, standpipe, 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 there~£; • "public supply" means a supply by means of any public fountain, standpipe, valve, tap or other appliance, for supplying water to the public other than a private supply; "service" means all pipes, valves, cisterns, cocks, fittings, and other appliances, other than a meter, by or through which water flows or is intended to flow from a waterwork; "street" includes any square, court, highway, road, thoroughfare or public passage or place over which the public have a right of way; "tenement" means any land with or without buildings which is held or occupied as a distinct or separate holding or tenancy or any wharf or pier; "the Board" means the Bauchi State Water Board established under section 3; "the Chairman" means the Chairman appointed under section 4 (2); "the Government" means the Government of the Bauchi State of Nigeria; "the State" means the Bauchi State of Nigeria; [Issue 1) B-2088 CAP.165 Bauchi State Water Board Law "waterworks" means all reservoirs, ponds, boreholes, and wells which are used with any dam, weir, tank, cistern, tunnel, filter bed, conduit, aqueduct, main, pipe, fountain, sluice, valve, pump, engine or any other structure or appliance used or con- structed for the storage, conveyance, supply, measurement or regulation of water. PART II Establishment, Constitution, and Functions of the Board

3. Establishment or the Board There is hereby established for the State a body called the Bauchi State Water Board which shall be a body corporate with perpetual succession and a common seal and which shall have power to sue and be sued in its corporate name.

4. Composition and appointment or the Board (1) The Board shall consist of the Chairman and six other members. (2) The Chairman and every member shall be appointed by the Governor and unless removed by him, hold office for a period of three years from the date o'r his appointment . and shall be eligible for re-appointment . (3) The General Manager of the Board shall be an ex officio member of the Board.

5. Supplemcntury provisic,ms Schedule The provisions contai.ned in the Schedule shall have effect with respect to the consti- tution an~ proceedings of the Board.

6. Func_tfons of the Board It shall be the duty of the Board subject to the provisions of this Law- (a) to control and manage all waterworks vested in the Board under the provi- sions of this Law; (b) to establish, control, manage, extend and develop such new waterworks and to extend and develop such existing ones as the Board may consider necessary for the purpose of providing water in order to meet the require- ments of the general public, agriculture, trade and industry in the State; to ensure that water is supplied to the consumers thereof at reasonable charges and in potable quality and adequate quantity; (d) to organise the conduct of comprehensive research for the purposes of the Board from time to time on matters relating to its functions under this Law and to submit the result of such research to the Governor for the utilisation of the same by him in the formulation of policy relating to the supply and usage of water in the State; and (e) with the approval of the Governor to make arrangements and enter into agreements with any person, department, or office of the Government or any other body or institution, or to delegate authority to Jny of its mem- bers, offices, employees, servant or agent as agent for the Board, of any of the functions, services or facilities which may be exercised, performed or I. provided by the Board under this L.1w. B-2089 CAP.165 Baucl1i State Water Board Law 7, General 1>owers of the Board (1) Subject to the provisions of this Law, the Board shall for the purpose of carrying out its functions under this Law, have power to carry on all activities which are neces- sary, advantageous or convenient. (2) Without prejudice to the generality of the provisions of subsection (1), the powers of the Board shall include powers- (a) to adopt with or without amendments such master plans for the mainte- nance and development of its undertakings as its officers may prepare and submit from time to time; (b) to construct, reconstruct, maintain and operate waterworks, and all other stations, buildings and to establish, operate and control sewage systems, and works necessary for the discharge of its functions under this Law; (c) to carry any water-pipe through, across or under any street, or any place laid out or intended as a street, and after giving reasonable notice in writing to the owner or occupier thereof, into, through or under any lands whatso- ever but making good any damage done; (d) to abstract water from any lake, river, stream, or other natural source; (e) from time to time, to examine any surface or underground waters for the purpose of determining what, if any, pollution exists and the causes thereof; (f) to enter upon any land at any time for the purpose of laying, examining, repairing, or removing any water-pipe the property of the Board; (g) to construct public fountains in any street or other public place; (/,) at any time betwoeen the hours of six o'clock in the morning und six in the evening, or in cases of urgency at any other time, to enter into or upon any tenement into or upon which any service has been laid or into or upon which water fr9m any waterworks is supplied or flows, so as- (i) to inspect any service or meter and to ascertain whether there is any waste, leakage, obstruction or damage to any service or meter therein or anything in connection therewith; (ii) to ascertain the amount of water taken or used; or (iii) to disconnect the supply of water to any tenement, or to diminish, withhold, or divert the supply of water to any tenement through or by means of any service, either wholly or in part; (i) to diminish, withhold or suspend, stop, tum off or divert the supply of wa- ter through or by means of any service or public fountain either wholly or in part whenever the Board shall think necessary or proper and without prejudice to any liability to pay any water rate, meter rent or other sums due or to become due under this Law; (j) to enter into such contracts as may be necessary, advantageous or expedient for the performance of its functions under this Law, including contracts for the construction or extension of waterworks or bulk supply of materials; [Issue 1) 8-2090 CAP.165 Bauchi State Water Board Law (k) to acquire, purchase, lease, mortgage, hold, construct, manufacture or maintain any property whatsoever whether movable or immovable, re- quired for or in connection with the performance of its functions and to sell, dispose of, or otherwise deal, with such property or any part thereof; ({) to do anything for purpose of advancing the skill of persons employed by the Board or the efficiency of the equipment of the Board in the manner in which the equipment is operated, including the provision of facilities for training, education and research; (m) to accept or acquire and hold any security of any kind in any form whatsoever; (11) to surrender retransfcr or reassign any security held by the Board whether upon exchange for another security or upon discharge; (o) in relation to any sec~rity held by the Board, to exercise any power, right or privilege in respect thereof which a private individual would be capable of exercising in ljke circumstances; (p) to make, draw, accept or endorse, negotiable instruments; (q) to invest money standing to iLc; credit, and not for the time being required for its purpose under this Law, in stocks, shares, debentures or other securi- ties whatsoever approved by the Governor and with his approval to sell such stocks, shares, debentures or other securities; (r) to enter into any commitments, agreements or other arrangements in re- spect of the provision, distribution, supply or sale of water; (s) to insure its property against all forms of risks; (t) with the approval of the Governor, to write off bad debts. (3)' The preceding provisions of this section relate only to the capacity of the Board as a statutory corporation and nothing in the said provisions shall be construed as author- ising the disregard by the Board of any written law.

8. Committ ees of the Board (I) Subject to the provisions of this section, the Board may appoint one or more committees to advise or take any other action as the initiation, administration or progress of any project which the Board may undertake or in which it may participate or for any other purpose, whether general or special, relating to the functions of the Board, which in the opinion of the Board would be better regulated or managed by means of a committee and may delegate to a committee so appointed, with or without restrictioos, any functions exercisable by the Board under this Law: • Provided that the power to make rules or regulations or to borrow money shall not 0 he de)egated to any committe e by the Board. (2) The number of members Q( any committee appointed this section, the Chairman of the committee, the term of office and the remuneration of the members shall be such as the Board may, with the approval of the Governor specify. (Lc;sue I) B-2091 CAP.16 5 Bauchi State Water Board Law of th_e (3) Any committee appointed under this section may include, with the appro~al a of the Bourd but who possess sue~ special quali- guy,tnu r, p~r11un11 wi\tS ~"' 11ut m11mbut the work fications or experience as in the.\ opinion of the Board would prove beneficrnl to or purpose of the committee: s or Provided that the majority of the members of every committee shall be member officers of the Board. •

9. Power of Governor to give directions e of The Governor may give the Board general or specific directions as to the discharg its functions. PART III Fina,zcial Provisions, Assets and Liabilities of the Board

10. Transfer to the Board of waterworks, etc. in the (1) All waterworks which before the commencement of this Law vested such vesting shall extend Bauchi State Urban Utilities Board shall vest in the Board and includ- to the whole waterworks (hereinafter referred to as the "transferred waterworks") , assets, powers, rights and privilege s appertai ning ing all lands, works, and other property thereto or held or enjoyed in connecti on therewit h. [BA.S. 21 of 1986 (Repealed).] trans- (2) All liabilities and obligations of the Urban Utilities Board in respect of any due or to be discharg ed on or after the commen cement of this ferred waterworks falling Law shall, as from that date, become the liabilities and obligations of the Board. the (3) Every deed, bond, agreement, instrument and working arrangements to which Board was a party for the construc tion or otherwis e in respect of any Urban Utilities the cir- transferred waterworks, shall, subject to the provisions of this section, and unless the commen cement of this Law as if- cumstances otherwise require have effect as from (a) the Board has been a party thereto; (b) for any reference to the Urban Utilities Board therein there were substituted as respects anything falling to be done on or after the commencement of this Law a refei;ence to the Board.

11. Funds und resources of the Board and application of its revenue The funds and the resources of the Board shall consist of- (a) all sums, investments or other property whatsoever vested in the Board by the provisions of section 10; (b) such sums or other property whatsoever as may from time to time be ad- ' vanced by way of loan or granted to the Board by the Government; (c) such sums or other property whatsoever as may from time to time be ad- vanced by way of loan or granted to the Board by any Local Government authority, or Statutory Corporation in the State, any other Government in Nigeria or any agency or institution of any such Government, any private foundation or any person whatsoever; [Issue l] B - 2092 ,, CAP. 165 Baucl1i State Water Board Law by or vested in the (d) any investments or other property whatsoever acquired Board; property whatso- (e) money earned or arising from any investments or other • ever acquired by or vested in the Board; otherwise) or other (/) all other sums (whether as water rates or water charges or manne r becom e payab le to or vested property whatsoever which may in any its power s and duties or of a~y matter incidental in the Board in respect of this Law or by virtue of the provis ions of any other law. thereto under "

12. Expenditure of the Board's funds expenses including the remu- (1) The Board may apply funds at iLc; disposal to its own t of their duties as members and the payment neration and expenses of its members in respec ies and retiring benefi ts of its officers and servants. of salaries, allowances, pensions, gratuit incidental to the carrying out (2) The Board may incur expenditure necessary for or of its functions or duties under this Law.

13. Powe r to borro w money borrow money by way of (1) The Board may with the approval of the Governor, as the Board may with the con- mortgage or otherwise and on such terms and conditions functions. sent aforesaid, think necessary for the due discharge of its bound to inquire whether the (2) A person lending money to the Board shall not be consent required under subsection (1) has been obtained . . :·

14. Annual estimate shall prepare an estimate Before the commencement of each financial year the Board ial year and submit it to the Gov- of its expected revenue and expenditure for that financ ernor_ for approval. PART IV Administrative Organisation of the Board

15. General Manager, etc. al Manager who shall be a (I) The Chief Executive of the Board shall be its Gener of water supply engineering and professionally qualified engineer with sound experience for the carryi ng out of t.!le policies and deci- management and shall have responsibility sions of the Board in accordance with provis ions of this Law. t lo the provisions of this (2) There shall be a Secretary to the Board who shall, subjec e nature as the Board may from time to time Law, have such functions of an administrativ assign. the Secretary, and to de- (3) Power to appoint and exercise disciplinary control over as to remun eration or otherwise, is vested in termine his terms and conditions of service the provis ions of any regula tions or rules that may be the· Agency and is also subject to made under section 18 or 19 respectively. I [lc;sue 1) B-20 93 CAP.165 /lauc/1i State Water Board Law

16. Other staff of the Board (1) Subject to the provisions of this section, the Agency shall have power to appoint and exercise disciplinary control over such other officers, servants and agents as it may think necessary for the discharge of the Board's functions under this Law and to deter- mine their terms and conditions of service as to remuneration or otherwise. (2) The exercise of the powers vested in the Agency by subsection (1) shall be sub- ject to the provisions of any regulations or rules that may be made under section 18 or 19 respectively.

17. Secondment.and transfer of employees The Agency may employ on secondment such officers of the public service of the State or the service of any other State, Department or Local Government Administration as may, with the agreement of such officers, be seconded to the service of the Agency in accordance with the procedure applicable to the secondment of such officers.

18. Power to make regulations relating to employees of the Board The Agency m~y. subject to the provisions of this Law, make regulations with respect to appointment, promotion, transfer and dismissal of, and exercise of disciplinary control over the Board's employees, and without prejudice to the generality of the foregoing pro- visions, make regulations for any of the following matters- (a) the qualifications to be required for appointments; (b) the method of appointment (including probation and confirmation); ,,., (c) the form of any agreement to be entered into between the Agency and its enmloyees; • ,·: (d) th!! terms and conditions of service (without prejudice to the generality of thai ·~xpression includes the salaries, and allowances, the grant of advances, the provision of quarters, leave, and medical and dental treatments); 1 (e) th~ p;rocedure and requirements for promotion; (j) the maintenance of discipline (including dismissal and the termination of appointments); (g) th'~ t~ansfer of employees between the Board and State Government or Lo- cal. Government or any other statutory corporation; (la) such other matters relating to departmental procedure and duties and re- sponsibilities of employees as the Agency considers can be best provided for by regulation.

19. Power to make rules relating to retirement benefits for employees of the Board The AgencY:triay, with the approval of the Governor make rules, with respect to the Board's employee~, for- • •l (a) the pensions, gratuities and retirement allowances to be granted to pension- abl,e. employees of the Board and their dependants; 0 0 [Js.-.ue l] B- 2094 : I •I• ,, I . CAP.165 Bauchi State Water Board Law (b) the gratuities and retirement allowances to be granted to non-pensionallle employees of the Board and their dependants; •(c) all matters ancillary to the matters mentioned in paragraphs (a) and {b). PARTY Powers and Procedure in respect of Water Supply and Water Rates

20. Rates and scales of charges for water (1) The rates and scales of charges for water shall be such as the Board may, from time to time, with the approval of the Governor, determine. (2) Subject to the provisions of subsection (1), all charges for water sold in bulk or direct to consumers and for services rendered by the Board shall be fixed at such rates and at such scalei; that the revenue for such year from every source will be sufficient as nearly as may be, to pay- .• ' (a) the working expenses and other outgoing of the Board properly chargeable to income in that year; (b) the payments falling to be made in such year by the Board in respect of the interest on or repayment of the principal of any money borrowed by the Board; (c) such sums as the Board may think proper to set aside in that year for a gen- eral reserve, extensions renewals, depreciation, loans and other like purposes . .' (3)° Charges for water or services may, if the Board thinks it fit, be fixed at different rates and scales for different localities.

21. Power to levy general water rate in respect of tenement of persons (1) The Board may, in any area with the approval of the Governor, ey order direct- (a) that there shall be levied and paid a general water rate of an 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 he such percentage of that value as the order may prescribe: Provided that where a tenement is supplied with an internal pipe supply the general water rate may be increased in respect of that tenement; (ii) every person or any class of persons of sixteen years of age and over resident in such area shall pay annually such sum as general water rate as the order may prescribe; or (iii) there shall be levied annually in respect of every tenement such sum as general water 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 on one or other of B-2095 (Issue I] CAP.1 65 Bauchi State Water Board Law the methods of assessment herein before described as the order may prescribe and shall pay general water rate accordingly: Provided always that no person shall be assessed for general water rate in more than one of the various manners hercinbcfore mentioned; (b) that any tenement or class of tenements, or any persons or ~lass of persons may be exempted from such general rate; (c) that where assessment of the general water rate is made as provided in sub- paragraph (i) or (ii) of paragraph (a) such higher rate as the order may pre- scribe shall be levied and paid in respect of a non-domestic supply; (d) whether payments of general water rate are to be made quarterly, half yearly or yearly and that the first payment of such general water rate shall become due on such date as the order may prescribe: Provided that lb exceptional cases the Board may provide that the rate shall be paid monthly in advance; (e) that such general water rate shall be paid with retrospective effect; (f) the officer 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 retrospective effect: Provided that- (a) subject to the provisions of section 26, water has in fact been supplie d in respect of the period of which any order, whereby any general water rate is levied, is to be given retrospective effect; (b) nothing in such order contained or by virtue of any of the provisions of this Law shall constitute or be construed as purporting to construe as an offence committed by any person any act or omission by him which was not such an offence by virtue of the provisions or such order or this Law only in so far as the same has taken place, or has been construed on or after the date of the publication of the order of the State Gazette. (3) The application of any order made under this section may be general or may be limited as to area or time or otherwise.

22. Power to make regulation (I) The Board may, with the approval of the Governor, make regulati ons for the bet- ter carrying out of the provisions of this Law, and without prejudice to the generality or the foregoing provisions make regulations with respect to all or" any of the following matters: (a) the price of, or charge for, water suppli ed- • (i) by means of a public supply; (ii) by meter; (iii) by means of a private supply to a tenement; [Issue 1) B - 2096 ♦ 0 CAP. 16S Bauchi State Water Board l.aw (iv) to any office, barracks, institution, undertaking or building whether of a public or private nature; (v) to a site of any building under construction; (b) levy or impose a special rate or charge; (,::) the amount of rent to be paid for meters; (d) the officer to whom or the office at which the rate, charge or rent shall he paid, and whether such rate shall be payable monthly, quarterly, half 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 of water sup- plied by a public supply the manner in which the charge for such water 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; (/) the method and manner in which water may be taken from public fountains or a public supply; (g) the price to be paid for all services constructed or laid by the Board and the time and place for the payment of same; (h) the construction, laying, fitting, alteration or re-adjustment of services and the nature, quality, size and pattern thereof, and of meters used therewith; (i) the forms of all notices required to be given or sent under this Law and the issuing and service thereof; , (j) the control, whether or not by prohibition, or boating on or fishing in any waterworks; (k) the prevention of the wrongful opening or closing of any lock, cock, valve, sluice or any manhole appertaining to any waterworks o& otherwise belong- ing thereto; ,(/) the prevention of waste of water; (m) the prevention of the commission of any offence or 'huisance in or about any of the stations, works, plants, buildings or premises of the Board; (n) the prevention of trespasses upon or injury to stations, works, plants, build- ings or premises appertaining to any waterworks or otherwise belonging thereto; (o) generally for regulating the operation of the waterworks and governance thereof and maintenance of good order thereon; (p) generally for the preservation and consideration of the sources of water in catchment areas; (q) the prescription of penalties for offences against any regulations made un- der this section. (2) Regulations made under this section may given retrospective effect: Provided that- ' (a) subject to the provisions of section 26 water has in fact been supplied in respect of the period of which any regulations, whereby any price, charge B-2097 (Issue l) 0 • CAP.165 Bauchi State Water Board Law or amount for water supplied or rent for meters is to be payable, arc to be given retrospective effect; (I,) nothing in such regulations contained or by virtue of any of the provisions of this Law shall constitute or be construed as purporting to constitute as an offence at the time it took place, and any act or omission may be consti- tuted an offence by virtue of the provisions of such regulations or this Law only in so far as the same has taken place or has been continued on or after the date of the publication of the regulations in the State Gazelle. (3) If any person contravenes or fails to comply with the provisions o[ any regulations made under the provisions of this section the Board may, without prejudice to its right to take proceedings for a fine or other penalty in respect of such contravention or non- compliance, cut off the supply and in addition or in the alternative may, after such notice in writing as it may think fit, enter and cause any water fittings belonging to or used by that person which are not in accordance with the requirements of the regulations to be altered, repaired, replaced or removed,°and may recover the expenses reasonably incurred by it in so doing from the person in default in the manner provided for in the recovery of water rates. (4) The application of asy regulations made under this section may be general or may be limited as to area or time or otherwise.

23. Rating by more than one method Notwithstanding any of the provisions of this Law., no person shall be liable to pay rates levied by more than one method in respect of the same supply of water or to pay any charge as well as a rate in respect of the same supply of water.

24. Liability for payment of water rate or charge The owner and occupier of every tenement, not exempted from a rate or charge shall be liable to the Board for payment of the rate or charge, but unless otherwise prescribed in the order or regulations imposing such rate or charge the same shall be deemed an owner's rate, and ao; between the occupier and the owner of any such tenement, shall, in the absence of any agreement to the contrary, be borne by the owner, and the amount thereof, if paid by the occupier, may be recovered by him from the owner in an action for money paid to his use, or may be deducted from any rent due or to become due in respect of the tenement.

25. Recovery of rate or charge If any person fails to pay any rate or charge for which he is liable within one month after the same became payable, the Board may recover the same with costs in a court of competent jurisdiction.

26. Continuity of supply of water (1) The Board shall as far as possible maintain a continuity of supply of water: Provided that- (a) the Board shall have the right to suspend the supply of water for such periods us may be necessary for the carrying out of inspection, tests, or re- pairs and for the making of new connections; (L~sue 1) B-2098 CAP.165 BaucJti State Water Board Law (b) the Board sha11 have the right to suspend or discontinue any supply where the payment of any rates, dues, charges are in arrears. (2) ,The Board shall in no case be under any obligation to pay damages or compensa- tion for loss, damage on inconvenience caused to any consumer through any suspension, failure, discontinuance of a whole or partial interruption of the supply of water howso- ever caused.

27. Purchase and re-sale of water (I) The Board may purchase water in bulk and may resell such water either in bulk or by distribution direct to individual consumers. (2) No person shall resell water supplied by the Board save under the licence granted by the Board on such terms and conditions as the Board may prescribe: 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.

28. Service to tenements and payment for excess consumption and for meter rent (1) The Board may, subject to the provisions of any regulations made under section 22, supply water through any service to any 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 particular tenemeqt otherwise than throug~ a meter which shall be supplied, installed and maintained by the Board. (3) The occupier of a tenement to which water is supplied by meter shall pay monthly to the B~ard the amount due for the excess consumption and for meter 'lent. (4) 'The Board shall as soon as convenient after the end of each month notify the occupi~r of a tenement supplied with water of the amount due from him for excess con- sumptipn and for meter rent, and the amount payable for excess consumption and the meter rent shall be paid by such occupier within fourteen days of the service upon him of such m;>ti~e and if the same is not then paid the Board may disconnect the service to the tenement. (S};If any person fails to pay the amount due from him for excess consumption or meter rent, the Board may recover the same costs, together with the expense of discon- necting' the service to the tenement, in any court of competent jurisdiction. !·•

29. Board not responsible for safety of consumer's pipes, etc. The ·eoard shall not by virtue of making any inspection or test of the consumer's pipes, ~ttings, appliances and apparatus in accordance with this Law or any regulations made'thereunder, whether during the progress of the work of installation at the con- sumer's~ premises or after its completion, be deemed to be responsible for the efficiency or safety. of the consumer's pipes, fittings, appliances and apparatus so inspected or tested,,.for the proper execution of the work of installation, or for any damage or loss aris- ing 01,1t ,of the use or misuse of apparatus by the consumer or anyone other than an employ~e of the Board. [Issue 1) B-2099 CAP.165 Bauchi State Water Board Law

30. Entitlement to supply and preclusion of preferential treatment Except in so far as is otherwise provided by this Law, where a supply of water is pro- vided by the Board in any part of an area for private purposes, every person within that part of the area shall upon application to the Board, be entitled to supply on the same terms on which other persons in such part of the area are entitled under similar circum- stances to a corresponding supply, provided that in the case of a fresh connection adequate water can be made available without detriment to existing supplies to persons or institutions in the area.

31. Expenses of certain necessary alterations (1) If any person or any department of the Government or any other authority does any matter or thing which such person, department or authority is by or.under any law authorised to do and which necessitates an alteration in any part of any waterworks or of any distribution system vested in or the property of the Board, the Board shall on reason- able notice being given to it by such person, department or authority make such altera- tion, and the expenses incurred thereby shall be borne by such person, department or authority. (2) In the event of any dispute arising as to the amount of such expenses the same may be referred by either the person, department or authority as aforesaid or the Board to an arbitrator to be appointed .by the Commissioner. PART VI Accounts and Reports of the Board

32. Accounts, audits and estimates (1) The Board shall- (a) cause to be kept proper accounts in respect of its functions under this Law and other records in relation thereto; and (b) prepare, in respect of each financial year, a statement of accounts in such form as may be approved by the Governor. (2) The said annual statement of accounts shall be a fair and accurate statement of the financial position, and of the results of the operations, of the Board for the financial year to which it relates. (3) The said annual statement of accounts shall be audited by auditor or auditors to be appointed annually by the Board from a list of auditors supplied by the State Director of Audit and the remuneration to be paid by the Board to the auditor or auditors so ap- pointed shall be approved by the Governor. (4) As soon as the said annual statement of accounts has been audited as aforesaid the Board shall forward to the Governor a copy of the said statement of accounts together with a copy of the report made by the auditors. (5) Before the commencement of each financial year the Board shall 'prepare an esti- mate of its revenue and expenditure for that financial year and submit same to the Governor for his approval, and the Governor shall have power to disallow or reduce the provision ' • ' under any item in the estimate as he may consider necessary. • [Issue 1) B-2100 CAP.165 Bauchi State Water Board Law 33, Annual report (1) The Board shall within six months after the end of each financial year, make to the Governor a report, in such form and containing 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 (1) shall contain particu- lars of all directions given under this Law by the Governor to the Board during each financial year. PART VII Offences

34. (I) No person shall construct any waterworks without the approval of the Governor. (2) This section shall not apply to the construction of a well having a diameter not exceeding four feet and a depth not exceeding two hundred feet. (3) Notwithstanding the provisions or subsection (2) of this section no person shall pump water or permit artesian water to flow from a well having a diameter not exceeding four feet and a depth not exceeding two hundred feet or any borehole wi~hin one mile of a waterworks, unless permitted in writing so to do by the Governor: Provided that the Governor may by notice in the State Gazette specify any area be- ing further than one mile from any waterworks where water shall not'be pumped or arte- sian water permitted to flow from any such well or borehole without permission in writ- ing of t~e Governor. , (4) Nothing in this section shall affect the rights of any person under any other writ- ten law'.' (5) ·Any person who contravenes any of the provisions of this section shall be guilty or an offence and shall be liable on conviction to a fine not exceeding eight hundred naira or to irn,r,risonment to a term not exceeding six months.

35. Injury, pollution, etc. Any person who- (a) wilfully or negligently damages any waterworks, public fountain, service or meter; i (b) unlawfully draws off, diverts or takes water from the same or from any , 1 stream or water from which any waterworks are supplied; or ,. (c) pollutes any such water, or allows any foul liquid, gas or other noxious or injurious matter to enter into any waterworks or any service connected therewith, shall be guilty of an offence and shall be liable on conviction to of ten naira or to impris- onment· fine not exceeding six months and, for every day during which the offence con- tinue!l after notice in writing requiring the same to be stopped, to further penalty of ten naira each such day. (Issue I) B-2101 CAP. 165 Bauchi State Water Board Law

36. Waste and altering service (I) Any person who wilfully or negligently misuses, wastes, causes or allows to be misused or wasted any water passing into, through, upon or near any tenement from any waterworks shall be' guilty of an offence and.shall be liable on conviction to a fine not exceeding two hundr~d naira or to imprisonment for a term not exceeding one month. (2) Any person who alters, or causes, or permits to be altered any services, without lhe consent of the Board or contrary to any regulations made under this Law shall be guilly of an offence and shall he liable on conviction to a fine not exceeding fifty naira or to imprisonment for a term nol exceeding one month.

37. Fraudulent measurement Any person who alters, or causes or permits to be altered, any service with intent to avoid the accurate measurement of register of water by means of any meter or to obtain a grealer supply of water than he is entitled to, or to avoid payment therefor, or who wil- fully 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 imprisonment 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, 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.

38. Foul accumulation of earth, etc. Any person ~ho puts, or allows to be put, or to remain, or to accumulate on any tenement owned or· occupied hy 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 noxious or injurious matter, or any earth, deposited or excavated material in such !11,anner or 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 two hundred naira or to imprisonment"for a term not exceeding four months, and in respect of any period during which such matter, earth, deposited or excavated materials is allowed to remain after notice in writing from the Board requiring the same to he removed, to a further penalty of ten naira for eech day whilst the offence continues.

39. Hathlng, washing, etc. Any person who--- : 1• (a) bath~.s in any part of any waterworks; (b) washe~ throws, or causes to enter therein, any horse, dog, goat, pig, or othet animal, or any bird, or any clothes, materials or thing; or (c) wrongfully opens or closes any Jock, cock, valve, sluice or manhole be- longing to any waterworks, shall be guilty ofan'offcnce and shall be liable on conviction to a fine not exceeding two hundred naira or to imprisonment for a term not exceeding four months. - :c (Issue I] B-2102 .... CAP.165 Bauchi State Water Board Law

40. Penalty for refusing or failing to pay rates or charges Where any person fails to pay the rate, or rent payable by him by virtue of this Law, the Board may cut off any supply and may recover the expenses reasonably incurred in so doing and for reconnection from the person in default with costs in any court of compe- tent jurisdiction.

41. J>cnalty for inciting any person to re~use to pay rates or charges, etc. Any person who without lawful justification or excuse, the proof of which shall lie on the person chargcd- (a) incites any person to refuse to pay any rate or charge payable by him by virtue of this Law; or 0 (b) incites or assists any person to misrepresent in any way his rateable capac- ity or any information material to the assessment of or rating upon any tenement of which he is owner or occupier, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred. naira or to imprisonmegt for a term not exceeding six months or to both such fine and imprisonment. PART VIII Miscellaneous and General

42. Proof of moneys due. Power of moneys due In any action of recovery of any rate, charge or other moneys other than fines and penalties, due payable, or recoverable under this Law, a certificate from the Board or of any person appointed by the Board, in that behalf, that any sum of money is due and that the defendant is the person liable to pay the same, shall, in the absence of any evidence to the ~ntrary, he conclusive evidence of such debt and of the non-payment thereof, and that the defendant is the person liable lo pay the same. 43. ro)Ver of entry by health officer I A,health officer or any person authorised in writing by him may enter waterworks be- tween ,six o'clock in the morning and six o'clock in the evening or in an emergency at any other time for the purpose of inspecting such waterworks or any part thereof, and of taking samples of the water supplied from such waterworks.

44. Power of the Governor to surcharge persons (1) Where, upon considering any audit report on accounts or in any other case, the Governor is satisfied that in respect of the functions of the Board under this Law- Jiz) any sum due to the Board has not been duly brought to account by any per- son by whom such sum ought to have been brought into account; or (b) any loss of or a deficiency in the moneys or loss or destruttion of any other property of the Board has occurred by reason of the negligence, breach of official duty or other misconduct of any person, the Governor may surcharge the amount of such sum, loss or deficiehcy, of the value of the property lost or destroyed upon the person aforesaid whether he be a member of the Board .or an officer or other employee or agent of the Board. B-2103 (Issue 1] "" CAP. 165 Bauchi State Water Board Law (2) Before exercising any of his powers under subsection (1) the Governor may by writing under his hand authorise any person to conduct an inquiry for the purposes of this section and to take evidence and examine witnesses upon oath or affirmation (which oath or affirmation that person is hereby empowered to administer) and that person may, by summons under his hand, require all such persons as he may deem fit to appear before him at a time and place to he stated in such summons and to produce all such books, re- cords, accounts and other documents and materials as he may consider necessary for the purpose of the inquiry. (3) If the Governor decides to surcharge any amount upon any person under subsec- tion (1) he shall ea.use 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 date of the service of the notice as may be specified therein. (4) Notwithstanding any of the provisions of subsection (3) no liability to surcharge shall be incurred by any officer, other employee or agent of the Board who can prove to the satisfaction of the Governor that he acted in pursuance of or in accordance with the terms of a resolution of the Board or of any committee duly appointed under this Law, or on the written instructions of any officer other employee or agent of the Board to whose orders, on relation to the matter in question he was subject: Provided that nothing in this subsection shall exempt any person from liability to surcharge in accordance with the provisions of this section where that person knew or ought reasonably to have known that the terms of any resolution of any written instruc- tions as aforesaid were not in accordance with the provisions of this Law or any regula- tions or rules made, or directions given hereunder.

45. Recovery of.surcharges Any amount notified as a surcharge in accordance with the provisions of Gubsec- tion (3) of section 44 shall he a debt to the Board, and may be sued for and recovered in any court of compc!ent jurisdiction at the suit ~f the Board. r1:

46. Appeals agamst surcharges (1) Any perso~'. who is aggrieved l'>y any decision of the Governor to surcharge any amount upon him n:my, if the decision related to an amount exceeding four hundred naira, within thirty days <,>f,such decision, appeal to the High Court. (2) The High Court on such appeal shall have power to confirm, vary or quash the decision of the Gqvernor and to give such directions as the court may deem fit in the matter. <' 47, Preliminary fnvesligation in respect of land required for waterworks (I) Whenevc~ it: appears to the Board that any land in the State is likely to be needed for the purposes of any waterworks, the Board may, by its servants and agents, together with all necessary workmen, enter upon any such land and- (a) survey,and take levels of the land; (b) dig or bore under the subsoil; and (ls.~ue 1) B-2104 ... CAP.165 Bauchi State Water Board Law (c) do all other acts necessary to ascertain whether the land is adaptable for such purposes: Provided that no such agent, servant or workman shall enter any building or· upon any enclosed court or garden attached to a dwelling house (except with the consqh_t of the occupier thereof) unless at least seven days notice of the intended entry has been· g1ven to such occupier. ·' • (2) As soon as may be convenient after any entry made under subsection'(!) the Board shall pay compensation for all damages arising out of the exercise of any power conferred by that subsection. (3) In the case of dispute as to the amount of any compensation payable the ·amount may be determined by the High Court or a District Court having jurisdiction in respect of the place where the land is situated.

48. Use of water by Ore authorities (1) Nothing in this Law shall preclude any fire authority or fire brigade from a~'stract- ing water, for the purpose of the prevention or control of fire, from any public fountain, service or waterworks of the Board . • (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 unre.isonably withheld. (3) No charge shall be made for water supplied by the Board under subsection (1) 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 therefor by such authority or fire brigade, but such main, pipe, valve, hydrant, service or other waterworks shall vest in the Board in perpetuity but shall be maintained and re- newed 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 expressions "fire authority" and "lire brigade" means any authority or body of firemen respectively constituted, organised or established under any written law.

49. Execution or issue of instrument (1) Any contract or instrument which if entered into or executed by a person not be- ing a body corporate, would not require to be under seal, may be entered into or executed on behalf of the Board by any person generally or specially authorised by the ~o,ard for that purpose. • (2) Any document purporting to be a document duly executed or issued ~nder the seal of the Board or on behalf of the Board shall, unless· the contrary is proved, be deemed to be a document so executed or issued, as the case may be. B-2105 (Issue 1) CAP.165 Bauchi State Water Board law

50. Restriction on execution against Board's waterworks No execution or attachment or process in the nature thereof shall be issued against any waterworks vested in or the property of the Board, but any sums of money which may be the judgement of any court awarded against the Board shall, subject to any direc- tions given by the court whe~ notice of appeal has been given by the Board in respect of the said judgment, be paid by the Board from its funds.

51. Service of notices, etc. Service upon the Board of any notice, order or other document may be effected by de- livering the same or by sending it by registered post addressed to the Secretary of the Board.

52. Waterworks excluded from rates Waterworks vested in or the property of the Board shall not be regarded as heredita- ments or tenements to be valued for rating purposes under any law.

53. Regulations made under the Watenvorks Law Any regulations made under the Waterworks Law and in force immediately before thu date of commencement of this Law shall continue in force as from the date as if made by the Board under this Law, until such regulations are revoked or replaced under the provi- sions of this Law, and accordingly references in any such regulations to any water author- ity or to any other authority or person, shall with the necessary adaptations and modifica- tions, be construed as references of the Board. (N.N. 1963 C~p. 137.) SCHEDULE Constitution and Proceedings of the Board 0

1. Every member of the Board (other than an ex officio member) shall, subject to the provi- sions of this Schedule, hold office for a period of three years from the date of his appointment.

2. A member of the Board ~ho has ceased to be such member shall be eligible for re- appointment.

3. (1) If the Governor is satisfied that a member of the Board- (a) has been absent from three consecutive meetings of the Board without the per- mission of the Governor in the case of the Chairman, or of the Chairman in the case of any other member; (b) has become bankrupt or made an arrangement with his creditors; (c) has been convicted of an offence involving or necessarily implying fraud or dis- honest and has undergone a sentence of imprisonment therefor; (Issue t) B-2106 CAP.165 Bauchi State Water Board Law (d) is incapacitated by physical or mental illness from perfonning his functions as a memhcr; (e). has such financial or other interest in the operations of the Board or otherwise as in the opinion of the Governor is likely to affect prejudicially the discharge by him his functions as a member; or (j) is otherwise unable or unfit to discharge the functions of a rpembcr, the Gover- nor may revoke the appointment of such member. (2) Notwithstanding anything contained in the instrument by which a member is ap- pointed, a member may resign his o'rfice as a member by notice in writing to the Governor, and upon receipt of such resignation by the Governor the appointment of such member shall be terminated. . . (3) Notwithstanding the provisions of paragraph (1) the Governor may at any time re- move any member from office.

4. Vacancies No act or proceedings of the Board shall be questioned on account of any vacancy among its members or on account of the appointment of any member having been defective.

5. Temporary membership Whereby a member of the Board is temporarily incapacitated by illness from performing the functions of his office or is temporarily absent from Nigeria, the Governor may appoint any person to hold temporarily the office held by such incapacitated or absent member during the period of such incapacity or absence and all the functions of such member under this Law shall devolve upon the person so temporarily appointed.

6. Co-option of persons Where upon any special occasion the Board desires to obtain the advice of any person on any particular matter, the Board may co-opt such person to be a member for such meeting or meetings as may be required, and such person whilst so co-opted shall have all the rights and privileges of a member save that he shall not be entitled to vote on any question.

7. Mee~ing and procedure (l) The Board shall hold such and so many meetings as may be necessary for the due fulfilm~nt. of its functions so, however, that it shall hold at least four meetings in every year. (2),·At a meeting of the Board- :~a) the Chairman of the Board shall, if present, be Chairman of the"lnceting; (b) if the Chairman of the Board is not present or if the office of Chairman is vacant, the mcmhers of the Board who are present choose one of their number, to be the Chairman of the meeting. • (3.) Every question at a meeting of the Board shall be detennined by a majority of the votes ofthe members present and voting on the question, and in the case of any equal division of vote~, the Chairman of the meeting shall have a second or casting vote. (4) Any four members of the Board may by a notice in writing signed by them request to call a special meeting of tho Board for the purposes set out in such notice and the Chairman shall thereupon cnll a special meeting.

8. Quorum One-half of the members (including the Chairman or other member presiding) shall form a quorum at any meeting of the Board. B-2107 [Issue 1] CAP.165 Bauchi State Water Board Law

9. Common seal (I) The Board shall as soon as may be after its establishment provide itself with a com- mon seal. (2) The common seal of the Board shall be authenticated by the signature of the Chair- man of the Board or some other member thereof authorised by the Board to act in that behalf and lhe signature of the Secretary of the Board. (3) Judicial not\ce shall be taken of the common seal of the Board and every document purporting 10 be an. instrument made by the Board and 10 be sealed with common seal (pur- porting to be authenticated in accordance with this paragraph) of the Board shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

10. Standing orders Subject to the provisions of this Law, the Board may make standing orders for the pur- pose of regulating its own proceedings . ... ..... [Issue I) B-2108