Enugu State Water Corporation Law

. , ~- ·. · . . - .·. Enugu Sr(l(e Wate-r COJpormion ICAP. 76 · CHAPTER 76 . ENUGll STATF. WATER CORPORATION LAW · Arrcmgement <f .sections Senion I. Short title. 2. 3. 4. . 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Interpretation. Establishment of Corporation. Functions of Corporation . Establishment and composition of Board. Delegation of functions. Tenure of office. Remuneration and allowances. Meeting of Board. Validity of Proceedings. Common seal. Contracts not requiring seal. Disclosure of interest. Authentication of document. 15. Appointment and functions of Managing Director. . . I 6. Establishment of Department. 17. Executive Director (Administration). 18. Appointment of legal adviser. 19. Directions of Governor. 20. Power to engage staff. 21. Charge in respect of water supply. 22. Purchase of water in bulk and licences for private works. 23. Service to tenements on application. · 24. • Inspector of works instructed by persons other than Corporation. . . 25 . . · Entitlement supply. · · 26. Expenses of necessary alterations. 27. Continuityofsupply. 28. , . Rates and scales of charges .for water .. · 29 · · Q9rpo1: ation n:~ay supply water by meter. : :Jo:·:.·-· funds ofCorp9ration. . . · .. ; i \ ,; . !t ~:::11!!~f ~vetnlnent of loan 19 Corporation. · 33 · Accounts and a,udits: · . . . ·. ··/ :·- ,· .: 34~ · · Aqoual Reports andbud:debts; ,· ' . r • . ··.• ; .. · .' :·; . ~ .- . . ·,· ., . : -: ~ . : ;·--: ;,, , . . . -. . ·. '.:..':: : . ,::>{:: .:1(-,1;.;•i~~[c;,;;ii5'~2~;1;J~I~!~ • ~ . ' . 't' .. ; .. • ,:.<); ' :'}i ":. :.- ,":-:-~-.:. --~ :· .. ~ - t I I / , ' ' t ! , I . i 2122 CAP; 76] Section 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47 . 48. 49. 50. 51. Enugu State Water Corporation · Transfer Corporation to own all asains, etc. Restriction on designs with immovable property. Provisions relating to abstraction of water. Damage to waterworks and pollution of water, etc. Fraudulent measurement of water. Bathing and washing. Imprisonment against payment of rates or charges. Indemnity of Corporation. Limitation of suits against Corporation. Service of documents. Restriction on execution. Representation of Corporation. Reiation with other authorities. Regulations. Water Committee. Non payment of water rate or charges. ·~. - . . , , ..... . .: ·~ •, : ·:::. . .. ~ . ,. • • • lo . . ~ ' . , .- .. :,., ·· :c:·· .. 7 ' i l ' . 1 t' , i I •' \ !\; ' ·,. ., . : . . . r.-· ~'.. . L; I ,' , , . ' --~ • 1 ., , f ., . ,.' ' ! ' ~ . t:1 ''a,\1Pl oovi relal "a~t ann1 fum oth1 Cor '.'Be "Ct t( . "d, · .. . fo, . '•.r, :- l l ,, ·~;:' · ,,·. ,·. '.:· "· '• ~ , .. ,: , 1:, .~,, ~· . r· ~. , Enu.gu State Water Corporation [CAP. 76 2123 CHAPTER 76 ENUGU STATE WATER CORPORATION LAW. · A Law to establish a water supply corporation for the State, make provisions for the functions and administration of the corporation and for related matters. [2T' August, 1991] l.The Law may be cited as the Enugu State Water Corporation Law. ENLS 1997 NO. I ENLS 1999 NO. I Short title. 2. In this Law - Interpretation. "appropriate authority" means the Ministry or Department of the State Government for the time being charged with responsibility for matters relating to water supply: "authorized undertaker" means any person or body of persons to whom an annual · licence is granted by the Corporation to carry out any of the functions of the Corporation or to sink a well or borehole or to operate any other private waterworks or device by which any of the functions of th~ Corporation under this Law is carried out; "Board" means Board of the Corporation; · "Chairman" means Chairman of the Board; ··corporation".means Enugu State Water Corporation established by section 3; '~domestic supply" means water from any waterworks used in any tenement for drinking, washing, cooking, bathing or for any other domestic purpose~ . ''dwelling . house' '.- means any premises used wholly or mainly for the purpose of private ~welling, with or without any garage, outouse, garden, forecourt or other appurtenances belonging thereto or usually enjoyed therewith; "Executive Council" means State Execµtive Council. "fireauthority0 means Department of Govetnment responsible fo1~ the fire service of · the State, and also the body of fire men established . and ·- . . mai11tained by such t)epartments; · . : . ~ . .. -· . · . . : ; . . '.,··:· ' '; .... ,.; .: . :. .. -:""· ..... ·· · .. ·:.:.~, .. -,tlfj ~- •. . : .•.: ?'·: ;: ~ . :, .• ~- -~-- !~-;- , . . :· .. .. : . . ... . . 2124 CAP. 76] Enugu State Water C01poration "financial year" means the period of twelve months starting from l qr January and terminating on 31 st December; '·Government" means Government of the State; ·'Governor" means Governor of the State' ·'industrial purpose" means a purpose relating to the estabJishment or operation of any industry or commercial enterprise; "Managing Director" means Managing Director of the Corporation; "member" in relation to the Board 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 or any office, gauge or other appliance used in estimating the flow of water in or from any part of any waterworks; "non-domestic supply" means any water-supply from any waterworks used for the purpose of, or in carrying on, any trade, business or manufacture, or for profits, or for private fountains, or for any ornamental purpose, or for the supply of ponds or tanks, or for laundries or public wash-houses or public baths, vessels, ships, boats or machinery; and also water used or consumed by any person resident in, or occupying any premises where a non-domestic supply is given, or any water taken or used from any waterworks for the use of government or Local Government or used from any waterworks for the use of Government or Local Government or a department thereof; "occupier" in relation to a tenement means the person other than a lodger therein, who is in occupation of the whole or any part of the tenement; "owner" in relation to a tenement includes the holder of a tenement direct from the State whether under a certificate pf occupancy, licence or otherwise; Hpublic 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 and owned b); the . Corporation; "service'' . means all pipes, valves, cisterns, cocks. fittings and · other appljances (excepting riny meter) by or through which water tlows or is . intended-to flow from a·ny waterworks, m1d b~Jng the property of the owner or occupier of such tenement~ · · "~tate" means Enugu Statfr of Nigeriu; · .· . . . . "street" incJudes:any square~ court., highway, road, ·public, passage or place ?ver which the public has a righl of way, wheihe·r ·a·' t6or9ughfare · or ·,10t; . · " basement,, mean~:Jand with Of Witbodt' buiJ ding,theteC>ri1 Which is h~ Jd or IS a distinct or s~p~ate he1ding or ~ei:iancy, 0~ a:ny· wharf or pier;· . . · .. '. - · . .. :; :: . . , : . . . . . ·-.. ... ' , · - ,\ : -·. ' ,·· ·. .. . ',. . . , ··· .::.·· . . : .. ·' J I •• • .'1 Enugu State Water Corporation · (CAP. 76 2125 .. ·· · ~'waterworks" includes all reservoirs, dams, wells, tanks, cisterns, tunnels , treatment plant, conduits, aqueducts, mains, pipes, fountains, sluices, valves, pumps; engines, or other source of supply and all other structures, · or appliances used or constructed for the storage, conveyance, supply, ·· · measuren1ent or regulation of water which are vested in the Corporation by · virtue of this Law, or are required by the Corporation or erected, used or · . con.structed by or on behalf of the Corporation and are the property of the · Corporation. PART 11.-EST ABLISHMENT, FUNCTIONS AND POWERS OF CORPORATION 3. There is· hereby established a body to be known as the Enugu State Water ·corporation which shall be a body corporate with perpetual succession and . a common seal and with power to sue or be sued in its corporate name and to acquire, hold and dispose of movable and immovable property. . ~4.(1) The functions of the Corporation shall be to ~evelop, p~ovide, conserve · and distribute in the State, water for pub he, domestic and industrial purposes and to charge adequate fees. ~(2} .For the purpose of carrying out the functions set out in subsection ( l ), · .· the Corporation shall have power - . (a) to prepare all plans necessary for the maintenance and development · · of its undertakings;· : ·. · . · . (b) to oonstruct, reconstruct, operate and maintain waterworks, stations, ~, , :!~:: ::e,~::rL:ts necessary for the discharge of i\s t :..: . (c) to carry any water .. pipc alongt through, across or under any street, ;,;;. ::: ·· . .·.· · · · but inso doing the relevant regulations .of the competentnuth01·iHcs · -· · · .. shaU be complied with; · ~· • ·. · . . '(d) aft.er giving a reasonable n;oticc:in writing to the owner or occupier · · ·. thcreof;to carry,any ·water .. pipc into ·throttgh or.under tui.y ·.land · . without paying any ~ompensation· in respect thereof,: but -n1aking ·g()qd any damage done to such land; · · Esta bi ishment of the Corporation. Functions of Corporation. .: :. ' ,·. . ' · .. . ,: . .. ,· : . . . . ' . . .. ·.. .. · . . .·.:: .. :/\ii,~.':)Ji1 · .,, .. ',, ·--.·--··· ... ..-.~~--~ ~~~~;.... ..... 'ii.is; -·.·: -· ·--c-··---~ -· 11111lliliilr·; ' •. ' . . • ' ~ I ' ' • 2126 CAP~ 761 Enugu State TYater Corporation (l!) to abscract water from any lake, river. eros ion or ~thcr natural water · sources within the State, and by arrangcme11t with the authorities concerned. from any other water in or outside the Stntc but in accordance with the provisions of any Law in that respect (I) from time to time, to examine any surface or underground waters ,vithin the State for the purpose of determining what if any, pollution exists and the cause thereof and, by arrangement with thl! authorities concerned, to do likewise with respect to other ,v.1ters in accordance with the provisions of any Law in that respect; (g) to construct public fountains in any street or other public place; (h) at any time between the hours of six o ' clock in the morning and six o ~ clock in the evening or, in a case of emergency. at any other time. to enter into or upon any tenement or land upon which any service has been laid or any water fron1\any waterworks flows in order (i) to inspect any service and ascertain any wastage. leakage. · obstruction or damage to any se1:vice or meter therein and anything in connection therewith; or l .; ii) to ascertain the amount of water taken or used therein; or J1°iii) to disconnect the supply of water thereto or diminish. withhold or divert the supply of water thereto through or by means of any service, either wholly or in part; (i) to diminish, withhold, suspend, stop, turn off, divert the supply of water through or by means of any service or public fountain either wholly or in part whenever the Corporation thinks it necessary or, proper so to do, 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 or advantageous or expedient for the performance of its functions tmd.er this Law. including contracts for the construction or extension: of waterworks · · o r for the bulk supply of materials; . ·; .· · · · . ·. . · . · (k) to acquire, purchase, lease,.hold, contract, manufacttJfc .or maintain any property whatsoever whether 1·novable or ii11movtlble.as the case · · · may ?e, requi.J:red for or in: 0011nect1ori witb.-the per.forn~ance of its ·· functions and to sel I; dispose Of or otherwise q~al wiith s uch property . or any part-the1~eof;. . · · .. , . · · · · · · · · • ' ~ 1 • • · .· .. .. ;, ~ . . . ' .·, ·,··:· ' .. •' : .. ·~· ' <" • . . . ~ . . :, ,. · .• ." , \ ~·;: ·. ·· . . " . . . . ' ~ ,. I' ,· . . . • .' /.· '· , -,! ' : ~~:".'" ,. ~"" · -;~~~~""'.-~- ~-- ·-- ·~ -----------:~,...,.,.... .. . · .., .. .. .. ·., :.,:·, ;: .. . . ·. r . ('.;:. ' . ! . ; ~-~. . [' i ; .. · ... , ' '. Enugu State Water Corpora/ion (CAP. 76 (l) to enter into any agreement with any person for the supply, · construction, manufacture, maintenance or repair by that . person, of any property whether movable or immovable which is necessary or appropriate for the purposes of the Corporation; . (n1) to do · anything for the purpose of advancing the skills of persons employed by the Corporation, including the · provision of facilities for training, education and research; or for securing the efficient running of the service and . waterworks of the Corporation; or for improving the manner in which the same are operated; (n) to accept, acquire and hold any security; ( o) to surrender, re-transfer or reconvey any security held by the Corporation whether upon exchange for another security or upon discharge; (p) · in relation to any security held by the Corporation, to exercise any power, right or privilege in respect thereof in like manner as a private individual would be capable of exercising in like circumstances. ( q) to invest money standing to its credit and not, for the time being, required for its purpose under this Law, in lands, buildings, housing estates, shares, debentures or other securities whatsoever approved by the Board and to sell such. . buildings, stocks, shares, debentures or other securities. (r) to enter into any commitments, agreements or other arrangements in respect of the provisions, distribution. supply or sale of water~ . . (s) to insure it~ property against all forms, .of risks; . (t) . to conduct researches relative to . water supply and. related · ·· subjects; .· · · .. -(u) . to·detetmihe adequate fee·s or charges,an.d effective method '.· ' ,,: . ' .. ,. fof coltectimft~ereof for watersttpply and collect such fees ,·, ; ': C ' : .- : , , or,charges, so ~owev~r that ,1ny J~!idjf ees orcharges\~hall be , . ap'proved by 'the dover~cfr;: c· •. · , · ·,. . •. < - - . . . . - . . . ' •. ~ : '.' ,·. , .. ,. . ' ,-.- -~ .c. ·--.. : ., . . . . " . ; ~ . ,; . · ... .. 2127 :,·.~ ·. . . ' (v) (w) 1· > !f ~· (x) ff.· v-. (y) (z) (aa) (bb) (cc) (dd) (ee) · ... -- ; . ·; ~--~. , .. ;,- .~ :; ·, . ,., ·: •, .. \ , ,•, . ' Enugu,Stale Water Cc,rp(>n1tion·• . '-~ .: .. · -~,. ' ' to set up standards relative to Water supply fa collabotation ... with the Federal Ministry for the time being charged with ' · responsibility for water; · to manufacture, acquire, sell and install withiJ1 the State · · meters for use by any person, authority, company, or body > (corporate or unicorporated) whether in respect of the waterworks of the Corporation or any·other waterworks in .· the State; · . · to establish and control all water treatment systems in the State; to provide, design, distribute and conserve, in the State, water for public, domestic, industrial and commercial purposes; to procure and maintain shops and showrooms for the display and sale of water equipment of all kinds; to establish, operate and control water treatment systems in respect of the works and services mentioned in this section; to maintain all equipment and plant of the Corporation; to liaise and co-operate with all other Government agencies . with similar objectives; to perform such other functions as may from time to time be assigned to it by the Government; and to do anything which in its opinion is requisi te, advantageous or convenient for carrying out its functions · under this Law. · :// . . / J . ,'. . ~· '; ' t.· .. : .. :? EsWJlishmc,,t . ··. S. (1) Th.ere is hereby established for the Corporation a Board to be known . ~~- . . • .·· . · ·as the Enugu State Water Corporatiob Board which shall ·consist of the ::coi'npositions) following members - . , . . ', . . ·· .. . } of,tncBoard. · . . (a) the Chairman who shall have experience .i n water sµpply i~iqustry, l/i and who shall be appointed by the Governor; · · · · ·. . . : ·:· ·· · (b) the Permanent Secretary.of the Ministry chargy9. withresp o~s1b1hty'. . for public · water supplies or his representative. w,p~ s~ att. ·'.~b~ /1fl ,; , .-. officer not belowtherankofOirector; , · .·· .. )' . ·.-.· '?: · '. <l· :.· ( c;) the ManagiQg Director t>f the Corporation; . · . · . · '.. ·e-~.· ." .. ·: .':'(-, (d) · th~·'Exec-utive·Directorof.theDepattmenfofFi,nan~~and .S\JpPl11;s, . ·· .... >:'/;ft (~) the Exec uttve O~rec(Qr,o ~thf!. ~p~met9ial p~epartr}:ent,. . . : \ : · t · . , ·:(t) • ,the ,E~ecunv~ip ~~e~.t(?r~J tµ~.Eqi;u1e~pm~ II~·~-~·11;~~1 D~pa,rtf!1.;:J . . . ·(g) .,, n9} more tha~ s1,c0.ther p~rson:; lftG.ll14tng.~he. cha1pnan apppl~ ·· ...... ·. · · by the Governot on part t' b i ~ ' ··· ·· · ·-- · · · · ·· · · < <·. · :.: /'~f .·. ~:i~;~~zt:r~iTuii:~7±::!dlI!ti~i;;i~<iil'· /, . ,, i·- :/f/.:.<~. ,,.: .:\0/\?j ,>:<, ·;-.' ;:~:;·-.~ ··,: ~;.; :. ·: . ~.,~·~·-::-1: !\ . \ -· .~~·~:--:·~ ~:· ~~ :-~~· ·.: :~: .. ::~·-· :-'Wll!j% ,l i@Jrli''" • - -- -. . . ·. . . ~-·. : .· :.·, .\ : .. . : .. -' Enugu State Water Corporation [CAP. 76 2129 I j < ··· ·• ~!J1::'a~!.:fJd shall be the governing body of the Corporation and shall in ' "'-' .. - (a) .· exercise all the functions of the Corporation; and ( :; . (b) do or carry out all acts or things which the Corporation is by this f . . Law.or may by any other Law, be required to do or carry out. J;;. I: ~~ .. .. 6. (1) The Board may delegate to any person or persons any of its functions under this Law as the Board thinks may be more conveniently dealt with by such person or persons so as to enhance the efficient conduct of the affairs of the Corporation. (2) Notwithstanding subsection (1) the Board may delegate its functions of collecting water rates and charges or other revenue to a Local Government in whose area of authority such rates, charges and other revenue are payable. Delegation of functions. 7.(1) Subject to the pleasure of the Governor, a member shall hold office Tenure of for such period not exceeding three years as may be spedfied in the omcer. instrument by which he is appointed: · Provided that every such member shall be eligible for re-appointment. . (2) Notwithstanding anything contained in the instrument by which he is appointed a member of the Board other than an ex officio member may . resign his· appointment in writing under his hand addressed to the . Gpvernora nd upon receipt by the Governor of the letter of resignation the ~ppoiniment of the member shall determine. · 8.-.Th~. -rennmer~tion and allowances i ncluding terms and conditions of R~muncration .service .of membei;-~ of the Board shall be specified inthe instruments by and allowances. ·' wh~cpip~y ¥.e appointed: :· . . . ·:. .i. .·:·'. . : .. , ·,: , . . .. . ' . • '. ,,! .. . . .. : :9.:(lf'.fhe):l9~dsha.ff1tol~ m~etingsa;s ~d when the need arises proyided, Meetings of \ : :th at there· shall .be:a.t. lea~t fo.ur. tneetings of the Board in any . one. year. Board· ·; · ) .. :,"-: ;: "c2) -A1fµte~gs of t.lje soard shatl b~ summoned at the direction or the ·.· .. :;: .:- .. :': Cha-frin an~ :. . -. , ; .· ·;· . . ; .. ·. : -·, · .. ~ : ;: . . . .· . - . . · . · . . · , .. I:·:• . ,!: .. ' . ··.· ·: · . ~. . . !'\ ~ . ' ,-.. ...: '. •. '• . ;·· .... ·• c, ' ' : ~.,:· •• ; '• · 1 • ,·· ~ .. ·:. .-· ' ./. .,. . · -~ ..,. --· .· : . "'. ,. ""~·~::;'.· :~ tr·~~~..s :··,,, 't . ;,<. . . ,-;:~'\. 2130 CAP. 761- · Enugu State Water Corporation -~,!:-~-~~~~:.. ,..... ~-----....,...--,-:-----:--:---.; ;. Provided that where (a) the Chairman neglects or fails to sum mon a n1eeting within three· months from the date of the last meeting; · (b) the Chairman is away for a period of three months or mote; or-· ' , . '·-· . ( c) the Chainnan is ill or incapacitated or for any reason unable to • · discharge the functions of a Chairman. any two or more members may by notice in writing signed by them and· served on the members summon a meeting and give reasons for their doing ·· so. . . . . (3) Every meeting of the Board shall be·presided over by the Chairman, but in his absence or incapacity, the members present shall elect from among .· their number one person to preside at the meeting and the person so elected. shall have all the powers and privileges of the Chairman for that meeting. ( 4) The quorum at a meeting of the Board shall be the Chairman and two other members or at least any three members. (5) The Board may make standing orders to regulate its procedure, ( 6) The Board may co-opt any person to be a member for such meeting or · · · meetings as may be required and such person while so co-opted shall have · - · · all the rights and privileges of a member save that he shall not be entitled :. : · · to vote upon any question. 1 · ValidiiyOr 10. The validity of any act or proceeding of the Board shall riot bea,ffected . proceedings. , . .. . )·. by any vacancy among the members thereof, or by-reason thatsome person . ; t:- .· .· . who was not entitled to-do so, took part therein. . · ':J . r · Co~~o~ seal 11. The affixing of the seat of the Corporation shall be authenticated 1>Ythe •. • ' · ·. • •. ·/ · signatures of the Managing ·Director ·ors~me other 'ril~mber-ofthe Boa,rd : ::.- ;: · . . I . .· . . . · .. autporized,"either ~nerallyilr ~pee iftcally, .bY 1:he Board t1)j1(!(jn hiss~ : .( /:( ·t;, . · · · .. .fqr the ~rpose ; and ·<?f the Secretary to th~ Board or.s01ne 0~1ec~rs.o8' -., -. > . :· . . r ·· .. autho~ized; ~-~-t:~er gener~Jly or spe:c'ifi~ally, bythe Board.to ac:fiffi.rf sfea . ,: -·:-:-·:· .. ::r : : .. ,i' for the p:urpo$e. ' . : :.;.; ·, . C : ~;• - , : • :-• , . • ' ,.: , • r •' :• , 'i . ·. . ' , . .... - .' :• ', ., .· ' - . , .. ' :;,· - . :-!'' -: ,. ; .,· ·'·· ;{: -c~~r~cdtsSno,·t · , ., '.: 1.2.: Any· ~<?ttfr.~ct or i~-strum~~f,Whi~h ·1·r. en' t.er>A'd:--1::nt·o· o .. r, e:x~cµted·:·~y,-a' · .. -~ >, - r~utre ea ·. . .- .. - · ~ · . . · ] , aY. · (, :~ . - - <.; .. · ·,-: -,~etso~ QOt ~~ing ,fb~dY,.~,?~Or~ (~~ .woul d~(?t req.JJi~e t~'{{e :UJlcJ~~,se·a ;:ry1l ,. :. · r:·, · . ·. · :· .... .- : ~e ent~~ed 1n1? or,exe~uted,°,~ ~~~,l f Q~the:Board-by:apy:.per$OTI genei1·· ;,- / :: · ·. :·\;-< : · : ... . · or sp~c1 ficafly auth~!iz.ed-,o,~:~t. fOf ~~'! P!lri>o.s~/ -:::"::·:-; {). ., r ~.~ • :.· • · · :,,':: .. ·" . · • ,,•'•,-', • ' r} , •', ··,,. ~// · .-:. ;· , ·; ,• .' •.~·~·.,t ·;· .. ,·· '>:,·'• .. • ·•·' · ,' '\, :···.·, ,: -· . . -. ,1 • • I, Enugu State Water Corporation [CAP. 76 2131 13. A meinber of the Board who has any interest in any company or Disclosure of concern with which the Board proposes to make any contract shall disclose interest. to the Board the fact of such interest and the nature thereof, and such member shall not participate in any deliberation or decision of the Board relating to such contract or arrangement. 14. Any document purporting to be duly executed under the seal of the authentication corporation shall on production in any court proceedings be prima facie or document. evidence that it was so executed. 15.(l) The Board may with the approval of the Governor appoint a fit and proper person to be the Managing Director of the Corporation under such terms and conditions as may be specified in his instrument of appointment. (2) The Managing Director shall (a) be responsible for carrying out the policy decisions of the Board and for the co-ordination and direction of the functions of the departments of the Corporation; (b) be responsible for the proper management of the business of the Corporation and the supervision of staff matters. (3) The Managing Director shall carry out such functions as may from time to time be delegated to him by the Board. (4) In the discharge of his functions, the Managing Director shall be assisted by a Management Committee set up by him for which he shall be the C~airman which management committee shall consist of the following members- · {a) the Executive Director incharge of administration and personnel; (b) the Executive Director incharge of finance an<:i supplies; · (c) the Executive Director incharge of Engineering and Technical Department; , (d) ~he Executive Qirector incharge of the Commercial Department • (e). ~nd such other Executive Directors as· may be appointed by the .· Bo~rd from time to time. · · . ' . : (5) Th~'iii~~uti~~ ,Di ;~~t~t $haUb~ subje.ct t~ the ~,iti~ate control -of the, · M~gmg D1xectori . . . · · . · ·.. · ' - . . -··.. . ·. : · Appointment and functions of Managing Director. . ' : ', · · ·.· . .-:,: ' ir.l • ~-·.~:..- .. , ., . ·:.· ·: . . ·. ; '·· 2131 . ' CAP. 76) Enugu State Water Corporation t.· ·i ; r' ,. , ., ,sli•\ ,..·~ [,: ,.,;-; ~ .. Establishment of Department. Executive Director (Administration) · Appointment of . · Legal adviser. . . . : ' (6) The Management Committee shall - · . (a) be responsible for the appointrhent of persons to -p·· ost ; l · J J · • l s 1or w 11c 1 t 1e remunerations are equ1va ent to salary grader 1 · 01-09 within the Corporation's salary structure; · eve (b) ad~ise the Managin~ Director in the discharge of his duties; . dehberate and advise the Board through the Mariagfog Director on matters referred to it by the Board. . · .· · 16.(1) There shall be established for the Corporation at least "i~ur . Departn1ents but not exceeding eight Departments to be headed by · Executive Directors as may from time to time be considered necessary by the Board for the performance of the functions of the Corporation under this Law. (2) The Executive Directors shall be appointed by the Board under such terms and conditions as are contained in the Corporation Scheme of Service. . ' 17.(1) The Board shall appoint a fit and proper person to be the · Executive Director (Administration) of the Corporation. (2) It shall ·be the duty of the Executive Director (Admirtistration) (a) to conduct the correspondence of the Corporation and keep the record of such correspondence; '. (b) to take and keep record of the proceedings of the ~oard; . ( c) to take charge of and keep the seal of the Corporat10n; . :.- .. · . .. ' ' ( d) to perform such other duties as the Board or the Managing · ·: , .:: Director may assign to him. ..., . · ·: · 18.(1) The Board shall appoint a fit and proper person to be the.Legal ):'. . Adviser t9 the Corporation. · - · · (2) I.t shall be the duty of the Legal Advis~r-. .- · , ; ,., 1 0 : 05 .. . . ' . 1· ·rh the pt\l"VIS - · · (a) to oversee the Corporati~p-!s comp 1ance w1 • · .. . · . . . . of Laws and regulations; -. . . . · • . ;ttee and • . · :, . (b) t~ ~dvise the· Bo.ard .. and th~ ¥en.i~gemcnt Go•~t~r;ti~nt · 0 •\ : te\Jiew all 01attc1·s ot Jcgal s1g111hcance to t l 1,c C , P , · .. .-. ; .. ·. (c) to handle all ~onveyances il'\Vplving;t~c Corp.~rstt:~ in tM · . ·.: · .. · . (d) to -select outside counsel, lia.i.se and: supervise sa , . . ' ; , . , .-. .· . · per'fonnahce of his functi~ns; · . · . · · .·· : - 't1ed to) iin1. ~t -: · . ·:? ..: . \ ·. (e) .to perform such other, duues µs. may be as51Si . · ..• ·.. :.:. · the-Board·and the Managing Director. · . · · ·· · · · .. ·- ·::. ,'. ' . J· -~ . ·,:~ ·~;;; ,, . . ,. . ~: ·- ' .::(,. :,., . ;:~' . . ":. ~·c ~ ' ' . ' ) .. ~ .. . :: .:. Emif{u State Wgler Corporation (CAP. 76 . . 21-33 ·. < . · (3) The Board shall determine the salary, e~olume~t,· ~llowance·and. · conditions of service of the Legal Adviser in accordance with section 20. · . 19.(1) The Governor may .give to the Board directions of a general Directi,ons bf· character orr~lating generally-to particular matters (but not relating to any · the Governor. · · . ind.ividual) with regard to the exercise by the Board of its functions under this Law, and it shall be the duty of the Board to comply with such directions . (2) The Board shall furnish the Governor with such information and returns relating to the activities or proposed activities of the Board or of other bodies by whom activities are carried on with the assistance of or in association with the Board (being information which is in the possession of the Board or can be obtained by it with reasonable facility or being returns giving such information) as the Governor may from time to time require, and shall afford to the Governor, facilities for the verification of information furnished by it in such manner and at such time as he may require. PART 111.-ADMINISTRATION '20.(1) Subject to this Law, the Board may (a) appoint such persons to be officers and servants of the Corporation as it may consider necessary and shall determine their salaries, emoluments and conditions of. s.ervice, in accordance with the Corporation's scheme of service: Power to. engage Staff. Provided that such conditions shall be no less favorable than . thqse obtainable in. the State Civil .Service;, .· . . (b) ,want ~r ~uaiantee·loans to s.uch officer.s an~. servant~ fo~· ~uc)1 · ·· · · . -purposes. as}t may ~PP~~~e. · , . . , · · · -~ ~; 1 : ·:·.i·-~--... : :, ..... ·, ... . . : ;,· . ··:• -:': . ' ·:·; . : . • : . '{ ,:-··· :t. -., : .. ~·-., ,. . . . . . ,.·· · ' " ~ , '. . : ... ' ... . • •. ··, -- , >c ·~ • " • '·2t34 CAP. 76) Enugu State Water Corporation ; Charge in respect of water supply. Purchase of water in bulk and licences for private water works. Services to tenemenls on application. PART IV.-SUPPLY OF WATER AND CHARGES 21. Subject to this Law, charges for the supply of water shall as far as · possible be levied in respect of water actually supplied by the Corporation. 22.(1) The Corporation may (a) purchase water in bulk and resell such water either in bulk or by direct distribution to consumers. (b) grant to any authorized undertaker licence to carry out any of the functions of the Corporation: Provided that water supplied by the Corporation shall not be resold by any person without licence from the Corporation, unless such water in repurchased by the Corporation. (2) Any person who contravenes the provisions of this section shall be guilty of an offence and shall on conviction be liable to a fine of two thousand naira or imprisonment for twelve months. 23 .( 1) The Corporation may, subject to regulations made under sectjon 48 supply water to any tenement upon an application in that behalf or on behalf of the owner thereof. (2) The 0wi1er of a tenement to which water is supplied by meter shall pay monthly to the Corporation the amount due as the charge for water consumed and as rent for the meter installed. · · (3) The Corporation shall, as soon as may be convenient after tht! e nd of each month, notify the owner of a tenement supplied· with water of the . amount due from him as the charge for water consumed .. and as rent for the meter installed and the total amount payable shall be paid by such owner within fourteen days of the servloe upon him of such notice. " ' . - (4) Tp~ Corporati.onmay; in the cas~·ofthe per~mn who fails to patan .•. ·. · ,, amount due and p~yab.1e ·by'hirn~-tihder subsection (3) within:Jhe time'set -': out therein- :·. , . · -, · ·-· · 1 . · . · ·. .· . · . ·. · ·· · , ( i ·.j j p p C 0 q ~ (; C b, . al ' ;, ' -.. ,- ~ -· ,.. , • '' . i" :· (a) disconnect the services.-to·the· tenement· and . . -·· , . .. . (b) by c'ivi\ act!on i ri a .C~ltrt oflaw.f~CO~~r'.tlw am,9-~t t<J$ether::. ,··:\ . .' . ', . wi.ththe-ex p~ns~s ofdjscorinectil} g the.- ~ervice; .· . . . ·., .:' " ,.,: . . > .. ·:',., :; :·: ~--:-:..'-. . . ; .... ·' ·.- 1:.}:~2 ;:,:; ,.,-:: :·· :-..:.:~ £nu,,., ,\'late Water Cor oration CAP. 76 2135 24. 'J~hc Corp?~ation may, on th~ application ofa~onsumerorotherperson on his bchal f- mspcct and test 111 accordance with this Law, any pipes fittings, appliances or apparatus laid , fitted , installed or otherwis~ constructed on the consumer's premises. (2) The rates and s'calcs of charges fixed by the Corporation for water sold in bulk .or direct to consumers, and for services rendered by the Corporation, shal I be such as to ensure that the revenue derived every year from such sales and services, together with its revenue for that year from other sources, w ill be sufficient as nearly as may be to meet Inspector of works instructed by persons other than the Corporation. (a) the working expenses o f the Corporation; (b) any repayment that the Corporation may make in respect of interest on, repayment of. any sum borrowed by the Corporation: and (c) any sums that the Corporation may deem proper to set aside in that year for general reserve, extensions, renewals, depreciations, loans and other like purposes. (3) Charges for water or services may, if the Corporation thinks fit. be fixed at different rates and scales for different localities. 25 . . Except as otherwise prov ided by this Law. where th e Corporation provides a supply of water in any part of any area for private purposes, any person within that part of the area shall , upon application to the Corporation, be entitled to a supply of water on the same term on which other persons in that part of the area are entitled under similar circumstances to a corresponding supply. 26. (I) Where in the exercise by any person or authority of any function conferred by any Law an alteration in any part of any waterworks or distribution system vested in or otherwise belonging to the Corporation becomes necessary, the Corporation shall, upon reasonable notice given to it by that person or authority, make such alteration; and may recover the expenses of the alteration from such perso~ or authority. · (2) In the case of dispute as to the amount of the expenses of any alteration . carried out under subsection ( l) of this section, the dispute may be referred by the person or authority to an arbitrator appointed by the ~ppropriate · authority. ., . -l7. The Corporation shall as far as possible maintain a continuity of water- . ·· supply, but shall in so doing have· the right-· · . . (a) to suspend the SlJpply Of Water iil any area.for such period as may be . necess~ for carrying out any insp~cti011, test, repair, alteration or . · for making any new. connection; or · . . (b) to .suspend to discontinue ariy supply where payment of any charges for such supply by the Corporation is in arrears . . .-,, .. ,: ·.-.-- . .,. .. : ' .' 2136 Rates nnd scales of charges for water Corporation may supply water by meter. Funds of the Corporation. CAP. 76} Enugu State Water C01po,·ation 28. (1) Subject to the provisions of this Law, the Corporation may make charges for water-supplied by it at such rate and scale as it may; from time to time, determin~ . (2) The rates and scales of charges fi xed by the Corporation for water sold in bulk or direct to consumers, and for services rendered by the Corporation, shall be such as to ensure that the revenue derived every year from such sales and services, together with its revenue for that year from other sources~ wili be sufficient as nearly as may be to meet (a) the working expenses of the Corporation; (b) any payment that the Corporation may make in respect of interest on, repayment of, any sum borrowed by the Corporation; and ( c) any sums that the Corporation may deem proper to set aside in that year for general reserve, extensions, renewals, depreciation, Joans and other like purposes. (3) Charges for water or services may, if the Corporation thinks fit, be fixed at different rates and scales for different localities.' (4) Subject to section 36 alJ consumers of water supplied by the Corporation shaJJ be liable to pay water rates-or charges. 29. The Corporation may carry out any supply of wa1er which it has a function to carry out under this Law, by means of a meter or by any other system. . PART V.-FINANCIAL PROVISIONS 30. The funds and resources of the Corporation shall consist of {a) all sums, investments or other property whatsoever vested in the Corporation by or under this Law; · · · (b) such sums or other property whatsoever as may from time to time be made avai labJe to the Corporation by way of loan or grant by (i) the Government; (ii) a Local Government; · (iii) the Government of the Federation of Nigeda; (iv) the Government of ariy other State in N igeria: . · (v}. any. organization or body; (v~? . a private foundation; . · . . (v!!) · any Bank in Nigeria or outside Nigeria ; . • ... . . (v~!~ ' ~ny p erson o r persons whatsoever; ~r . . : ' · .. ' . . . ral. (vm) any corporati(?n o.r: institution est:abl.1she d by the-~edc · . . .. . Government or-State Gove·mrn~~t in the·S,tate:- · ·· ' , :• , .-··: ' : .,.,• 31 bci an oti mG 32 .. COii any 33.( (2 )' Ge n 34.C . COCP, durin .accot . ' (2)- TI there-c · even·.! ' - ' 35, ( i ; ' behalf ai1thor . (hereir and ot . . · appcrt • upon tl .· - this $e, .(· . . ( Enugu State 1¥atcr Corporation (CAP. 76 2137 . (ix) . any international organization or body; · ( c) any mvestment or other property whatsoever acquired by veste? in the Corporation and money earned or arising fro: such mvestments or property; (d) all other sums (including water ~barges) or other property whatsoever which may, under this Law or by virtue of any other Law or arrangement, become payable to or vested in the Corporation in respect of its functions or of any matter incidental thereto. 31. The Corporatioi~ may with the approval of the Governor in writing, borro~. in~ney !·equired for meeting any of its obligations or discharging any of ~ts functions; and may, with like approval, charge, or mortgage, or otherwise deal with, any or all of its assets for the purposes of securing any money borrowed by the Corporation. 32. The Governn1ent may guarantee in such manner and on such conditions as it may think fit the payment of the principal and interest on any money borrowed by the Corporation under this Law. 33.(l) The Corporation shall keep proper accounts of its transactions. (2) The accounts of the Corporation shall be audited by the State Auditor General at least once every financial year. · 34.(l) As soon as 1nay be after the end of each financial year, the Corporation shall forward to the Governor a full report of its operation during the preceding year together with a certified copy of the audited accounts of the Corporation . . (2) .The accounts of the Corporation together with the auditor's report thereon shall be laid before the Public Accounts Committee of the State every year . . PART VJ.-TRANSFER OF WATERWORKS 35. (I} Al1 waterworks which are used or have been constructed by or on behalf of. the appropriate authority and the property of the appropriate authority immediately before the date of commencement of this Law (hereinafter referred to as transferred waterworks) together with all works and ot1Ier property, assets, powers, 'rights,· obligations . and privileges appertainil)g thereto or enjoyed or subsisting in-connection therewith, shall upon the co1nmencemeiit of this Law, vest in the Corporation by virtue -of this section and without further assurance. · · · , Powers to borrow. Guarantee by Government of loan to the Corporation. Accounts and audits. Annual Reports and bad debts. Transfer. . . .. . ',, ;· ' .. : ... :~ . ~\~ . · CAP. 76) Enugu State 1¥ater Corporation . Corporation to own a\\ asains, etc (2) A deed, bond, agreen1ent, instrument o~· working arrangement, to which the Government was .party for tl~e c?nstructlon or o t~erwise in 1~espect of any transferred w~terw01 ks, shall. subject to the prov1s1ons of this section and unless the circumstances otherwise required, have effect as from the commencement of this Law as if (a) the Corporation had been a party thereto; (b) for any reference therein to the Government there were substituted, as respects anything falling to be done on or after the date of con1mencement of this Law, a reference to the Corporation. (3) The appropriate authority shall, at the 1 request of the Corporation,. prepare and deliver to the Corporation particulars of any waterworks , including works or other properties, assets, rights, obligations, powers or privileges vested in the Corporation by the pro'(isions of the Law. ( 4) Nothing in this section shall be construed as purporting to derogate from the provisions of any Act or Decree relating to the transfer or vesting of any class of property, right or liability, and such measures as may be necessary in accordance with those provisions shall be taken to ensure the · vesting of such property, right and liability in the Corporation either upon the com-mencement of the Law or so soon thereafter as may be, and upon such vesting the provisions of this section relating to the conseque~ces or the \resting of property, rights and liabilities shall have effect accordmgly. (5) In this section "property" includes buildings and appurtenances stock of fmd, spare parts, accessories, stores, materials, investment funds, loans and . accounts receivable claims and liens. 36. All pipes and fittings which from part of the distribution syste?1• ex~cpt ·th ...... ,1 , • • h · :tc --on1,ecllons shall . ose u~ to carry waterd1rect to consumers wit pnva c · . · · , be <leem~'d.to be the property of the CorpoJatio~: ' . > . ,: .. ~ . ~. . . •., . . . \, . , . . : : ·, l., ,• . . ·,: :· .· ... • : I Restriction on · dealings with . .immov,able · · .· '· .· .· :,: , ., l'ART .VD~ GENERAL - . · · .. . - rthc · . 37~ The Corporation; sh~lnot,· without ~hcapprovn,L·jn .wnti~g· of~llY . -:: . Governor take steps f C>r,Jhe aHcnation, mortgage. -charge· or ~~rmse ~:.C~uw .· · ,, ,. · immovable property wbi~h'has-'bcen vested in· the-Corporation llndC1 · , - -• . · - .,. :· - · ... F~- provisions of this Law. - . · .), ·· · - - - . - - - , · > -:. ·: ' . . ·. : ' ' Enug,, State Water Corpor,,tion [CAP. ?6 2l39 38. ( l) Nothing in this Law shall preclude the fire authority from abstracting water, for the purpose or the prcvc11tion or control of fire, from any public fountain, service or water works of the Corporation. (2) No charge shall be mnde for water supplied by the Corporatio11 under subsection ( 1 ). - · (3) The Corporation may, at the request of or after consultation with the fire authority; provide at any convenient or suitable places within the area of operation of the Corporation any main, pipe, valve, hydrant, services or other water works which may be required by the fire authority in the discharge of its functions to prevent or control fire . . (4) No charge shall be made by the Corporation for any work done or services rendered under the provisions of subsection (3) of this section but . all materials required for the work or services shall be paid for by the fire authority. PART VIII.-OFFENCES 39. ( 1) Any person who (a) willfully or negligently damages any waterworks or services connected ther-ewith; or (b) unlawfully dive11:s water or allows any foul liquid. gas. or other noxious or injurious matters to enter into any water works or any services connected therewith; or (c) obstructs the Corporation in carrying out its water extension project or prevents it or its agents from carrying out its functions or services under this Law or incites other persons so to do; (d) without licence, si11~s a borehole or well or operates any other private water works; Provisions relating nhreac.Lion or wntcr by lire uuthoritics. Damage to Water works l\lld pollution of water; etc. is guilty of an offe nce and liable, on conviction, to a fine of one thousai\d naira or, in default of payment, imprisonmer1t for two years, and to a -furt\1er fine of one hundred naira for each.day that the offence is continued after ,such corivictio1t Provided that where the charge is in respect of dumugc to water works or s~rvices connected thetewith, such damage shall. be replaced or · repaired ?Y.the Corporation at the expense of su ch person and the cost -- , 0 r~epla~Jng or repairing thereof may be recoveredfron1 the person by c1vtl action , --- --- - -- . .. ,·. , . . i . . (, ' 21-10 ea CAP. 76) Enugu State Ulater Corporation Provisions relating to Abreaction of water. ' Bathing ::: .· washing. · . • . . ' .. ··, :. (2) Any person who draws off or takes water frotn any waterworks . . d h . f' Ot services connecte t ~re~1th ~r rom an~ stream or water by whic.h ~a·ny· water works are supplied, 1s guilty of an offence and liable-on conviction-to a fine of three thousand naira or, in default of payment, to in1prisonment for one 1nonth. · (3) A person who willfully or negligently misuses or wastes, any water passing into, through, upon or near any tenement or la.nd .from any waterworks, is guilty of an offence and liable on co1:1viction to a fine of one thousand naira or, in default of payn1ent, to imprisonment for one inonth. 40. Any person who - . (a) alters or causes or permits to be altered any services with intent either (i) to avoid accurate measuren1ent of water by means of any meter; or · (ii) to obtain a greater supply of water than he is entitled to; or (iii) to avoid payment for such water; or . . (b) alters or causes or permits to be altered any service contrary to any regulations made under this Law; or . . . (c) wilfully or negligently damages any meter, . . d .· · · t fine of one thousan . ·1ty fan offence and liable, on conv1ct1on, o a I . . 1s gu1 o . ~ t ars· and any service naira or, in default of payment, imdr~~~~~~:t r~;1::Jeor ~epaired ~Y the so altered or meter so damage h and the -cost of replacing .. ~r Corporation at the expense of sue persodn.t': om the person by civil action. h . may be recovere 1r .. repairing any sue serv 1ce · . .. 41. Any person who - works, or ' (a) bathes in any part of the water therein, any horsei dog! goat .· (b) washes, throws, or caus,es to e1!ter or any clothing matennl or · pig or other anin1al or any bif<l, . ) . - - · 1 cw sh11Ct: . anything whatsoever; 01 · 1 k cock, vtl v~-· · · · - I scs any oc ' · {c) . unl~wfully . opens or . C o ': f the waterworks-; or . · · . '. .. '' ·· •. •··. ' - · bclo~ging to or fon)1~!1g pa1 l O ' · '' ' •, :- <:· / ' • ;.· ·: ~~.,. ,.. . '· ·, ' ·: ~ '·' . . . ~ . ·. ~ . . . . . . . .. . . -· ,·. \ ·, : ~ · .,f. ,, . • • ". ; ·; ·:·· " - < . ·,.: . . ·, ••• -., · . ·, ;·. :: :· · ..... ! ·:, , :- · . . :. -·· . · ." ·.' < , . . . · : ·. .. -. ) ! ' ':"-, · .; i. ... ·: · ~. . .~ . . . , Enugu Sta~e Waler Corporation , -[CAP. 76 ·. -i14f:< ( d) cause~ a nuisance by t~e . accumulation on any prerriises . occupied by the Corporat10n of any earth or excavated material or any foul, noisome or injurious matter and fails to remove S\lch nuisance after a notice from the Corporation requiring . , hm1 to do so; · · is guilty of an offence and liable, on conviction, to a fine of one thousand naira or, in default of payment, to imprisonment for one month. . . 42. Any per~on who, without lawful justification or excuse, the proof of wluch shall he on him, incites any other person to refuse to pay any charge paya~le by that other person by virtue of this Law is guilty of an offence ~nd liable, on conviction, to a fine of one thousand naira or imprisqnn1ent for two 1nonths or to both such fine and imprisonment. · PART IX.-LEGAL PROCEEDINGS 43·. Neither the Corporation nor the Board nor a servant or employee of the Corporation shal I be liable in any civil action or proceeding for any damage suffered by riparian owners as a result of any abstraction of water where such abstraction is made under this Law. . ,-.· . ·, f mprisonment against paym~nt of rates or charges. . Indemnity of the Corporation. 44. (-1) No suit against the Corporation or any servant of the Corporation Limitation of for any act done in pursuance of this Law or in execution or in execution suits against :or intended execution of any duty or function under this Law, or in respect Corporation. · of any alleged neglect or default in the execution of such Law, duty or authority, -shall lie or be instituted in any court unless it is commenced within twelve months next after the acL,11eglect or default complained of · or, in the case of a continuance of damage or injury, within twelve mon~hs . next after the ceasing thereof. . . . . . . . . (2) No suit ·shaH be cpmmenced against the Corporation tmtil one n,onth at least after a written notiQe of intention to comri1enc~ the same shall have been served ·upon- the Corporation· by the intending plaintiff or his agent; · · { - . . · , ·and · ~uch noti~e shall clearly ~nd explicitly state th~ cause: of action~ the ~ · · · ::-particulars Qf the claimi the name ·a1id· ptac·e of ab,ode of the· i11ten4,1.1g ; r.". · ·, · . · . pl~intiff:and the relief w,hich he 9.lahns. '; . . '. . '.- ~ , . . . ' · ; 1 .~ - • . .- ; • . ' < . . ' J '. . • ' •• • • ; . • • ·; · · , .. -, ... ,. I' ' • • ·, < : : • • •, • ' '. 45. The .n~tic~~ ~ef~ned: io .J~ s~c~i~n 44(j) ancl -~y S~!}l~~Ol'lS~; Q~-~ ther . ~~:~:i~:~~~- · . ·, .. docmnent,r:eqµireg or authorized to be served ~1pontheCorporat1on under . : : ".< '-. .. tqe p~ovision$ ofJnis Law or- any otlier Law :may, u11les~ in a1fr; c~seJher!: ·, : · \ .•it1:e~ptess provisio'i1:to the contrary, :be·served,-by:;d~liverin-g· t~e '~ .~' t~c<:-':·:: · .. . .. : .. ·.·~- . . .. . . :··,: <-: . . ,, ' . . ;. •'.. ' '.", ···~: '. :· . . '· : ... . . ; · . -~ '·:i<-:.,> .·-.·:;. :· ~= .. :(· :.:\·; ,, . .,· .. . . ... ·~·- · ·: ... '~·: ·\· , - · ·i·.. < .-.. · /'".· · ·. ,· . :· .·; .. . "' ., . • ,. •· • l : • · :\.. . r.. · · , .. -. ·-; .;·.1 ·:t~.#, k:::~~,.:.:;;~~:;\~~-,?i\~~-i.~:.<~/.;.:;,:~·-. -:~:; \ :. .';• ~: . : .. •· •.. ··\ ~ 2~- !.:14~. l~- · : !:C~A:!:P~·:....7~6~, J E n-'ug..., 1 1 ,.S tc 11 e H;, :'ic.:....1t er C o-'17 'Jo r""'.""a t i o n , ; ;,,,;,, : ~..: .; ,; . .,i,.; ' '.~. ~ - , ':: :::;Y " .... , ,-,•, Rustication on execution. Representation of the Corporation. · Relation with . -0thcr · · autho.rities. ' ., : ' \;,~- . ·,,, ?~.: the Exec~1tive Director (Adininistration) or othefperson·,appointed--bythe Corporation f? r tha~ pttrpose, or by sending it by registered·postaddressed to the Executive Director (Administration) or to that -other petson ·at the·: principal office of the Corporatio11. -· - - . · - - ·. -- ;·~; . 46. In any suit against the Corporation no execution or attachment proces:s -· . , in the nature thereof shall be issued against the Corporation, ·but any sum , ':'·:· · of n1oney which n1ay by the judg1nent of the court be awarded against the:· : \ Corporation shall, subject to any direction given by the court where notice · · of appeal has been given to the Court in respect of the saidjudgm ent, be- " paid by the Corporation from the funds of the Corporation. · · :. · · · · 47. (1) In any suit by or against the Corporation, the Corporation may be ·· ... represented at any stage of the proceedings by (a) any servant of the Corporation who shall. satisfr the ?ourt th~t he is duly authorized in writing by the Managmg Director m . . that behalf; or · ,. :.: :,. (b) a legal practitioner or a Law officer. ;,; .. , ·. ; .. ~. (2) In this part "suit" includes action or any ci~il p~oceedi:;: --. d b . t of summons or in such other manner as m~y ··. . c?mm~bncde b ;: r~~s of court but does not include criminal proceedings~ . ·'t prescn e Y · · · : p ART x.-MISCELLANEOUS . •' "• ... ., : , " I • . ,' Enugu State Water Corp01:crtion .. [CAP~ 76 . · -2143 ; ~ .. :-~ ' ,.,·. 50~ ( 1) The Managing Director may as he considers necessary, set up in every Local Govern ment Area and in every such other community, a co1umittee ·which shall be known as Water Committee. (2) The 111embers of the Water Committee may include persons who represent engineering, business, educational, commercial and industrial interests and representatives of local communities, landlords and tenants . . (3) Subject to subsection (2) the Water Committee shall consist of a Chainnan who shall be a person in the pubic service of the State serving in the area and not less than three or more than seven other members ( and · in 'the case of the con1munity the chairman must be an indigene of that community) and all of who1n shall be appointed by the Managing Director · on part-ti1ne basis. (4) The Water Committee shall be the link between the Corporation and the locality served by the Committee and it shall be the duty of the Committee . . ·' ~·-.:· ;"' (a) to carry out a survey of water supply including the existing consumption of and demand for, water in its area of authority as . well as carry out a survey of the water resources in or available for the area. · {b) to formulate proposals for meeting the existing or future water· · · ·~upply requirements of the area; ·(c) :to · advise · the -Managfog - Director and anybody having· •representation · in the Commfrtee on the prepai·ation ,and co~ · ordination of schemes relating to water supply; . -- - f-'~' . ' C. :. ·· . · · ·- ~ :-·: ·· (d.) Jo.· furnish the , Goyernor or the Board, with any . vital Water Commlttee. , r.· . · . in(onnalioJ) re}~ling to water su pply ih its area or water ·· ~.·,:; .. .. -.'.., :: .•••. ·.: .. ::..-: .< , resoµrc:~~ -fn\ jf.available fo:r its area as may te~sot\Ubly be· .. i <\requiredfron1·the Conimitfoe; . -· ~~:··\, - . / ··.· 2144 CAP. 76) Enugu State Wdter Co17Joratiot1 Non- · · payment of water rate -0r · -. charges; · · ·' - ' -~ ' ,-:,.) f ., 1- -~ , (e) where required, to enter into any arrangement incJudi'ngfinai\eial '\~if relationship with the community in order· to . e~su:e the . ·-. · <if,· maintenance of regular water supply 1n its area ·of authonty: .::i·;C'. . (f) to perform such other functions as the Managing Director may ; assign to it. (5) The Chairman of the Water Committee shall preside at aUn1eetingsof the Committee and in the event of his absence at any meeting, the 111embers present shall elect one of their number to preside at such meeting. (6) The Chairman of the Water Committee shall summon meetings ofthe Committee at such times and at such places as he may deem fit, provided that not more than one meeting may be held in any month. (7) The quorum of the Water Con1mittee shall be three men1bers. (8) The Water Committee may make standing orders to regnlate · its : · proceedings. · (9) The Water Committee may co-opt any person to be a member for such , meeting or meetings as may be necessary and the person so co-opted ·~~aJl have all the rights and privileges of a member except that he-sh~llnof :bf -· entitled to vote on any quarter . · . . , . . . . . . , - . . . ·- 51., Any. person who fails or refuses to pay any rate or ·charg~ ·payabl~ by him by virtue of this Lawis guilty of an offence ~nd liable on.conviction to · a fine of ~o ~housand naira or imprisonment fqr.J}yp 'yews-or 'to bodrsucb < fine and 1mppsontnent but without prejudice to the right of Co"rpoti\tion !0 : pro,Ae~~ -on th~ person in the cou.rt qf Law or wat~r rate . po1.n:t tb~t, nlaY 9e , es~~bhs~ed by tbe. Gov~rnor f ()r that· purpos.e,. to .recov~i tlie ·rate due ~~ · payable by him. · ·. · - ·· · · · · -· · · ·· · ·· · · - · · · · . ' . .· - . .~· · . . ~