Plateau State Water Sector Law, 2019

Plateau State Of Nigeria Gazette Published by Authority Jos 17th April, 2020NO. 7 Plateau State Notice No.6 Vol. 2 CONTENTS: PLATEAU STATE WATER SECTOR LAW, 2019. PAGES -25O Printod and Published by Government Printer- Jos 00039/17/04/20/1000 nual ription: Nigeria N3,500.00ub n should bo submitteapplication for the purchase of bo in moneyitted to the Govemme Jos. Romittance should be in money or postal order, crossed and PLATEAU STATE WATER SECTOR LAW, 2019 1 ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Citation and Commencement 2. Interpretation PART II FUNDAMENTAL PRINCIPLES AND ENTITLEMENT USE OF WATER TO 3. Objectives and Functions 4. Gender Mainstreaming 5. General efficiency in the use of Water 6. Domestic use efficiency 7. Irrigation use efficiency 8. Economic benefits of Sanitation 9. Institutions' role in improving cconomic base of Communities 10. Managing for financial viability 11. Water Trading 12. Water and Sanitation Services Strategy 13. Stake holder participation in sustainable management of Water and Sanitation 14. Stakeholder training for Community management of Water and Sanitation Facilities 2 15. Multi-stakeholder process in Water and Sanitation Management 16. Multi-stakeholder principles and strategies in Water Sanitation Management 17. Government's attitude to multi-stakeholder participation PART IHI SUSTAINABLE USE OF WATER 18. Sustainable use of water in Agriculture 19. Economic sustainability in the use of Water 20. Social sustainability 21. Environmental sustainability 22. Groundwater sustainability 23. Water quality and pollution control PART IV JOS WATER SERVICES CORPORATION 24. Establishment of the Corporation 25. Establishment of Custoner Care Centre 26. Functions of the Centre 27. Constitution of the Board of Directors 28. Remuneration for members of the Board 29. Tenure of office of members of the Board 30. Vacation of office by members of the Board 31. Proceedings of the Board 3 and 32. Objectives of the Corporation 33. Functions of the Corporation 34. Powers of the Corporation 35. Structure of the Corporation 36. Business Units the Corporation 37. Managing Director 38. Executive Directors 39. Secretary and Legal Adviser 40. Functions of the Secretary and Legal Adviser 41. Staff of the Corporation 42. Pension Rights 43. Management Committee 44. Funds and resource of the Corporation 45. Bank Accounts 46. Application of the Board’s Revenue 47. General Reserve fund 48. Loans and Grants 49. Annual Estimates and Accounts 50. Annual Reports 51. Internal Audit 52. Power to accept Gifts 53. Power to Borrow 54. Power to Invest 4 55. Power to raise capital on the Stock Exchange 56. Guarantee on Loans or other investments 57. Bad Debts 58. Proof of moneys due 59. Responsibility to Consumers 60. Rates and Scales of Charges 61. Application for Water Supply 62. Purchase, Resale and Distribution of Water 63. Prohibition of sale of water supplied 64. Payment for Water Rates and Charges 65. Corporation not responsible for installation works or for E 33 damage 66. Entitlement to supply of water without preferential treatment 67. Responsibility for expenses caused by certain necessary alterations 68. Map of Works PART V PLATEAU STATE MUNICIPAL WATER SUPPLY AND SANITATION AGENCY (PLAMWASSA) 69. Establishment of the Agency 70. Composition of the Governing Board 71. Remuneration of members of the Board 5 72. Tenure of office of members 73. Duties of the Board 74. Quorum 75. Vacation of Office 76. Objectives 77. Functions of the Agency 78. Powers of Agency 79. Responsibilities the Governor may perform of delegate 80. Structure of the Agency 81. Business units of the Agency 82. The General Manager 83. Assistant-General Managers 84. Secretary and Legal Adviser 85. Functions of the Secretary and Legal Advise 86. Staff of the Agency 87. Pension Rights 88. Management Committeс 89. Funds and resource of the Agency 90. Bank Accounts 91. Application of the Fund of the Agency 92. General Reserve Fund 93. Loans and Grants 94. Annual Estimates and Accounts 6 95. Internal Audit 96. Power to Accept Gifts 97. Power to Borrow 98. Power to Invest 99. Power to raise capital on the Stock Exchange 100. Guarantee on Loans or other Investments 101. Bad Debts 102. Proof of moneys due 103. The Agency 's Responsibility to Consumers for Continuous Supply of Water 104. Rates and Scales of Charges. 105. Application for Water Supply of Charges. 106. Prohibition of Sale of Water Supplied by Agency 107. Payment for Water Rates and Charges 108. Supply to Local Government Councils and its Institutions. 109. Entitlement to Supply of Water without Preferential Treatment. 110. Maps of Waterworks and Sanitation Infrastructure. 111. Water Consumers Associations (WCAs) 112. Objeetives 113. Functions 114. Structure 115. Board of Trustees 7 116. Functions of the BOT 117. Tenure of member of BOT PART VI PLATEAU RURAL WATER SUPPLY AND SANITATION AGENCY (PRUWASSA) 118. Establishment of the Agency 119. Composition of the Board 120. Remuneration of members of the Board 121. Tenure of ofice of members 122. Duties of the Board 123. Quorum 124. Vacation of Office 125. Functions of PRUWASSA 126. The General Manager 127. Secretary and Legal Adviser 128. Functions of the Secretary and Legal Adviser 129. Staff of the Agency 130. Pension Rights 131. Management Committee 132. Meetings of the Board 8 133. Standing Orders 134. Committees of the Board 135. Common Seal FINANCLAL PROVISIONS 136. Funds of PRUWASSA 137. Contributions to PRUWASSA's fund 138. Bank Accounts 139. Accounts and Audit 140. Annual Estimates and Accounts 141. Annual Report 142. Power to Borrow 143. Establishment of Local Government WASH Department 144. Functions of the Department 145. WASHCOM for each Community 146. Functions of the Committee Part VII PLATEAU STATE WATER SECTOR REGULATOR) COMMISSION 147. Establishment of the Regulatory Commission 148. Composition of the Commission 149. Primary duties of the Commission 150. Objective of the Commission 9 151. Functions of the Commission 152. Powers of the Commission 153. Annual Report 154. Bank Account 155. Account and Audit 156. Proofs of Money due E 157. Restriction on Execution 158. Tenure of Office 159. Remuneration 160. Removal of Member of the Commissio 161. Resignation from the Commission 162. The Regulatory Adviser 163. Exccutive Secretary and Secretariat 164. Appointment of Staff 165. Confidentiality 166. Consultation 167. Commission not subject to direction or control 168. Commission may publish Statements and Reports 169. Commission must publish Guidelines 170. Declaration of Pecuniary Interests 171. Meetings of the Commission 172. Conduct of Inquiry or Determination 173. Determinations of Commission 10 S 174. Matters to be included in Annual Report 175. Price Regulation 176. Tariff determinations 177. Other Regulatory Powers 178. General provisions relating to determinations 179. General power to obtain inforınation and documents 180. Restriction on disclosure of confidential information 181. Application for Licence 182. Determination of Application 183. Provisions relating to Licences 184. Specific Licence Conditions. 185. Determination of Fees and Charges 186. Variation or Revocation of Licencс 187. Publication 188. Transfer of Licence 189. Prohibition 190. Exemptions 191. Environmcntal Audit Unit 192. Funds and Resources 193. Determination of Surcharge PART VII WATER SECTOR FUND 194. Water Sector Fund 11 195. Application of the Fuup 196. Management of the Trust Fund PART IX WATER QUALITY STANDARDS AND ENVIRONMENTAL lios ISSUES 197. Monitoring 198. Environmental Compliance 199. Quality of Water 200. Control of Ground Water 201. Irrigation Development 202. Surface Water Use/Abstraction 203. Discharge of Waste into Water Bodies 204. Watershed Management 205. Drainage and Land Reclamation 206. Standard of performance in connection with Water Supply 207. Duties of the Corporation with respect to Water Quality 208. Regulations for preserving Water Quality 209. Offence of supplying water unfit for human consumption 210. Contamination of Water Sources 211. Offences of contaminating, wasting and misusing Water, etc. 212. Regulations of preventing contamination, waste, etc., with respect to water fittings 12 213. Power to prevent damage and to take steps to prevent contamination, wastec, ctc. 214. Information to be given to Customers about overall performanceи оит7, 215EASI 215. Power to deal with Foul Water and Pollution PART X WATER SECTOR COURT 216. Establishment of the State Water Court 217. Composition of the Court 218. Appointment 219. Tenure 220. Renumeration 221. Jurisdiction 222. Registrar of the Court 223. Proceedings 224. Appeal 225. Mode of Appeal 226. Exemption from liability 227. PART XI Legal Procecdings and Miscellancous Provisions Limitation of Suits against the Corporation, etc. 13 004 507 SOS EGS FOS 500 502 3081 1202 570 STS 300 bsnu 228. Service of Notice 229. Restriction on execution against the Corporation 230. Indemnity of the Officers of the Corporation 231. Offences and Penalties 232. Provision relating to Defaulters etc. 233. Recovery of loss of Money 234. Appeal against Surchargeрsа 235. Abstraction by Firc Authoritics 236. Provisions relating to Land 237. Notice of intention to enter Land to construct new electric or main transmission lines, etc. 238. Compulsory acquisition of Land 239. Directives by the Governor 240. Directives by Commissioner 241. Power to make Regulations 242. Vesting of Assets, Rights, Obligations, Liabilities, etc. Liabilities and243. Savings and transfers of Assets, Obligations, transfer of Staff etc.i rnvse 244. Repeals 14 PLATEAU STATE WATER SECTOR LAW, 2019 ENACTED BY THE PLATEAU STATE HOUSE OF ASSEMBLY AS FOLLOWS: PART I PRELIMINARY Citation and 1. commencement This Law may be cited as Plateau State Water Sector Law, 2019 and will come into operation on the...3rd...day of...June...2019. Interpretation 2. In this Law: "abstraction" in relation to water contained in any source of supply, means the doing of anything whereby any of that water is removed from that source of supply, whether temporarily or permanently, including anything whereby the water is so removed for the purpose of being transferred to another source of supply and "abstract" shall be construed accordingly; "accountant-general" means the Accountant- General of the State: "appropriate authority” means any authority having jurisdiction over a specific area for the purpose of this Law or any law; "auditor-general" means the Auditor-General of the State; "authorized officer" means any member of Staff of any Institution established pursuant to 15 this Law duly authorized in writing by such Institution, and shall inelude an officer of the Water Consumers Association (WCA) or Water Sanitation and Hygiene Committeс (WASHCOM); of"arca of operation" means the areа coverage for each of the Institutions as established in this Law; "basic water supply" means the prescribed minimum standard of water supply services necessary for the reliable supply of a sufficient quantity and equality of water to households, ineluding informal households, to support life and hygiene, as specificd from time to time by the Commissioner; "biodiversity" means different plant and animal life in a particular natural area; "board" means thc Board of any of the institutions created under this Law; "bulk supply” means water supplied for the purpose of wholesale by any of thc institutions or other operators; "bulk water" means water intended for potable uses which is transported by tank- trucks or in reservoirs; "business office" means an office of any of the institutions in any business unit; "business unit" neans anyay geographical area consisting a cell of any of the institutions; 16 "catchment management strategy" means acting in a way to carry out a positive integration of the planning, coordination of land, water and biodiversity management; "catchment" means an arca where water is collected by the natural landscape; “chairman" means the Chairman of any of the Boards or bodies established pursuant to the relevant Sections of this Law; "commission" means the Plateau State Water Sector Regulatory Commission; “commissioner" means Commissioner for Water Resources and Energy: “conduit” means a channel for transferring water or other fluid; “consumer" means any person who is supplied with water and includes any person who applied to be supplied with water from any waterworks or any person who otherwise uscs water and is liable for the payment of water rates, rents or charges but does not deliver or resell the service to others including an end- user in an informal settlement: "contravention" includes a failure to comply; "corporation” means the Jos Water Services Corporation established under Part III Section 24 (1) of this Law; "decreasing block tariff" means the rate per unit of water is high for the initial (lower) block of consumption and decreases as the volume of consumption increases; 17 влoc "deforestation" means removal of a forest or stand of trees where the land is consequently converted to a non-forest usc; "domestic supply" means water from any water agent that serves for drinking, washing, cooking, bathing and other related household matters; "distribution system" means any operator's networks or mains, pipes, pumping stations and service reservoirs through which water is conveyed to customers; "domestic sewage" means the spent water supply of the Community from residential, commercial and Institution al users and may be generated from kitchen, bathroom, lavatory and toilets; "domestic supply” means water supplied from any waterworks used in any tenement for drinking, washing, cooking. bathing or any other purpose of domestic life; "drain” means any pipe or channel, etc, conveying only surface water or subsoil water or both and which is below ground level; "emergency situation" means any situation declared as such by the Governor or the Commissioner: "effluent" means liquid waste or sewage discharged into a river or the sea; "essential services" includes hospitals, fire 18 services, orphanages, public schools and other consumers as may be prescribed by the Ministry; "equitablemeans fair and impartial; "evaporation pond" means an artificial pond with very large surface area that is designed to efficiently evaporate water by sunlight and exposure to the surrounding temperatures; "evapo-transpiration" means transport of water into the atmosphere from surfaces such as soil (soil evaporation) and from vegetation (transpiration); "federal ministry" means the the relevant FederalMinistry cstablished by Government; "financial year" means the period prescribed as such in the Financial Regulations and Laws of the State; "fire authority” means any authority or body of firemen duly constituted, organized or established under any Enactment or Law by the Federal, State or Local Governnment; "flexi-time” means a system of working a set number of hours with the starting and finishing times chosen within agreed limits by the employсс; "functions" includes objectives and duties; “gazette" means the Official Gazette of the Platcau Statc Government; 19 "gender” mcans the male and female species in the human population; "gender mainstreaming” means a public policy concept of assessing the different implications for women and men of any planncd policy action, including legislation and programmes, in all areas and levels: “government” means Government of Plateau State: "governor" mcans the Governor of Plateau State: "greater Jos Master Plan” means the total area covering 1530 Square Kilometers (Km²) as delineated by the State Ministry for Lands Survey and Town Planning to cover the Jos North, Jos South, parts of Bassa, Barkin-Ladi, Jos East and Riyom Local Government Areas: "groundwater" means underground source; water from an "hydrant" means an outlet from a fluid-main often consisting of an upright pipe with a valve attached from which fluid (water or fuel) can be tapped; "hydrological areas" means a basin shaped area of land bounded by natural features such as hills or mountains from which surface and sub-surface water flows into streams, rivers and wetlands; "increasing block tariff means the rate per unit of water increase as the volume of consumption increases; 20 'informal settlement' means a place where residents lack basic services: "information" includes anything contained in any record, estimate or returns; "institutions” means the Water and Sanitation agencies such as the Jos Water Services Corporation, Plateau State Municipal Water Supply and Sanitation Agency (PLAMWASSA), Plateau State Rural Water Supply and Sanitation Agency (PRUWASSA) and Plateau State Water Sector Regulatory Commission; "intertie" means an interconnection between public water systems permitting the exchange or delivery of water between those systems: “IWRM" means Integrated Water Resource Management: “leakage” means water loss from the service provider's water distribution system; “LGA” mcans Local Government Arca: "manhole” means any chamber constructed on a closed drain so as to provide access thereto for inspection, maintenance or cleaning; "MDA” means Agency; Ministry, Department or "member" means a member of the Board of any of the Institutions and includes the Chairman; "meter" means a measuring instrument for determining the volume of water passing through a distribution piping; 21 "metered supply” means the supply of water by means of a service where the water supply is measurcd by a meter; "ministry" means Ministry for Water Resources and Energy; "national water laws and regulations" means all applicable Federal Water Laws and Regulations, the National Water Policy and guidelines preseribed by Federal Ministries; “national water policy means The Policy of the Federal Government on Water Supply. Sanitation and Hygiene and water resources as may be formulated approved and adopted from time to time; "nonpoint sources pollution" mcans contamination arising from land use activities in a wide area comprising catchment or sub- catchment; "occupier” in relation to a premises means the person in occupation of the whole or of any part of such premises, but does not include a lodger or squatter; "owner" includes the person for the time being, receiving the rent of the tenement in respect of which the water is used, whether on his own account or as agent or trustee of any other person or who would receive the rent, if such tenement were to be leff to a tenant and includes the holder of a tenement from the Governor whether under lease, license or otherwise: 22 "PPP" means Public Private Partnership. specifically in the development and management of Water and Sanitation infrastructure; "permit" shall mean the certificate to be issued by the Commissioner stating the information that may be required as the Commissioner shall determine. “person" means an Individual, Corporate Entity, Limited Liability Company, Partnership duly registered under the Companies and Allied Matters Act, or a natural person as defined under the Interpretation Act; "PLAMWASSA" means Platcau State Municipal Water Supply and Sanitation Agency and it is one of the Agencies in this Law; "pollution" means any human or anima activity that makes a body of water unfit its intended use; “polluter-pays” means making the party responsible for a pollution to pay for the damage done to the natural environment; "premises” means land with buildings or a distinct or separate holding or tenancy or any wharf or pier, or any tract of land used for any purpose; "prescribed" means prescribed by Regulation; 23 Sa wo Slind bne (TO8) 15taneTI D Tnandos7 elUGUICGLA "private sector participant" means a Corporate RRGIAL52 gnzinnoC Entity, Limited Liability Company, baa vlл2 тssW diu&Partnership or Individual that provides any zlservice or undertakes any activity in the Water and Sanitation services sector either by agreement or license from Government who nisestо 2nesmhas not been prohibited fron undertaking vas to such activity by Rcgulations prescribed by the10 038D risiw roiloamo N LO L Commissioner; dotkw b bs aьчоC sni2oiz 2669 Deprivate scetor participation agreement" means an agreement between a Public Sector Agency or 1 body created in this Law and a Private Sector Participant to undertake any activity for the delivery of water or sanitation services on behalf of such Public Agency or body in accordanee with the provisions of this Law or any other relevant Law; VLOIEac visoc ESEL gromiuguЯ Locg LOIGA"property" includes buildings and appurtenances, accessorics, stores, materials, investments, funds, loans and accounts- receivable claims; ROVGLEHRSUS VIE Dт Torislsl} To хра "public private partnership agreement" means an agreement between the Institutions in the Water Sector and a Private Sector Participant selected by the Institutions through competitive bidding procedure to carry out Public Private Partnership participation that sets the terms and conditions of such participation, including, without limiting the generality of the foregoing; Concessions, Leases, Management Contracts, Build Own 24 30 «О and Transfer (BOT) and Build Own Operate ằnd Transfer (BCOT) Agreenents, Technical Assistance Contraets, Consulting Services Contracts, Franchise, Bulk Water Supply and Purchase Agreements and Regulatory Agreements; "public fountain" means any fountain, standpipe, valve, tap of any device used or intended to be used for or in conucetion with the supply of water to the public frera any waterworks, and vested. in or erected by the Corporation or its Concessionvire and which is the property thercof "records” include computer records and other records kept otherwise than in a document: "regulatory body" means the State Infrastructure, Promotion and Regulatory Agency or the State Water Sector Regulatory Commission or any such similar body established by law; "relevant authority” means any government Ministry, Department or Agency or any other body, which is competent to address matters within its powers; "relevant state ministry” means the relevant Ministry of the State including the Water Resources Ministry, Ministry of Health, or the Ministry of Environment, or other ministry as applicable; 25 se ai e ho ut s riparian” mcans relating to or situated on the banks of a river: "sanitation" means the prescribed minimum standard of services necessary for the safe, hygienic and adequate collection, removal, disposa! or purification of human excreta, domestic waste-water and sewage from household; "services" means the satisfactory fulfilment of Water and Sanitation needs.ofthg final user; "sewage" means used water and waste substances that are produced from human bodies, that are carried away from tenement or other sources; "sewer" means a large underground pipe that carries wastewater and human waste away from buildings to a place where they can be safely gotten rid of; 2020 *sewerage means a system of pipcd network r yot of sewers constructed to evacuate waste water and sewage from source and may include disposal and trcatment of sewage; RIGL "speciaí area plan” means a statutory planning management tool approved bythe Commissioner todeal with specific lamd management issues in a special area: "state" means the Plateau State of Nigeria; "statc government" means the Government of Plateau State of Nigeria "state information system" means the system for the collection of information pertaining to 26 Water Services to be created and maintained in accordancc with this Law; "state water agencies" means the Jos Water Services Corporation, Rural Water Supply and Sanitation Agency, Municipal Water Supply and Sanitation Agency and similar bodies in the State Water Sector; "state water laws and policies" means this Law, all other relevant Laws, all Regulations including Orders and Guidelines issued by the Commissioner pursuant to this Law, and all Water Supply and Sanitation (WSS) Policies in the State. "state-wide water services development plan" means the Statc-wide Water Sector Development Plan including the aggregate investiment plan created by the Ministry and approved by the State Executive Council in accordance with this Law: "stakeholder” means individuals or groups that affect water decisions; "stakeholder participation” means individuals or groups being involved in the initiation, planning, implementation, management and evaluation of the decision-making process; "street” includes any square, court, highway, road, thorough fare or public passage or place over which the public have a right of way: *strict liability" means an absolute legal responsibility for an injury that can be 27 6fSсте сot bobie imposed on the wrong doer without proof of carelessness or default; "substance" includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form of a gas or vapour; "tailing dam” means a structure built for the purposes of storing mine waste and water from the mining process; "tariffs” means the charges for Water Services and/or water-related services set in accordance with this Law; "tenement" means any land with or without buildings which is held or occupied as а distinct or separate holding under tenancy or terms of occupation of any description; "to pond" mcans to hold back or dam up flowing water or another liquid to form a collection called a pond; "trcated water" means water treated for domcstic, commercial or industrial pu.poses; a bans ad buno "uniform volumetric charge" means a water Law showing the quantity used (cubic meters) multiplied by the price per unit of water; "WASH" means Water Sanitation and Hygiene; "WASHCOM” means Water Sanitation an Hygiene Committee; abivosg o bugildo si "WCA” means Water Consumer Association; "wastewater" means water containing any solid, chemical or biological, that makes this 28 Acari water unfit for domestie or industrial use; "water mains” means a water supply system or water supply network which is a system of engineered hydrologie and hydraulic component which provides water supply or a principal pipe in a system of pipes for conveying water, especially one installed underground; "water pricing"” means an activity that covers various processes to assign a price to water; "water quality standards" means the health, environment, and sanitation standørds relating to the quality of drinking water consistent with the National Drinking Water Quairty Standards developed by the Federal Ministry of Health and the Standards Organization of Nigeria as may be amended from time to time; "water resouree” means any collcction of water, surface or underground, that provides potable water and water for industrial uses; "water services" means the abstraction, conveyance, treatment and distribution of portable water; water intended be converted to portable water or water for commercial usc, where such water is provided to consumers or other water services providers, wastewater collection, treatment and disposal, and sanitation scrvices: "water service intermediary” means a Private Sector Participant who is obliged to provide water services to consumers under terms of a 29 i t s u o s H e 01 vid er contract where the obligation to provide such water services is incidental to the main object of that contract, including, without limitation under a contract relating to a housing estate or under an employment contract with a farm, mine or other industry; "water services provider” means the State Water Agencies acting in that capacity and any other person who provides water services to consumers or other water services providers with or without the responsibility to collect any tariffs that may be due and includes aa Water Services Intermediary; "water service regulatory functions" means the prescribing of Rules, Orders and Regulations for the provision of water services, granting of water service provider licences and other regulatory functions of thc ministry in accordance with this Law: "water services provider licenses" means the license issued pursuant to this Law granting a person rights to provide water services within a jurisdiction i.c., the geographic areas specified therein and shall include a permit in accordance with Regulations or Guidelines issued by the ministry. "water tariff" means a price assigned to water supplicd by a public utility through a piped network to its customers; 30 Objectives and functions 3. "water works" means a reservoir, dam, well, pump house, borehole, pumping installation, purification work, sewage treatment plant, sewers, access road, dedicated electric power supply pipeline, meter, fitting or apparatus built, installed or used by a Water Services Provider to provide water services: "wetland” means land consisting of marshes or swanps: "WUE" means Water Use Efficieney programme; (1) The objectives and functions of the Water Sector Law shall be to enable: 10 (a) the guarantee of citizens’ right of access to sustainable clean Water and Sanitation; (b) the sector fulfil the basic Water 101 and Sanitation needs of the present guuand futureare gencrations:CLLoguicолу uпопопг оttpc WEIRI.2CLATecbrорбаL 15 oiziv15 srlt arssn "2cRUGCI! tobIADLG gaiл w6.1 zнi o IG2:11 gw obivoiqמכויפ2 דכ? mdiw 26016 sitiqukosR ep ni sireueb s abutoti Herla bob zonilsbin LO znoitnluБ (c) Water and Sanitation Institutions promote equitable and affordable water access to reduce poverty. (d) stakeholders adopt catchment areas rasin the basic units for water oresources management; (c) stakeholders in the Water and Sanitation sector in the State protect all water resources and maintain their sustainability; begith S EnOLt erilim оl(f) stakeholders in the Water and Sanitation sector protect all aquatic 31 T h) ban TOlE (k) anisi bda Inibea bir ertcitutitani noisaimae bs O baeriRob 1 ни h et gaib (m) els ssbu eoitus2LOIlE0 teulqla zeMot sdt to so etRCT Hai2 nad Ises (n) (o)ACLIERIGUE catoblorisalune stio o ccosystems; water institutions recognize the existing customary uses of water; water institutions recognize the principle of 'polluter-pays'; water users must avoid significant harm to others; water and sanitation institutions promote efficient, sustainable and beneficial use of water in the interest of the public; water institutions facilitate social development, poverty reduction, improved public health, economic development and gender equity; water institutions recognize the growing demand for water use, promote conservation and consider the economic value of water: all institutions support initiatives that reduce and prevent pollution and degradation of water resources: state, its Water and Sanitation institutions, manage floods, desertification, droughts, erosion control and land drainage; water and sanitation institutions establish comprehensive and equitable coverage of water supply sanitation,and 32 including (2) promoting Public Private Partnerships in the delivery of water services; (p) water and sanitation institutions promote the Public Private Partnership (PPP) principles in the development and management of water resources infrastructure; )b( water and sanitation institutions (r) (s) promote safety of dams: water and sanitation institutions recognize and implement the principle of water as an economic and social good, taking into consideration the socio-cconomic status of the users and, particularly, affordability; and water and sanitation institutions provide training and capacity building to all its staff. The institutions named in this Law shall achieve the purposes set out in sub-section (1) of this Section under the guidance of the following principles: (a) participating and consulting with Urban, Small Towns, Local Governments and Rural Communitics, Women and all other visible Stakeholders: (b) managing resources at the lowest 33 lerte llte Gender 4. Mainstreaming HortRerbbs Harda (3) tier of intervention; (c) adopting efficiency; adıministrative (d) upholding transparency; (c) building accountability; and (f) implementing National and State Policies on gender and the environment. To implement the principles laid down in sub-sections (1) and (2) above, the institutions named in this Law shal1 promote the concept of Integrated Water together Resources with management of; the Management, coordinated (a) economic requirements, social welfare and environmental (b) sustainability: land and water resourees; (c) surface water and groundwater resources; and upstream(d) interests. and down-stream (1) The Principles laid down in Sub-section 1 of Section 3 above promotes Gender Mainstreaming and shall apply to gender and social equity in the Water and Sanitation Sector. (2) Gender Mainstrcaming shall be an 34 brta M mwob bisl (3) integral part of any project on Water and Sanitation. It shall have the following components: (a) assessing the implications for gender in any planned action, including Legislation, Policies or Programmes in all areas and at all levels: (b) inclusion of a strategy for making ieregender concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of Policies and Programmes in all political, economie and societal spheres; and (c) achieving gender equality at all times. Gender consideration shall exist at Policy level and this consideration shall survey the following: (a) government and the institutions shall include gender issues in State Policy Reforins on Water and Sanitation; (b) government and institutions shal1 carry out audit to identify gaps in responding to gender issues; (c) the Ministry and the institutions shal1 allocate resources for gender mainstreaming activities: (d) the Sector Policy shall address all barriers relating to gender in making 35 baanrl Tirkear 11a2 (4) productive use of water in the areas of Houschold, Livestock, Irrigation. Cottage Industries and other related purposes; (c) policies shall address issues of women's participation and representation in projeets; (f) institutions shall respect gender policies that align with investments; (g) institutions shall support State and Federal Government to fulfil mainstreaming policy goals; and (h) stakeholders shall regularly incorporate gender considerations in studics, reviews or research related to fostering sector goals. The indicators for sub-scction 3 above arс as follows: (a) gender-specific objectives at the sector level; (b) gender Policies institutions; (c) water ratios: and sanitation within the distribution (d) percentage of population on-network versus off-network; and (e) percentage of expenditure by gender in accessing Water and Sanitation services in different parts of the 36 Statc. (5) Government and its institutions shall: (a) cnsure compliance with gender mainstreaming by observing following in its workplace: i. equitable work convenient to a11; the environment ii. absence of discrimination based on gender, race, age, marital status, pregnancy and parenthood; iii. placing a check against discrimination relating to a person's disability during recruitment; iv. avoiding discrimination in staff promotion and staff training: and v. ensuring staff safety at work; this safety includes travels during work; (b) ensure compliance with the conditions of service as enshrined in the Civil Service Rules to balance work and family responsibility; (c) cnsure that none of the following is practised in any of its work places: i. sexual and psychological abuse aimed at embarrassing the victim: 37 (6) Es (d) ii. ethnic and racist abuse aimed at cmbarrassing the victim; and iii. images and other signs of harassment; and carry out disciplinary mcasures against any person who contravenes any of the provisions in sub-section (5) (c) (i) — (iii) abovc. Government and its Institutions shall facilitate women's role in water operations in low income areas as follows: (a) incorporating the key objcctives of water supply service to low income arcas; (b) articulating Guidelines, Strategies and Principles of water supply services to low income areas; (c) establishing pro-poor units that shall respond to gender issues; (d) creating practical mechanisms that empower men and women financially through flexible water connection payment terms, appropriate Tariffs and targeted Subsidies; and (e) partnering with Community Based Organizations and Private Entrepreneurs to penetrate and expand water services to the low- income settlements. 38 Etel b TрIGм s rte (7) (a) All institutions shall lead and bae acilitate the principle of gender in urban sanitation using the following processes: i. partnering with Local Governments, Local Women Groups and the Private Sector to overcome technical and financial 02) barriers against women accessing urban sanitations; establishing a sustainability plan for the operation and maintenance of public-pay-and- usc facilities; iii. establishing a practical strategy that ensures women and children's safety in such facilities: (a) the Itew లంల ba ztiт Se eans inut ulies enotsxins bns (b) Provided that in doing this. respect to local norms, beliefs and customs are observed to avoid local embarrassment and a possible backlash; Institutions shall ensure the involvement of women in decision making on payment schemes and on issues relating to children's need; and the Institutions shall introducе practical strategies for sanitation and hygiene at the lowest level of a formal education: Provided that in the case of the girl child, uninterrupted school attendance is 39 досе brise subwosF (8) (9) ensured. An effective monitoring and evaluation process in gender mainstreaming shall be based on: (a) assessment of the positive or negative impacts of a programme; and (b) assistance in making informed decisions on future programmes. In ensuring equal participation of gender in decision making at all levels, institutions shall: COUR i. organize Sector meetings at the Community level which shall overcome all cultural barriers against women's participation: ii. provide user-friendly information on policics, strategies, plans and investments; iii. ensure the usc of feedback mechanisms for citizens' complaints and challenges arising from activitics at all levels of Water and Sanitation providers; iv. ensure gender involvement in planning, budgeting and strategy building; and v. entertain criticisms from Civil Societies which shall form inputs into present and future plans of the Institutions. institutions shall use measures in sub- 40 LennODOIR Trolsa tarl VOASIor (b) General efficicncy in the use of Water Domestic usc Efficiency 5. 6. section (a) above to access compliance by institutions using the underlisted indicators: i. ratio of gender contributions in decision making; ii. percentage of women participation in such decision making; and iii. number of policies and strategies published with inputs from non-state actors and marginalized groups. (10) In ascertaining behavioural change of gender in the provision of Water and Hygiene, institutions shall cnsure and observe the following: i. undertaking regular studies on baseline behaviour; ii. ensuring gender cqual opportunities in roles promoting iii. Hygiene and Trainings; and providing Sanitation and Hygiene facilities in Primary Schools. The institutions in ensuring the general use of water, shall consider the cost of providing water resources and the equal benefits to users without disruption to the environment. (1) All institutions shall adopt successful Water 41 Use Efficiency (WUE) に watcr programme using: (a) consumption meters that provide consumer's usage information Consumer; to the Provider and (b) consumption meters that provide the most accurate assessment of distribution system leakage; (c) consumption meters on all existing and new direet service connections; (d) consumption meters on all clustered entities, that is fair, transparent and objective to both Service Provider аят and Consumers; (e) consumption meters on all new connections; and (f) meters at an carlier date in order to calculatc accurate distribution lcakagc. Without prejudice to a Consumer's right of rejection of consumption meter, the Public Health benefits of piping water to all Consumers, shall override such rejection. Consumption meters are compulsory in all circumstances, except in clustered entities like: (a) camp grounds; (b) recreational parks; (c) property designated home park; as a mobile (2) (3) 42 sbivoab rа LGICJ (4) дagenesTIE 21 E(5) Irrigation use 7 (1) efficiency 34 (2) (d) building with multiple units; and (e) complexes with multiple buildings served with a single conneetion. Institutions shall ensure that only qualified professionals install consumption meters to avoid: the (a) disturbing the distribution system; (b) contaminating the distribution OD system; and (c) making the water unsafe and unreliable. Institutions shalI calibrate their meters from time to time for accuracy, to avoid loss of Revenue. Institutions shall ensure that water efficiency in irrigation is achieved using: (a) initial system design; (b) proper installation; and (c) consistent management maintenancс. and Institutions shall ensure sustainable efficiency in water use for agricultural Irrigation by: (a) making Water Licence Holders have water meters on their water conncctions; (b) supplying water quantity that meets the need of irrigation activities in every year; (c) monitoring water system to ensure 43 Irrigation use efficiency 8. Hate ovis (3) that irrigation water seldom ponds and does not run off the field; )d( irrigation system applies water to the plant rooting only; (c) seheduling irrigation according to rainfall; (f) scheduling irrigation according to evapotranspiration; and (g) condueting regular maintenance checks on the sprinklers and meters for leaks. Institutions shall enhance capacities of its staff improving irrigation efficiencies and use best management practices and trainings. Institutions shall introduce sanitation strategies to achieve the following benefits: EStit niatv a lctent Hnda nt cl (a) improved property prices, increased school participation and enhanced living standerd; (b) improved health status, increased productivity, increased quality of life and high savings in healthcare costs; (c) improved quality of ground and surface water, with consequential increased savings in water treatment procedures; To0bbn Hade oun(d) increased venture into cottage industry and consequent increase 44 Institutions role in improving cconomic base of Communities 9. (1) (2) (c) in incomes: increased savings in treating domestic water supply: (f) improved quality of water that attracts tourism and increased financial gains: (g)improved foreign and local invcstments: (h) increased production of non- contaminated fish; (i) improved agricultural production; and (j) improved aesthetics that cause rise in property valucs. Institutions shall organize local residents in form of Co-operatives responsible for Community water connection and metering schemes The cooperatives shall use the following in the water connection and metering schemes: (a) cach Community Cooperative shall select a Community Leader who becomes an Employee of the Institution: (b) the Institution shall install a Main Meter or ‘Grand Meter' for the entire Community. In addition, the Institution shall install individual sub-meters that shall serve Four or 45 T Srits Five houscholds as a group: (c) the meter arrangements that arc crcated as above shall ensure a Community wide metering of water consumption; and (d) cach family shall settle its wateг Law at the designated payment point. (3) (a) the Cooperatives shall encourage shareholding between the Institutions and the Communities, to create economic benefits wherein a hosting Community shall be entitled to 20% share allocation from the Institution; (3) the 20% share allocation to the Community shall be distributed among Community groups in proportions of: i. 40% to empower local male entrepreneurs, including creating employn.ent for other locals: ii. 40% to empower local female entrepreneurs, including creating cmployment for other locals; and iii. 20% for youth capacity building, especially in the area of agro-allied venture. 46 ae biorf (4) Institutions shal1: (a) harness human and physical infrastructure constructing and maintaining Water and Sanitation structures in the Communities; and bne :cйSUOC L (b) achieve the above-mentioned goal by doing the following: Managing for 10. (1) financial viability i. appointing a group of representatives in the Community as Leaders in the infrastructure construetion; ii. requesting the relevant Local Government to pay monthly stipends to Heads of Houscholds participating in the construction projects; iii. providing the technical and feasibility studies, construction materials and technical trainings to Community members; and iv. organizing weekly Stakeholders' meetings to update residents, NGOs, the Civil Socicty and Government Officials. Institutions shall deliver reliable services and ensure financial viability for economic base improvement in gaining access to market finance. (2) Strong internal management capacity of the institutions is the pre-requisite for 47 terte 21982at orodw 1(3) G2 5: to anSS or eldza gaining access to market finance.T SA To gain access to market financс, institutions shall maintain a strong internal management capacity through having: (a) an array of skilled human resources; (b) an effective business planning cycle linking policy with financial reality; (c) a functioning and transparent Management Information Systems (MISs) as means of creating effective management; (d) a strong Revenue management for handling the issue of Unaccounted- For-Water (UFW); (e) an efficient and responsive Consumer service for improving an overall public perception; (f) the provision of timely auditcd Accounts, a demonstrated eompliance :vd euозатiо из от асciucг o with Environmental Regulators and a positive attitude towards change; GIRAW golbivosg m esigSIETIR EGSLA to rnslavE boon gnnagmoуarorw (g) a consistent and sustainable State-of- bra eldstinica PS aliet the-Art Agency structure and function that shall justify the continuation of the existing partnerships between the State and her external Sponsors; and maintenance status in (g) above to attract more International and Local Sponsors. 48 Water Trading 11. (1) Water and Sanitation Services Strategy 12. (2) shall facilitateInstitutions thc development of markets where farmers and private operators shall trade water to make it accessible to citizens of the State. The institutions shall achieve the goal in (1) above through: (a) provision of Irrigation Licences; (b) facilitating trade in seasonal water allocations; (c) enlightening the Public/Traders on the hydrological areas to ensure sustainability of the ccosystems; and (d) guiding and monitoring the sale of Water Licenses to Community Co- operatives by Private Water Licensе holders. Government and its institutions shall adopt the following strategies in providing Water and Sanitation services to its citizens by: (a) adopting an elastic system of water allocation where every competing need will be satisfied, in spite of any changing circumstances; (b) applying the principle of equitable and sustainable water supply; (c) adopting a demand-driven approach to water supply. This entails the observance of flexible time with sufficient opportunity for local decision-making, resource mobilization 49 on Iet(d) Stakeholder participation in sustainable management of Water and Sanitationols 13. (1) o ntn (2) bak ol capacity building in the Community; and avoiding rigid scheduling of projects as this inhibits Community participation and reduces long-term sustainability of Water and Sanitation Projects. Government through the institutions in the Water Sector shall ensure the sustainable management of Water and Sanitation through stakeholder participation in the Water and sanitation project. The different component of the stakeholders' participating in the Water and Sanitation project in the Community shall comprise of: (a) the Community itself with population stratified along ethnic, socio- economic, religion and gender; (b) other Communitics that shall share experience and ideas with the target Community; (c) the institution that is the originator of the project in the Community; (d) the Non-Governmental Organizations (NGOs) and Civil Society Organizations (CSOs); State and/or Local Government; Public Sector; (e) (f (g) Trade Unions or disaggregated Workers' Associations; 50 Stakeholder hurta 14. training for Community managemcnt of Water anP Sanitation Facilities t r3כףד biiad (h) Academia; (i) Women’s Groups; (j)Environmental Groups; N (k) Faith Groups; (1) Students' groups, organizations; and (m) Retirees. D) The stakeholders participating youth and contributing profitably to the Water and dguon Sanitation management shall be trained in the following ways: (a) human resouree development that исeli refleets partnership in sustainable Taobiector development between oGovernment, Communities, Private ebSector and Non-Governmental Organizations; and 10 (2) (b) identifying the particular training needs of women and ensuring equal training and employment opportunities in al1 cases; and the training shall aim at producing adequate technical and managerial hands for the sector. Different stakeholders shall observe the following process in the management of Water and Sanitation: (a) accommodating a wide range of perspectives with more creative approaches to problem solving; 51 Multi- 15. stakeholder process in Water and Sanitation Management (b) addressing complex and inter- gtesb s dependent problems in a more integrated and comprehensive Wmanner; IRECDI (c) usil RCabe ierinee -rotaEGUSti 2o wtiw sт зIGL noitn HIT-DR4 bo oi gnumt тповod to sbos awb出 to arms UOM) respecting the vicws of beneficiaries and potential local owners of proposed ideas/solutions, which shal1 produce greater sustainability outcomes: (d) producing a spirit of joint goal-setting that is completely different from a eo,command-and-control' approach; (e) speeding the development and кнаыnebilnimplementation of innovative C gnibs acc(105) gniv solutions; (f) acting as a catalyst for Policy innovation; gmiuzzi tuods nelq 2aibum (g) incrcasing trust and respect among stakeholders; and Multi- stakeholder principles and stratcegies in Water and Sanitation Management 16. (h) producing clear infor.mation and to assessments that are independent of Government. (1) Working principles and strategies to be used in the management of Water and Sanitation by stakeholders shall include: (a) the stakeholders' willingness in adopting new knowledge and learning; (b) the stakeholders' tolerance to other 52 people's ideas; turin doidw Orglax errotciorg (c) using the most qualified people in the design of the process; (d) using the core group representatives drawn from all relevant stakeholders;: ( ) co-ordinating the group that develops suggestions on issues, objectives, scope and timelines, procedures for Dialogucs, Deeision- making, Rapporteur actions, Documentation relating to the wider Public and Fund-raising: (D) using a code of honour relating to confidentiality; (g) having a Memorandum of Understanding (MoU) or Terms of Reference (ToR): (h) having a standing plan about issuing documentation, detailing purpose, схреcted outcomes, datelines and status of the outcome; (i) the inclusion of relevant Officials with inputs and suggestions that add value to the deliberations; (j) establishing mechanisms for sharing information and common knowledge base; (k) adopting open and transparent call on diverse individuals for participation; and having a clear, understandable and 53 Government's attitude tomulti- stakeholder participat tion 17. (2) achievable goals. Thefollowing points shall betaken into consideration whenparticipating as a stakeholder inthemanagement ofWater andSanitation: (a) (b) (c) (d) theparticipant shalldecide from the beginning aside torepresent and he shallstand firm on itsdecision; anindividual shall notexelude himself/herself onaccount of a perceived poor basiceducation or knowledge ofmatters to be discussed; government andinstitutions shall carry along allrelevantstakeholders, including dissenting voices, inboth infrastructural andinstitutional intervention; and facilitators of amulti-stakeholder process shallsuppress polities, allay fears andremoveconfus:on among participants. Government and theinstitutions shall: (a)understand that amulti-stakeholder process isdemocracy inaction; (b)recognize that sharing and delegation ofpower to,non-public actors bringgovernment and development tothegrassroots level; (c)welcome, at allstages ofprojecct 54 Hrogoldavaitos (d) (e) development, stakeholders' ideas andensurefinancial prudence for sustainability ofProjects; trust thestakeholders inWater and Sanitationmanagemcnt, anр sanctionstakeholders whoviolate therules; and participate inallstages of aProject. PART III SUSTAINABLE USE OFWATER Sustainable use ofwater in Agriculture 18. (1)Institutions shallensure theprevention of WaterPollution arising from land use activities andfarming. Thesepolluting activities include: araz 100 (2) (3) (a)leaching ofFertilizers; (b) soilerosion thatspreads outover a wide area,causing controldifficulties; and (c)fertilizers, pesticides, manure and slurry. Institutions shall take thefollowing measures toprotect WaterResources to help farmersand other relevant stakeholders: (a) instudying thefarmscharacteristics; and (b) set amanagement plan forpotential pollutants. Institutions shall adopt practices that: conservation 55 Economic sustainability in the Use ofWater 19.(1) (2) (a)slow thetransport anddelivery of polluted water; (b)redirectmovement ofpolluted water; and (c)chemically orbiologically remediate orintercept thePollutant before or affter it isdelivered to thewater resource. Institutions shall helpfarmers adopt gooр waterresourcesmanagement toachievс economicsustainability ofwater. This management shall makeFarmers: (a) cutproduction costs; (b)maintainanimprovedland productivity; and (c)reducepollution risk. TheFarmers shallachieve thebenefits stated insub-section (1)abovethrough thefollowing measures: (a)usingirrigation water price that (b) (c) (P) provides benefits andsubsidics reducing demand forwater using an appropriatewater-saving device; using aplan ofthefarmpipelines to detect andrepair burst pipes; following closely themonthly record ofwatermeters indetecting leaks and studying water usestatistics; understanding how theamount and source ofwaterwithdrawals impact LocalCommunities andEcosystems; 56 Soocial sus stainability 20. (1) (e)understanding how thequantity and quality ofwastewater discharges impact LocalCommunitics and ecosystems; and (f)havingadequate responses towater risks which include supply disruptions, priceincreases andmore stringentRegulations. Institutions shall helpFarmers andother relevant stakecholders inwater improvement atfarm level andadopting goodpracticemeasures toachieve social sustainability. This will beachieved through: (a)making potable Water andSanitation accessible toFarmers and their (b) (c) Employces; teaching waterconservation and prevention ofwaterpollution to Farmers and theirEmployces, as empowerment onsound water use in thefarmenvironment; supporting theFarmers and their Employees inensuring adequate irrigationmonitoring andscheduling; (d)training theFarmers and their (e) Employees onintegrated pesticide andnutrientmanagement; and making Farmersunderstand the nature ofconflicting water use demands with theCommunitics 57 Environmental sustainability demands, thus ensuring a robust demand profile for all users. of21. (1) Farmers shall adopt a good mix agricultural practicespr that impacts positively on the existing water resources situations in the short and long term. (2) Groundwater sustainability 22. (1) This shall be achieved through Farmers: (a) adopting irrigation method that maximizes intended plant irrigation without effluents polluting Communities water resources; (b) constantly checking and making instant repairs on the Irrigation System, the Pumps, Mains and Hydrants; (c) securely isolating potential pollutant like Pesticides and keeping away these pollutants from flood-prone areas: (d) controlling effectively issuc of integrated pest management and using low water fertilizers; and (e) dutifully stopping infiltration or wastewater flow to surrounding areas of ecological importance. Institutions shall take proactive measures to prevent ground water resources contamination. These measures are: (a) regulating effectively all human activities in Agriculture and related 58 activitics: (b) keeping a tight control on human activities at landfills, industrial Hore discharge areas, leaking gasoline storage tanks, cesspools, septic tanks and domestically used chemicals; (c) timely removal of any pollutant spills before the pollutant contacts with the soil: (d) monitoring human activities on Streams and Rivers as these sources of water recharge the Groundwater; (e) liaising with the Environment Ministry in preventing household refuse dumping, industrial wastes dumping and discharge and pumping of human waste into Strcams and Rivers: and (f developing Geographic Information Systems (GIS) as an integral part of the database modules for analyses and evaluations of alternative management strategies. (2) Institutions shall liaise with the Local Administration or Community to have full knowledge of the history of any site proposed for siting a Groundwater resource. (3) The information in sub-section (2) above shall guide in siting the Groundwate resource in areas close to: 59 Water quality and pollution control (a) Septic Tanks; (b) Wastes and refuse dumps; anp (c) Cemeteries. (4) Institutions shall help Farmers monitor the Irrigation Wells for water quality. 23. (1) Stakeholders shall avoid activities that contributes to the reduction in quality water. These activities include: (a) disposing raw effluent from disused (2) Urban Water Sewer System; (b) uncontrolled handling of effiuent from industrial activities: (c) uncontrolled handling of effluents from Farm Irrigation Systems; (d) uncontrolled discharges from informal settlements, like Urban Slums: (e) unchecked deforestation activities: (f) indiscriminate solid waste disposal; and (g) continuous wetland and riparian encroachment. Stakeholders shall check pollution and consequential fall in water quality using the following approaches: (a) co-participating in taking measures against water resources pollution; (b) co-participating in managing Sanitation and solid waste disposal; (c) requesting 60 institutions to support Stakeholders, Civil Society Organizations and NGOs in protecting community water resources; and (d) ensuring that institutions comply with Water Resources Regulations. the Corporation PART IV JOS WATER SERVICES CORPORATION Establishment of 24. (1) There is established for the State a body to be known as the Jos Water Services Corporation (hereinafter referred to as "the Corporation"). Establishment of 25. (2) The Corporation shall: (a) be a body corporate with perpetual (3) succession and a Common Seal; (b) have powers to sue and be sued in its corporate name; (c) have power to enter into Contracts or Partnership with any person (whether corporate or unincorporated) which in its opinion will facilitate the discharge of the functions conferred on it by this Law; and (d) be capable of holding, purchasing, acquiring, managing and disposing of property, movable and immovable. The Area of operation of the Corporation shall be all settlements within the Greater Jos Master Plan. (1) There is established for the Corporation, a 61 Customer Care Centre Functions of thс Centre 26. (2) Customer Care Centre (hereinafter referred to as "the Centre") which shall be situated within the Corporation's Headquarters. The Corporation may also establish Customer Care Centers in its Business Offices as it deems necessary with a view to bringing its services closer to the Consumers. The funetions of the Centre shall be to: (a) receive and pursue complaints from Consumers regarding: i. quality of water: ii. water leakages; iii. damage to properties of the Corporation; iv. water connection standards of service; and v. other related matters. charges; (b) settle minor disputes and proteet the interests of all Consumers: (c) monitor all matters appearing to the )P) Centre to affect the interests of consumers or potential Consumers; consult with any Operator about matters which affect the interest of Consumers or potential Consumers to that Operator; (c) make representations where appropriate on behalf of a Consumer or Complainant to any Private Sector Operator; (f) receive and pursue complaints from 62 Constitution 27. (1) of the Board of Directors Remuneration 28. for members Environmental Agencies and Government bodies on pollution matters; and forward complaints to the relevant authorities where applicable. There is established for the Corporation a Governing Board (hereinafter referred to as "the Board”) which shall comprise; (a) a Chairman who shall serve on part time basis: (b) the Permanent Secretary in charge of the Ministry responsible for Water Resources Management; (c) the Permanent Seeretary in charge of the Ministry responsible for Finance; (d) the Permanent Secretary Ministry of Justice; (e) the Managing Director of the Corporation; (f) the Executive Directors in Corporation in eharge of: i.Technical Services: ii. Business Development; and iii. Finance and Administration. the (g) a representative of the Plateau Chambers of Commerce, Industry, Mines and Agriculture; and (h) a Secretary and Legal Adviser. (2) The Chairman shall be appointed by the Governor. There shall be paid to the Chairnan and the representative of the Plateau Chamber oJ 63 of the Board Tenure of office 29. of the Chairman of the Board Vacation of 30. office by Chairınan of the Board Commerce, Industry, Mines and Agriculture such remuncration or other benefits as the Governor, may from time to time determine. The Chairman of the Board shall hold Office: (1) (a) for a term of Four years in the first instance and may be reappointed for a further non-renewable term; and (b) on such terms and conditions as may be stipulated in his Letter of Appointment. Notwithstanding the provisions of Section 29 (a) of this Law, the Chairman shall vacate Office in the following circumstances: (a) a three-month period following a written Resignation Notice to the Governor, or at the expiration of such other period of notice as he and the Governor may agree; (b) alternatively, on the date he begins to serve a sentence of Imprisonment imposed without the option of a Fine: i. in Nigeria, in respect of an ii. раимwad to aving orh Lte Erstusfioy er Offence; or outside Nigeria, in respect of an Offence involving financial Impropriety or any conduct which, if committed in Nigeria, would constitute an Offence; 64 םהמ Proceedings of the Board 31. Objectives of the Corporation 32. (c) the chairman may also vacate his Officc if hc: (i). attends fewer than 75% of the Board's meeting in any one- year period with no cogent reason; (ii). is barred or suspended from his professional body; (iii). becomes bankrupt: (iv). becomes of unsound mind or incapable of carrying out his duduties; or (v). is guilty of serious misconduct in relation to his duties as a member of the Board. The proceedings of the Board shall be governed by thc Rules contained in Schedule 2 to this Law. The objectives of the Corporation shall comprise: (a) providing safe, adequate and affordable water supply services to the residents in its area of operations in accordance with the provisions of this Law; (b) providing Sewage and Wastewater Management Services, whether by the provision of Sewers or otherwise, for the collection, treatment and disposal of Sewage and Wastewater generated by Consumers within its 65 JHoISglo ba svisDOEEK Functions of thc 33. Corporation area of operation, and other services incidental thereto: (c) collaborating with the Ministry to secure efficient use of water resources for the conservation and protection of the water resources of the State: (d) operating on sound commercial practice in line with the State Tariff Policy and Regulations and maintaining Customer focus for service sustainability and efficiency, while ensuring that its revenues are sufficient to provide for: i. All depreciation, amortization and interest’s costs; ii. all operations and maintenance costs; and iii. a reasonable return on investment. The functions of the Corporation shall be to: (a) control and manage all Water Schemes and Sewage infrastructure vested in the Corporation; (b) develop new water supply infrastructure as the Board may atconsidernecessary for the purpose of providing wholesome, potable water for domestic consumption of the public, and water foragricultural, powcr. commercial, industrial, 66 recreational, seientific and other uses; (c) develop new waste water and sewagc infrastructure as the Corporation may consider necessary for the purpose of providing effective and efficient collection, treatment, and disposal services for Agricultural, Power, Domestic, Industrial, Reereational, Commercial, Scientific and other water-related waste; (d) ensure that adequate wholesome water is supplied to its consumers in line with National Drinking Water Quality Standards (NDWQS): (c) recommend Rates and Scale of Charges for Water and Sewage Management Services subject to approval by the Commission; (f) conduct and organize Research and Training with respect to Water Supply and Sewage Services; (g) develop, maintain and beneficially exploit water resources both natural and artificial; (h) provide data on Water Supply, Sanitation and Hygiene related etmatters for formulation of Policy: (i) prepare plans for the development 67 mat ECTIAC and maintenance of Water Supply and Waste Water Services Infrastructure in its areas of operation (hereinafter referred to as “the Water and Sanitation Services Development Plans") in consultation with the relevant Authorities, Stakeholders and Consumer Groups; identify and implement projects for the provision of Water and /or Sewage Service which may be undertaken with Private Sector Participation (PSP), after consultation with the relevant authorities and subject to the approval of the Governor in cases involving divestiture or Sale of Assets: enter into any Commitments, Agrcements, Joint Venture, Performance Contracts, Public- Private Partnership Agreements (PPP) or other arrangements in respect of the provision, distribution, supply or sale of Water and Sewagc Management Services; provide consultancy and project management in respect of Water Sanitation and Sewage Services; (m) cstablish and implement proper accounting procedures for all Assets and Liabilities of the Corporation; 68 (k) CGRUTEC Tonaluロン Powers of the Согрoration 34. (n) specify the terms and conditions of supply of Water and Sewage Services to the Consumers in accordance with Regulations issued by the Commission and in accordance with the provisions of this Law; (o) recommend Regulations to Commission for the protection preservation of the Assets of the and the Corporation and Water, Sanitation and Sewage management in the State; (p) promote the rational use of water resources and potable water; (q) conduct training and retraining of Staff for skills development; (г) сollect Rates and Charges for Water Supply and Sewerage Services in accordance with the Regulations issucd by the Commission; and (s) carry out any other activities that are expedient or necessary for the effective and efficient performance of its functions under thris Law. Subjeet to the provisions of this Law, the Corporation's functions shall include: (a) owning all water services Assets and constructing new watcr services 69 Sd doolo o s12 be ga within its area of operation; (b) owning all sewerage sewerage managenent networks, and other wastewater Infrastructure and Assets and construct all such Assets its area of operation; within determining and collecting all Rates and Charges payable by Customers for Water Supply and Sewerage Management Services provided by the Corporation; and determining all other Fees, subject to approval by the Conmission; acquiring, purchasing, leasing, holding, constructing, manufacturing, maintaining or insuring any property forming part of the Water ana Sewerage Management Services infrastructure of the Corporation, whether moveable or immoveable as required; (c) laying any Water Pipe or Sewers through, across or under any Street or any place laid out or intended as a Street and thereafter giving reasonable notice in writing to the owner or оссupicr thercof and making good any damage done; (f) examining from time to time any surface or underground water 70 adt o цu crnst gaint 71 forming part of the water resources of the State for the purpose of determining water pollution, itif any, exists and its causes and to do likewise in respect of other water bodies by arranging with the relevant Authority under and in accordance with the provisions of any existing Law in that behalf; issuing reasonable notice to the Occupier thereof, at any time between the hours of Six o'clock in the morning and Six o'clock in the evening or in case of urgeney at any other time for the purpose of entering into premises or place upon which any service has been laid or into which any Water Supply or Sewage Services is supplied so as to: G) iD inspect and repair any facility and to ascertain whether there is any wastage, leakag. obstruction, illegal connection or disposal of sewerage or damage to any facility or meter therein and anything in connection therewith; ascertain the amount of water taken or used; or (iii) disconnect the supply of water or of any Sewer to any Structure of the Corporation 35. (1) premises; (h) reducing, withholding or suspending, turning off or diverting the supply of water through or by means of any service or public fountain either wholly or in part whenever the Corporation deems necessary subject to any Regulation of the Commission on same; (i) accepting, acquiring and holding any security of any kind in any form whatsoever; (j) surrendering, transferring or re- conveying any security held by the Corporation whether upon exchange for other security or upon discharge; (k) making, drawing, acсepting, or endorsing, negotiating instruments: (1) investing any excess monies, in accordance with the provisions of this Law and the Fiscal Responsibility Law; and granting exemptions from any Water Rate or charge of any premises or class of premises to any person or class of persons. The Corporation shall consist of the following Directorates: 72 (a) Directorate of Technical Services; (b) Directorate of Business Development; and (c) Directorate of Administration. Finance and (2) (3) The Corporation shall establish the following Units: (a) Publicity and Protocol; (b) Audit; and (c) Legal and Corporate Services. The Corporation may, subject to the approval of the Board, establish such number of Dircctorates and Units for the effective performance of its functions under this Law. Business Units 36. (1) of the Corporation The Board may designate such areas of operation of thethe Corporation outside the Head Office of the Corporation which shall be known as Business Units. (2) A Business Unit shall perform such functions of the Cоrporation as the Board and Corporation may determine. Managing Director 37. (1) The Governor recommendation shall, on of the the Board, 73 NIEV0154 BDin wad uta s eog (2) mommealgn rer (b) OTARC (3) appoint, as an Officer of Corporation, a Managing Direetor the Corporation who shall subject to the general direction of Board. The Managing Director shall bе: the for be the (a) the Chief Executive and Chief Accounting Officer; (c) responsible for the implementation of the decisions and policies of the Board as well as the general administration of the Corporation; and performing such other duties as the Board may from time to time direct. The Managing Direetor shalI: (a) be appointed by the Governor from three Applicants selected through a competitive and transparent recruitment process carried out by the Board either by themselves or through a certified competent Consultant in respect of an advertisement for such vacancy; be a person with a professional qualification in cither Engineering, Business Administration, Physical Sciences or Earth Sciences and (b) rLr DSC 74 (c) having relevant cognate experience in running a Public Utility or a Public or Private Organization and shall have held a Senior Management position fora minimum of Ten years; and be appointed pursuant to a Performance-based Employment Contract for a term of Fivc (5) years on a full-time basis which may be renewable for another period of Five (5) years and no more upon consideration of the improved financial, managerial, operational and other relevant indicators as contained in such Contract. Executive Directors 38. (1) The Governor shall. on the recommendation of the Board of Directors through the Commissioner, appoint Management Team for the following Departments: (a) Technical Services; (b) Business Development; and (c) Finance and Administration; (2) The recommendation of the Commissioner shall be based on thc following qualifications: 75 Secretary and Legal Adviser 39. Functions of the Secretary and Legal Adviser 40. (a) Executive Director Technical Services shall possess at least a First Degree in Engineering, Physical or Earth Sciences with relevant cognate experience; (b) Executive Director Business Services shall possess at least a First Degree in the Engineering or Business Seiences with relevant cognate experience; and Executive Director Finance and Administrative shall possess at least a First Degree in Accounting, Law, Humanities, Business or Public Administration with relevant cognate experience. (1) There shall be appointed by the Board a Secretary and Legal Adviser for thc Corporation. (2) (3) The Secretary and Legal Adviser shall be appointed on such terms and conditions as may be contained in his Letter of Appointment. The Secretary and Legal Adviser shall be a Legal or Professional Corporate Services Practitioner with a minimum of Ten (10) ycars post call experience. The Secretary shall perform the following functions: 76 (a) be responsible to thc Managing torvoiT Director; (b) be the Head of the Corporation's Legal Unit and responsible for giving advice on all Legal matters affecting the Corporation: (c) organize and take minutes of the meeting of the Board; (d) keep the Seal and records of the Board and conduct correspondences of the Board: (e) arrange for the payment of Fees and Allowances of meetings and all other matters affecting Members of the 2Board: (f) communicate Policy decisions at Board meetings Departments; to affected (g) render necessary advice on compliance with Laws, Rules and Regulations affecting the Board; (h) keep custody of copies of Assets, Financial and Annual Reports; and (g) perform such other duties as the Board or Managing Director may from time to time direct. 77 Staff of the Corporation 41. (1) The Corporation shall have power: (a) notoтоit lo sll e w t etoranoS or: tesef (2) to appoint directly or from any Public Service of the Federation, any number of Staff and other Employces as it may from time to time deem necessary to assist the Corporation in the discharge of its functions under this Law; (b) conduct Promotion exercises; and (c) undertake Disciplinary Measures. The Conditions of Service of members of Staff shall be as may be determined by the Board and in accordance with prevailing Terms and Conditions of Service for Public Corporations. (3) The Conditions of Service shall include: (a) conditions for Appointment, Promotion and Discipline of the Employees of the Corporation; and (b) procedures for appeals by Employees against any disciplinary measures regarding their employment: Provided that until such Conditions of Service are made, any instrument relating to Conditions of Service in the Public Service of the State shall be applicable with such modifications as may be 78 Pension Rights necessary to Corporation. the Employees of the (4) (5) A person appointed from any of the Public Service in the Federation may transfer his service to the Corporation. The Board shall approve Appointments, Promotions and Disciplinary Measures deliberated upon pursuant to the provisions of sub-section (1) of this Section. (6) The Corporation subject to the approval of the Board may determine the Salaries, Emoluments and other benefits of the 42. (1) (2) Employees of the Corporation. Service in the Corporation shall be approved service under the provision of the Statc Pension Law and accordingly. Staff and Employees of the Corporation shall be entitled to Pensions, Gratuities and other Retirement Benefits as preseribed under the Pensions Law of the Statс. Without prejudice to the provisions of sub-section (1) of this Section, nothing in this Law shall prevent the appointment of any person to any Office on terms which preclude the grant of Pension, Gratuity or other retirement benefits with respect to that Officс. The Managing Director in the discharge of 79 Management 43. Committeс Funds anP 44. Resources of thc Corporation his functions shall be assisted by a Management Committee which comprise thc: shall (a) Managing Director, as Chairman; (b) Executive Director Technical Services; (c) Exccutive Director Development; (d) Business (2) Executive Director Finance Administration; (e) Head of Audit Unit; and (f) Secretary and Legal Secretary. and Adviser as The Management Committee shall be responsible for making recommendations to the Board in respect of the Appointment, Promotion and Discipline of Senior Officers of the Corporation and any matter that may be referred to it by the Board or Managing Director. FINANCIAL PROVISIONS (1) The Funds and Resources of the Corporation shall consist of: (a) all Sums, Investments or other property vested in the Corporation by virtue of the provisions of this Law; 80 (b) such sums or other advances by way of Loans or Grants to the Corporation by the Government; (c) such sums or other property as may from time to time be advanced by way of Loans or Grants to the Corporation by any Government or Statutory Body in the State or any Agency or Institution of any such Government, any Development Partner and Private Foundation or any person whatsoever; (d) any investments or other property whatsoever acquired by the Corporation; (c) monies earned or arising from any investments or other property acquired by or vested in the Corporation; () all other surms whether as Water Rates, Water Service Charges or other property whatsoever which may in any manner become payable to or vested in the Corporation in respect of its powers and duties or of any other incidental matter under this Law or by virtue of the provisions of this Law; (g) any money allocated to the Corporation under thethe State Government's Budgetary Allocation; and (h) such other money as may from time to 81 Bank Accounts 45. (1) Application of 46. (2) (2) time accrue to the Corporation. The Corporation shall ensure that its Funds and Resources are adequate to meet the Operating Expenses, Depreciation Charges, Debt Servicing requirements and such percentage of its Annual Capital Expenditure requirements as may be determined by the Governor and any shortfall may be provided as a Loan by the State Government to the Corporation upon such terms as the Governor may determine to ensure that the Corporation continues to provide Water Supply and Sewerage Management Services too the Consumers. The Corporation shall operate such number of Accounts with reputable Banks approved by the Board and all monies of the Corporation shall be paid into any such Accounts. No Charge or other instruments for withdrawal of moncy from any such Accounts operated under sub-section (1) of this Section shall be made unless it is signed by the Managing Director and Executive Director Finance and Administration with the Executive Director Business Development serving as an alternate signatory to the Executive Director Finance and Administration. The following charges shall be defrayed 82 the Fund of the Согроration (b) sa obttna ad DITRCSOL out of the Revenue of the Corporation for any Financial Year, namely: (a) the Remuneration and Allowances of the members of the Governing Body and those of any Committees of the Board; the Salaries, Remuneration, Fees, Allowances, Pensions and Gratuitics of the Staff, Agents, Technical and other Advisers or Consultants of the Corporation; (c) all expenses for working and management of the Corporation and its Waterworks and other properties including proper provision for depreciation, wear and tear or renewal of Assets: (d) such works of a capital nature as the Corporation may deem necessary from time to time; (e) such sums ineluding Compensation that may be payable by the Corporation to any person or Authority by virtue of the provisions boff of this Law or any other Enactment: (f) Taxes, Rates and other Levies payable by the Corporation under this Law; (g) 83 Interest or Loans raised by and on behalf of the Corporation; boan ad General Reserve Fund 47. 1 bonve (h) suns required to be transferred to any Sinking Fund or otherwise set aside for the purpose of making provision for the redemption of or other Securities or the repayment of other Loans; and (i) such other sums as the Board may approve for payment out of the Revenue Account of the Corporation in respect of any Financial Year: Provided that the Income and Property of the Corporation shall not be rated for Taxation under the relevant Laws of the State. Without prejudice of the provisions to the Fiscal Responsibility Law, the Corporation shall establish and maintain a General Reserve Fund in a separate Account into which shall be paid the following: (a) not more than 5 % of the Revenue of the Corporation as may be determined by the Board for any Financial Year; (b) balance of the Revenue of the Corporation for any Financial Ycar: (c) operating Profits as may accrue to the Corporation in any Financial Year: 84 (d) such money as the Governor may from time to time direet from any sources. (2) The General Reserve Funds shall be used for: (a) the actualization of the plans of the Corporation with respect to the provision of Water Services delivery as contained in any approved Water Services Development Plan; (b) emergeney and urgent needs of the Corporation relating to the rendering of urgent and essential services as the Board may from time to time authorize subject to the approval of the Governor: (c) making good the loss or deficiency which may occur in any of the transactions of the Corporation: Provided that where the Fund is used to meet State or National Water related emergencies, the Government shal1 make arrangements to replace such amount upon application by the Corporation. The State Government may give to the Corporation the following: (a) Grants of any sums of money or property deemed necessary; and Loans and grants 48. (1) 85 Annual estimates 49. and accounts Annual Reports 50. (b) Loans upon such terms as to repayment, with interest or otherwise as the Government may determine. (2) The Government may, if it deems it expedient to do so, waive in favour of the Corporation any Right or Liability to the Government in respect of any property vested in the Corporation by virtue of the provisions of this Law. (1) The Corporation shall, not later than 30th September of each year, submit for the approval of the Government an estimate of its Expenditure and Income including payments for the Corporation's fund for the next succeeding year. (2) The Corporation shall keep proper accounts to conform with Standard Accounting Practice, in respeet to cach ycar and proper records in relation to those Accounts and shall cause its Accounts to be audited within Six Months after the end of cach ycar by Auditors appointed from the list and in accordance with Guidelines supplied by the Auditor-General. The Corporation shall prepare and submit to the Governor not later than Six Months after the end of each year, a Report in such Form as the Commissioner may direct on the activities of the Corporation during the immediately preceding ycar, and shall include in such Report a copy of the audited accounts of the Corporation for that 86 Internal Audit 51. (1 (2) (3) Ts od п(4) t ort bofnlobhs Destlsbue d (5) lfe Sonibsou ycar and the Auditors' Report on the Accounts. The Corporation shall have an Internal Auditor who shall be appointed by the Board under such terms and conditions as may be specified in his Letter of Appointment. Subjeet to the provision of this Law, the Internal Auditor shall be responsible to the Board for the performance of his function. As part of its funetion under this Law. the Internal Auditor shall at intervals of Three (3) Months prepare a Report on the Internal Audit Work carried out by him during the period immediately preceding the preparation of the Report and submit to the Board for deliberation. The Internal Auditor's Report shall cover the financial transactions of the Corporation. Without prejudice to the general effect of sub-section (3) of this Section, the Internal Auditor shall make in each Report such observations as appear to him necessary as to the conduct of the financial affairs of the Corporation during the period to which the Report relates. 87 ni ic TOAL זכוג ept to levetbha a 52. (1) Power to ассерt Gifts (2) Power to Borrow 53. (1) enoitsgildo zti boog guilnto 10 12поiвunmoC vd bST bra олисvasl lbotnbtioeтC od srit ot sueidua dnrоD Power to Borrow 54 The Board shall transmit such Report with its comments to the supervising Ministry who shall forward same to the Governor. The Corporation may accept Gifts of Land, Money or other property on such terms and conditions, if any, as may be specified by the person or Organization making the Gift. The Corporation shall not accept Gifts if the conditions attached by the person or Organization offering the Gifts are inconsistent with the functions of thc Corporation or against the interest of the State. Drn The Corporation may with the consent of the Governor borrow whether by way of Mortgage or otherwise on such terms and conditions as the Board may determine, any such sum of money as may be required in the exccution of the function conferred on the Corporation under this Law (2) An approval given for the purpose of this action may be either general or limited to a particular borrowing and any specified conditions. The Corporation may subject to the provisions of this Law and the conditions of any Trust 88 Power to raise 55. Capital on the Stock Exchange created in respect of any property, invest all or any of its funds in any Sccurity prescribed by the Investments and Sccuritics Act or in such other Securities as may from time to time be approved by the Governor. The Corporation may with the approval of the Governor raise Capital for the implementation of its developmental plans and programmes through the Capital Market or by issuing Bonds or other Instruments and by satisfying all the necessary requirements of the Stock Exchange in that regard subject to the approval of the Governor. Guarantee of 56. (1) Loans or other Investments Famor done no SEIW (2) eidt bend toатото Bad Debts 57. Proof of Monics Duc 58. Subjcct to the provisions of any Law, the State Government may guarantee by an undertaking the payment of the Principal and Interest of any sum or sums borrowed or Bonds issucd by the Corporation. Any sums required by the Corporation for the purpose of making good its obligations shall be charged by the Commissioner of Finance on the Consolidated Revenue Fund of the State Government, subject to the provisions of the Fiscal Responsibility Law. The Corporation may, subject to approval by the Governor write off Bad Debts of the Corporation. In any action for the recovery of any rate or other monies (other than Fines and Penalties) 89 Responsibility of the Corporation to Consumers 59. payable or recoverable under and by virtuc of the provisions of this Law, a Certificate under the hand of the Corporation in that behalf, that any sum of money is due, and that the Defendant is the person liable to pay the same, shall be evidence of such Debt and of non- payment thereof, and of the fact that the Defendant is the person liable to pay the same. (1) The Corporation shall as far as possible ensure affordable, economical and sustainable access to Water Services to all Consumers within its area of operation subject to thc: (a) availability of resources: (b) need for an equitable allocation of resources to all Consumers within thc Corporation's area of operation; (c) need to monitor and ensure access to water services in an cquitable manner; Toe it2 10 -dua to eoranesirot sio (d) duty to Consumers to pay approved Tariff, which must be in accordance with the State Tariff Policy and Regulations issued by the Commission; 16omt to hcoda sil (c) duty to conserve Water Resources; (f) nature, topography, zoning and situation of the area in question; 90 H (g) right of the Corporation to limit or discontinue the provision of water services if there is a failure to comply with reasonable conditions set for the provision of such services. D(h) need to carry out inspections, test or repairs and for the making of new connections; and (2) Dorvy dsirt (3) (i) need to effect alterations and modificatioons to its Pipelines and other facilities or general maintenance of water subjeet to notice as may be determined by the Regulatory Commission. The Corporation shall not be under any obligation to pay Compensation or Damages for loss, damages or inconveniences caused to any Consumer through any suspension, failure, discontinuance of a total or partial interruption of the supply of watcr howsocver caused in furtherance of sub- section (1) of this Section except in the case of negligence on the part of any Employee or Agent of the Corporation. The Corporation shall take reasonable steps to notify thc Public ahead of time of any proposed interruption in the provision of water services subject to any Regulations by the Commission with respect to same. 91 Rates and Scale 60. (1) The Corporation shall from time to timc of Charges Esraar 1 adr CLtiel c2t 2 IOM tloG tsiv orс propose Rates and Scales of Charges payable for water supply and other services within its area of operation in accordance with a methodology for Tariff Setting approved by the Commission which allows for the fixing of Economic Rates for Water Supply and Sewage Services in order to meet its financial objectives and in accordance with the provisions of this Law. (2) The Water Rates and Charges may differ for different Rates, Locations and Users based on economic situation as shall be approved by the Commission. (3) BirRuP HI GDW DекdотATS bosiudct op Rode vinoit va boilegu2 YOTEw toirl Water Supply (4) 61.1 In proposing the Rates and Charges for Water Supply, Sewage and other services, the Corporation shall consult with the Consumers to whom such Rates shall be applied to determine their wil'ingness to pay for specified service levels an1 servicе delivery methodology as well as Tariff Impact Assessment for planning purposes. Subject to sub-section (1) of this Section, the Corporation may propose a review of the Tariff annually to reflect Inflation, changes in cost of inputs and other social considerations. Subject to the provisions this Law and any Rules or Regulations made thereunder, the 92 ITOIDR rlt vd b Purchase, Resalc and Distribution of Water Prohibition of Sale of Water Supplied 62. 63. (2) Corporation may supply water to any tenement upon Application made by the owner or occupier thereof and such application shall be accompanied with payment of Fees or Rates as the Corporation may from time to time determine. The Corporation may refuse to supply water to any particular premises otherwise than by a Meter or Device installed and maintained by the Corporation: Provided that the Corporation shall1 not disconnect any user or fail to connect a potential Consumer for the failure of the Corporation to provide such Meter in accordance with service Regulations issued by the Commission. Subject to the provisions of this Law, the Corporation may purchase water in bulk and may resell such water either in bulk or by distribution to individual Consumers. As from the commencement of this Law, it shall be unlawful for any person to resell water supplied by the Corporation except pursuant to a License or other Agreement with the Corporation for the purpose: Provided that no Authority shall be required for the sale of any manufactured goods or other commodities in which water supplicd by the Corporation is included. 93 Paymcnt for Water Rates and ChargesA 64. T(1) Corporation not responsible for Installation 65. The owner or occupier of any tenement to which water is supplied by the Corporation shall pay to the Corporation such Rates and Charges for water supply or other services as may from time to time be determined and approved by the Commission. (2) Where any person fails to pay Water Rates or Charges within one Month afiler it has become due, the Corporation may recover such Rates or Charges with cost by an Application brought before a Court of competent jurisdiction. Works or forme ord damage The Corporation shall not by virtue of making any inspection or test of a Consumer's Pipes, Fittings, Appliances and Apparatus in accordance with the provisions of this Law, or any Regulations made there-under, whether during the progress of the work of installation at the Consumer's premises or after its completion, be responsible for the efticiency or safety of the Consumer’s Pipes, Fittings, Appliances and Apparatus so inspected or tested or arising out of the use or misuse of apparatus by the Consumer or any other person other than an Employee of the Corporation. Entitlement to supply of water without preferential 66. Except in so far as is otherwise provided by this Law, where a supply of water is provided by the Corporation in any part of an area for private purposes, every person 94 treatments to taibacra GOото ort Hude VIeoue Totew Tol Soul sdtt bovomgt frer 67. (2) Merde acltESA sidienoqOT CR 1972 do within that part of the area shall, upon application to the Corporation, be entitled to a supply on terms and conditions as the Corporation may deem fit: Provided that in the case of a first-time conncction adequate water can be made available without detriment to existing supplies to persons or Institutions in the area. If any person or any MDA, or other Authority does anything, which such Person, MDA or Authority is by or under any Law authorized 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 Corporation, the Corporation shall on reasonable notice being given to it by such person,-,- MDA or Authority make such alteration and the expenses incurred thereby shall be borme by such Person, MDA or Authority. eoemр b om (2) In the event of any dispute as to the amount ors 3O uo geiss to bof such expenses, the same may be referred to by the person or MDA for Arbitration. доiнто68. (1) The Corporation shall keep, modify and update annually printed and eleetronic records of the location of: et to gan(a) all Resource Mains, Water Mains or Discharge Pipes vested inthe OTA EL Corporation; and GLOTGLGRUS eatorsdon t eo ba ot vd bsorb Gtwasdloe 95e DSITO (2) (3) (b) any other underground works, other than a Service Pipc, which are for the time being vested in the Corporation. Any modification of the records by the Corporation made pursuant to sub- section (1) of this Section, shall be made as soon as possible and the date of such modification and completion of the work resulting in the modification shall be incorporated into the records. It shall be the duty of the Corporation to ensure that the contents of any records for the time being kept by it under this Section are available, at all reasonable times, for inspection by the public free of charge at an Office of the Corporation upon prior application in writing to the Corporation: Provided that where copies of such information are required, the Corporation may charge a reasonable Fee for the provision of such copies thereof. (4) Any information which is required under this Section to be made available by thc Corporation for inspection by the Public shall be so made available in the form of a Map. PART V 96 PLATEAU STATE MUNICIPAL WATER SUPPLY AND SANITATION AGENCY (PLAMWASSA) Establishnent of 69. the Agency (1) There is established the Platcau State Municipal Water Supply and Sanitation Agency (in this Law referred to as the “Agency"). (2) The Agency shall: (a) be a Body Corporate with perpetual succession and a Common Seal; (b) have power to sue and be sued in its corporate name; (c) have power to enter into Contracts (3) (4) or Partnership with any person (whether corporate or unincorporated which in its opinion will facilitate the discharge of the functions conferred on it by this Law; and (d) be capable of holding, purchasing, acquiring and disposing of property, moveable and immovable in conjunction with the Board of Survey. The area of operation of the Agency shall include all settlements with a population of over 5,000 outside the Greater Jos Master Plan also referred to as the Municipal Areas in this Law. All existing State-owned Water anP Sewage Management Infrastructures in the municipal areas in Plateau State 97 Establishment and Composition of the Governing Board 70. (1) other than those within the Greater Jos Master Plan, are hereby vested in the Agency. aThere is established for the Agency Governing Board (hereinafter referred to as the "Board") which shall comprise Of the: a) Chairman who shall serve on part time basis: b) Permanent Secretary in charge of the Ministry responsible for. Water Resources anagement;- c) Perınanent Secretary, Ministry responsible for Local Government and Chieftaincy Affairs; d) Permanent Secretary Ministry of Justice; e) Permanent Secretary in charge of the Ministry responsible for Finance; f) General Manager of the Agency; g) a representative of the Civil Societies h) Organization (CSO) active in the Water Sector; -oJ the Water a representative Consumers Association (WCA) established under Section 111 of this Law; and i). Secretary and Legal Adviser as the Secretary: Provided that at least one of the members shall be a Woman. (2) The Chairman and members of the Board shall be appointed by the Governor, upon recommendation of the Commissioner. (3) The Board shall meet once every quarter 98 Remuneration of Members of the Board Tenure of Office of Members 71. (4) and at such times that the Chairman may determinc. The provisions contained in the Sehedule to this Law shall have effect with respect to the proceedings of the Board and other matters mentioned therein. There shall be paid to the members of the Board such remuneration and other benefits as the Governor may from time to time determine subject to State Policy on same. (1) (2) The Chairman and other members shall hold office for a term of Four (4) years and shall be eligible for re-appointment for one term of Four (4) years and no morс. The appointment shall be upon such terms and conditions as may bc stipulated in their Letters of Appointment. (3) All members of the Board of the Agency except the General Manager and the Secretary, shall be appointed to serve as part-time members. (4) At the expiration of tenure of a Board, the following shall perform the functions of the Board pending the constitution of a new Board within Six (6) months, the: i. Permanent Secretary in charge of Water Resources and Energy as acting Chairman; ii. Permanent Secretary Local Government and Chieftaincy Affairs: 99 Tenure of Officе 72. of Members Duties Board of the 73. iv. Secretary of the Agency. iii. General Manager of the Agency; and (1) The Chairman and other members shall hold shall be eligible for re-appointment for one te (2) The appointment shall be upon such terms their Letters of Appointment. : (3) All members of the Board of the Agency Secretary, shall be appointed to serve as part (4) At the expiration of tenure of a Board, the fo the Board pending the constitution of a new v. Permanent Seeretary in charge of V Chairman; vi. Permanent Secretary Local Governm vii. viii. General Manager of the Ageney; and Secretary of the Agency. The specific duties of the Board shal1 include, but not limited to the following: (a) making strategic decisions on the activities and mandate of the Agencу; (b) reviewing and approving the Agency’s Business Plans, Budget and Performance; (c) approving plans and procedures for the engagement of Private Sector Partners in collaboration with the State Water Resources and Sanitation Regulatory Commission; (d) ensuring that the activities of the 100 Quorum 74. (2) Vacation Office of 75. (1) Agency meets the Standards set by the Regulatory Commission; (e) approving and monitoring the implementation of the Agency's Water Services and Sanitation Development Plan; (f) propose a Tariff Methodology in furtherance of the State's Water and Sanitation Tariff Policy for the approval of the Commission; (g) any other business which may be considered necessary by the Board in pursuance of the Agency's function as provided in this Law. The quorum for a meeting of the Board of the Agency shall be two-thirds (2/3) majority of members. The Chairman shall preside at meetings of the Board and in his absence, the members present at the meeting shall eleet one of their members present to preside. Notwithstanding the provisions of Section 70 of this Law, a member shall vacate Office and the Office shall become vacant: (a) one month after the date upon which he gives notice in writing to the Governor of his intension to resign; (b) on the date he begins to serve a sentence of Imprisonment imposed without the option of a Fine: (i) in Nigeria, in respect of a crime involving dishonesty or fraud; or (ii)outside Nigeria, in respect of an 101 LIGET O Objectives 76. (c) if he; Offence involving financial impropricty or any conduct which if, committed in Nigeria, would constitute an Offence: (i). attends fewer than 75% of the Agency’s Board meetings in any one-year period without sufficient reasons; (ii). who havein the case of members professional qualifications, is barred or suspended from practice by his professional body; (iii). becomes bankrupt; (iv). becomes of unsound mind or incapable of carrying out his duties; or (v). is guilty of a serious misconduct with relation to his dutics as a member of thc Board of the Agency. (2) A member of the Board of the Agency may only be removed on the dissolution of the Board. The objectives of the Agency shall be to: (a) provide safe, adequate and affordable water supply services to the residents of all Municipal Areas in the State; (b) provide water related sanitation facilities and other services and promote Community -led total Sanitation in Municipal Arcas in 102 Functions of thc 77. Ageney (c) (d) (e) accordanee with this Law; collaborate with the Ministry responsible for Water Resources to ensure efficient usс, conservation and protection of Water Resources including the preparation of Development Plans for input into the State Water, Sanitation and Hygiene (WASH) Sector Development Plans; implement cost recovery and commercial orientation in servicс provision and maintain Customer focus for service sustainability and efficiency; and implement Capital Investment Plans for the purpose of expanding access to Water and Sanitation Services for the citizens in the areas served within the shortest possible time. The functions of the Agency shall be to: (a) control, operate and maintain all Water and Sanitation Facilities vested in the Agency; (b) undertake Planning, Design, Construction and Maintenance of Municipal Water Supply Facilities including Motorized and Solar powered Borehole-based Schemes; ee Du o SL (c) establish, control, manage, extend and develop water facilities as the Agency may consider necessary for the purpose of providing 103 doio sisir (P) istin (e) od (f (9) (h) (i) bcac 104 wholesome potable water for the consumption of the public and for Domestic, Trade, Commercial, Industrial, Scientific and other uses; undertake Public Enlightenment, Training and Mobilization for Community participation in all its programmes; ensure that adequate and wholcsome water is supplicd to Consumers regularly and at such Charges as the Commission may, from time to time, approve; conduct or organize the conduct of Rescarch in respect of Water Supply, Sanitation and matters connected with and submit the results of such Research to the Ministry for the formulation of Policy: coordinate activities in its Administration and Finance, as well as make Intergovernmental and Non-governmental linkages subjeet to the overriding coordination, responsibility of the Ministry; undertake the Agency's Programme Planning, monitoring of on-going and completed projects as well as the collection and storage for casy retrieval of all Data, Records and Statistics on its operation; assist the Communities within the Municipal Areas to form Water Consumers Associations (WCA) G) ot oilone 21 TOw (k) dune vhabр rlt tinihne haz Hw botas (m) HawRE Dr Powers of the Agency T swOIRL 78. (1) (n) and provide technical and other advisory services for same; where deemed appropriate, transfer ownership of any Water Scheme to benefitting Communities through appropriate Water Consumers Associations (WCA) by means of а Transfer Agreement stating the conditions of such Transfer; propose its Rates and present it to the Commission for approval after consultation with the Water Consumer Association (WCA); collaborate closely with all Local Government WASH Departments on all activities; plan, design, construct and operatc all State owned Municipal Sanitation Infrastructure; promote Sanitation and Hygiene Practices; and monitor and prevent activities that may pollute the Water Resources of the State The Agency shall, subject to the provisions of this Law, have power for the purpose of carrying out its functions to: (a) own all State-owned Municipal Water Supply and Sanitation Infrastructure and Assets and to construct new ones as deemed necessary; (b) fix Rates and Charges payable by Consumers for water supply and 105 52iwodit oT 3 aon d atota oito Auoug sd dtiw sennlsae ne tadod er コンロ ACEPREFTog inன் ஒன்பதா ucuniuecc bae tоb other services provided by the Agency, subject to approval of the Commission; (c) prepare Water and Sanitation Development Plans for Municipal (d) Area Water Sector; acquire, purchase, lease, hold, construct, manufacture, maintain or insure any property forming part of the Assets required for or in connection with the performance of its functions and Sell, Lease, Concede, Dispose of or otherwise deal with such property or any part thercof, subject to the approval of the Governor, in instances of Sale: (e) undertake any Land acquisition procedure necessary for the performance of its functions in accordance with all valid Legislations; (f (g) enter into any Agreement with any person for the performance of any of its statutory functions under this Law; protect, maintain and improve al1 existing natural water courses in consultation with relevant Authorities; (h) carry any Water Pipe through, across or under any Street or any place laid sid r out or intended as a Strect and after gie giving reasonable notice in writing to bevnT the owner or occupier thereof, and making good any damage done; (i) abstract water from any Lake, River, 106 Stream or other natural source forming part of the Water Resources of the State and to do likewise in respect of other waters by arranging Iaqioirоt аST abagot with the appropriate Authority under and in accordance with the provisions of any existing Law in that behalf and may assign such rights to Private Operators pursuant to a Public Privatc Partnership Agreement; 1 oortuen G) eEE Deno D ntamotsibs ortt t nesd e SLA 1oS e DTBU To yas 30 sовенoitab He эмснb пиезиiam ZGHy80l ent в 0 355118 TOSTD112c ens box N nirw oton sldeno examine from time to time any surface or underground water forming part of the Water Resources of the State for the purpose of determining that pollution, if any, exists and its causes and to do likewise in respeet of other water by organizing with the appropriate Authority under and in accordance with the provisions of any existing Law in that behalf; (k) construct Stand Pipes or Public Fountains in any Street or Public place; (1) enter into Agreement with any person for the supply, construction, manufacture, maintenance or repair of any property which is necessary or appropriate for the purpose of the Agency; and (m) do anything for the purpose of advancing the skills of persons employed by the Agency or the efficiency of the cquipment of the Agency or the manner in which the 107 bnc 2 Responsibilities theno Governor may perform or delegate Structure of the Agency 79. (2) b:(3) 1sr 80. toit The cquipment is operated including the provision of facilities for Training, Education and Research. Agency shall have power for the purpose of carrying out its functions to do all such acts as appear to it to be requisite, advantageous, or convenient and may carry on any activities in that behalf cither alone or in association with any other person or body. The Governor may by Order confer on the Ageney such other additional functions as he may think fit, either: (a) of a kind similar to the funetions specified in sub-section (1) of this Section; or (b) which, in the opinion of the Governor, can be conveniently exercised by the Agency in association with the functions already specified above. In the absence of a Board of the Agency and until such time that the Board is constituted pursuant to this Law, the Governo or any person to whom he has delegated the responsibility of the Agency, shall execute any Document, exercise or perform any of the Agency’s powers or functions excluding to make Regulations, provided that such period shall not exceed Six (6) Months. (1) The Agency shall consist of the following Departments: (a) Publicity and Protocol; (b) Audit; and (c) Legal. 108 (2) The Agency shall establish the following Units: (3) (a) Publicity and Protocol; (b) Audit; and (c) Legal. The Agency may, subject to the approval of the Board, establish such number of Departments and Units for the effective performance of its functions under this Law. Business Units of the Agency 81 (1) The Agency may designate such areas of operation outside the Head Office which shall be known as Business Units. (2) A Business Unit shall perform such functions of the Agency as the Board and Agency shall determine. 'The General Manager 82. (1) (2) There shall be appointed a General Manager (referred to in this Law as The GM”) by the Governor on the reconmendation of the Board. The GM shall: (3) (a) be the Chief Exccutive and Chief Accounting Officer of the Agency; (b) be responsible for the implementation of the decisions and policies of the Board as well as the general administration of the Agency; and (c) perform such other duties as the Board may from time to time direct. The GM shall be: (a) appointed from Applicants seleeted through a competitive and transparent recruitment process 109 Assistant- General Managers 83. (1) carried out by the Board either by themselves or through a certified competent Consultant in respeet of an Advisement for such Vacancy; (b) a person with a Professional Qualification in Water, Civil or Sanitary Engineering or Public Health with sound relevant experience of not less than Fifteen (15) ycars; and si (c) appointed pursuant to a Performance-Based Employment Contract for a term of Five (5) years on a full-time basis which may be renewable for another ALOFSL period of Five (5) years and no more, upon consideration of the improved financial, management, operational and other relevant indicators as contained in such Contract. The Governor shall on the recommendation of the Commissioner appoint Assistant-General Managers (referred to in this Law as “AGM") for the following Departments: (a) Finance and Administration; (b) Operations; and (c) Technical Services. r t (2) The recommendation of the Commissioner shall be based on the following SALded as emoa qualifications: (a) Assistant-General Manager, Finance and Administration shall possess at least a First Degree in Accounting, 110 Law, Humanities, Business or Public Administration with relevant cognate experience: Li noth to sovisemo ано р к (b) Assistant-General Manager, Operations shall possess at least a 101sosscйНан first Degree in Engineering, Business Sildo1 40ров Administration or Natural Sciences with relevant cognate experience; and Secretary/Legal Adviser (c) Assistant-General Manager, Technical Services shall possess a1 first degree in Engineering or Public Health with relevant cognate experience. There shall be appointed by the Board a Secretary and Legal Adviser for the Functions of the Secretary / Legal Adviser 84. (1) (2) Agenсу. The Secretary/Legal Adviser shall be: (i) appointed on such terms and conditions as may be containcd in the Letter of Appointment; and (ii) a Legal practitioner witha minimum of Ten (10) years post call experience and shall be thc 85. Head of Legal Unit The Secretary / Legal Adviser shall perform the following functions: (a) organize and take minutes of meetings of the Board of the Agency and at the Senior Management meetings; (b) be the custodian of records of the Agency and conduct correspondences on behalf of the Agency; 111 Staff of thc Agency 86. (1) (c) arrange for payment of Fees and Allowances of meetings and all other matters affecting members of the Board of the Agency; (d) perform all duties as the Board or the Management of the Agency may from time to time direct; (e) communicate Policy decisions of the Board to affeeted Departments; (D render necessary advice in compliance with Laws, Rules and Regulations affecting the Agency; (g) establish and maintain the Register and Minutes Books of the Board of the Agency; (h) keep custody of Copies of Assets, Register, Financial and Annual Reports of the Agency; (i) prepare, vet and review all Contracts; and G represent the Agency in Court matters to which it is a Party. The Agency shall have power: (a) to appoint directly or from any Public Service of the Federation any number of Staff and other Employees as it may from time to time deem necessary to assist the Agency in the discharge of its functions under this Law: (b) conduet promotion exercises; and 112 (2) (3) (c) undertake disciplinary measures. The Conditions of Service of members of Staff shall be as may be determined by the Board and in accordance with prevailing Terms and Conditions of Service for Public Service. The Conditions of Service shall include: (a) conditions for Appointment, Promotion and Disciplinc Employees of the Agency; of (b) procedures for Appeals by Employees against any disciplinary measures regarding their employment: Provided that until such Conditions of Service are made, any Instrument relating to Conditions of Service in the Public Service of the State shall be applicable with such modifications as may be necessary to the Employees of the Agency. (4) A person appointed from any of the Public Service in the Federation may transfer his Service to the Agency. (5) The Board shall approve Appointments, Promotions and Disciplinary Measures deliberated upon pursuant to the provisions of sub-section (1) of this Section. 113 Pension Rights 87. (1) Management Committee 88. )9) (2) The Agency, subject to the approval of the Board, may determine the Salaries, Emoluments and other benefits of Employees of the Agency. Service in the Agency shall be approved service under the provisions of the State Pension Law and accordingly, Staff and Employees of the Ageney shall be entitled to Pensions, Gratuities and other retirement benefits as prescribed under the Pension Law of the State; Without prejudice to the provisions of sub- section (1) of this Section, nothing in this Law shall prevent the appointment of any person to any Office on terms which preclude the Grant of Pension, Gratuity or other retirement benefits with respect to that Officс. The General Manager in the discharge of his functions shall be assisted by a Management Committee which shall comprise: (a) General Manager as Chairman; (b) Assistant-General Manager, Technical Services; (c) Assistant-General Manager, Operations; (d) Assistant-General Manager, Finance and Administration; 114 (e) Head of Audit Units; and Le (f) Secretary and Legal Adviser as Secretary. Ihede vono (2) Funds and 89. Resources of the Agency (1) The Management Committee shall be responsible for making recommendations to the Board in respect of the Appointment, Promotion and Discipline of Senior Officers of the Agency and any matter that may be referred to it by the Board or General Manager. The Funds and Resources of the Agency shall consist of: (a) all sums, investments or other property vested in the Agency by virtue of the provisions of this Law: (b) such sums or other advances by way of Loans or Grants to the Agency by the Government; (c) such sums or other property as may from time to time be advaneed by way of Loans or Grants to the Agency by any Government or Statutory Body in the State or any Agency or Institution of any such Government, any Development Partner and Private Foundation or any person whatsoever; (d) any investments or other property 115 E (2) whatsoever acquired by the Agencу; (c) monies earned or arising from any investments or other property acquired by or vested in the Ageny; (f all other surns (whether as Water Rates, Water Service Charges) or other property whatsoever which may in any manner become payable to or vested in the Agency in respeet of its powers and duties or of any other incidental matter under this Law or by virtue of the provisions of this Law; (g) any money allocated to the Agency under the State Government's budgetary allocation; and (h) such other money as may from time to time acerue to the Agency The Agency shall ensure that its Funds and Resources are adequate to meet the Operating Expenses, Depreciation Charges, Debt Servicing Requirements and such percentage of its Annual Capital Expenditure requirements as may be determined by the Governor and any shortfall may be provided as a Loan by the State Government to the Agency upon such terms as the Governor may determine to ensure that the Agency continues to provide Water Supply and 116 Bank Accounts 90. (1) Application of the Funds of the Agency 91. (2) Sewerage Management Services to the Consumers. The Agency shall operate such number of Accounts with reputable Banks approved by the Board and all monies of the Agency shall be paid into any such Accounts. forNo Charge or other Instruments withdrawal of money from any such Accounts operated under sub-section (1) of this Section shall be made unless it is signed by the General Manager and Assistant-General Manager, Finance and Administration with the Assistant- General Manager Technical Services serving as an alternate signatory to thc Assistant-General Manager Finance and Administration. The following Charges shall be defrayed out of the Revenue of the Agency for any Financial Year, namely: (a) the Remuneration and Allowances of the Members of the Governing Board and those of any Committees of the Board; (b) the Salaries, Remuneration, Fees, Allowances, Pensions and Gratuities of the Staff, Agents, Technical and other Advisers or Consultants of the Agency (c) all expenses for working and 117 management of the Agency and its Waterworks and other properties including proper provision for depreciation, wear and tear or renewal of Assets: (d) such works of a capital nature as the Agency may deem necessary from time to time; (e) such sums including Compensation that may be payable by the Agency to any person or Authority by virtue of the provisions of this Law or any other Enactment; (f) Tаxes, Rates and other Levies payable by the Agency under this Law: (g) Interest or Loans raised by and on behalf of the Agency; (h) sums required to be transferred to any Sinking Fund or otherwise set aside for the purpose of making provision for the redemption of other Securities or the repayment of other Loans; and (i) such other sums as the Board may approve for payment out of the Revenuc Account of the Agency in respect of any Financial Year: Provided that the income and property of the Agency shall not be rated for Taxation 118 General Reserve 92. (1) Fund (2) under the relevant Laws of the State. Without prejudice to the provisions of the Fiscal Responsibility Law. the Agency shall establish and maintain a General Reserve Fund in separate Account into which shall be paid the following: (a) not more than 5% of the Revenue of the Agency as may be determined by the Board for any Financial Year; (b) balance of the Revenue of the Agency for any Financial Year: (c) operating profits as may accrue to the Agency in any Financial Year; (d) such moncy as the Governor may from time to time direct from any sources. The General Reserve Funds shall be used for: (a) the actualization of the plans of the Agency with respect to the provision of Water Services Delivery as contained in any approved Water Services Development Plan; (b) emergency and urgent needs of the Agency relating to the rendering of 119 dosabSTGH Loans and Grants 93. tensestr an enoiribnoo bas urgent and essential services as the Board may from time to time authorize, subject to the approval of the Governor; (c) making good the loss or deficiency which may occur in any, of the transactions of the Agency: Provided that where the Fund is used to meet State or National water related emergencies, the Government shall make arrangements tо replace such amount upon application by the Agency. (1) (2) The State Government may give to the Agency the following: (a) Grants of any sums of money or property deemed necessary; and (b) Loans upon such terms as to repayment, with interest or otherwise as the Government may determine. The Government may, if it deems it expedient so to do, waive in favour of the Agency any right or liability to the Government in respect of any property vested in the Agency- by virtue of the provisions of this Law. Annual DE 94. (1) The Agency shall, not later than 30th Estimates September of each year, submnit for the 120 and Accounts (2) (3) (2) approval of the Government an estimate of its Expenditure and Income including payments for the Agency's Fund for the next succeeding year. The Agency shall keep proper accounts to conform with standard accounting practice, in respect to each year and proper records in relation to those Accounts and shall cause its accounts to be audited within Six (6) Months after the end of cach year by Auditors appointed from the List and in accordance with Guidelines supplied by the Auditor-General. The Agency shall prepare and submit to the Governor not later than Six (6) Months 'after the end of each year, a Report in such Form as the Commissioner may direct on the activities of the Agency during the immediately preceding ycar and, shall include in such Report a Copy of the audited Accounts of the Agency for that year and the Auditors' Report on the Accоunts. The Agency shall have an Internal Auditor who shall be appointed by the Board under such terms and conditions as may be specified in his Letter of Appointment. Subject to the provision of this Law, the Internal Auditor shall be responsible to the Board for the performance of his function. 121 Internal Audit 95. (1) (3) As part of its function under this Law, the Internal Auditor shall at intervals of Three (3) Months prepare a Report on the Internal Audit Work carried out by him during the period immediately preceding the preparation of the Report and submit the Report to the Board for deliberation. (4) The Internal Auditor's Report shall cover the Financial Transactions of the Agency. (5) (6) (2) Without prejudice to the general effect of sub-section (3) of this Section, thc Internal Auditor shall make in each Report such observations as appear to him necessary as to the conduct of the financial affairs of the Agency during the period to which the Report relates. The Board shall transmit such Report with its comments to the supervising Ministry who shall forward same to the Governor. The Agency may accept gifts of Land, Money or other property on such terms and conditions, if any, as may be specified by the person or organization making the gift. The Agency shall not accept gifts if the conditions attached by the person or organization offering the gifts are inconsistent with the functions of the 122 Power to accept Gifts 96. (1) Power to Borrow 97. (1) Power to Invest 98. Power to raise 99. Capital on the Stock exchange (2) Agency or against the interest of thc State. The Agency may with the consent of the Governor borrow whether by way of Mortgage or otherwise on such terms and conditions as the Board may determine, any such sum of Money as may be required in the execution of the functions conferred on the Agency under this Láw. An approval given for the purpose of this action may be either general or limited to a particular borrowing and any specified conditions. The Agency may, subject to the provisions of this Law and the conditions of any Trust created in respect of any Property, invest all or any of its Funds in any Security prescribcd by the Investments and Securities Act or in such other Securities as may from time to time be approved by the Governor. The Agency may, with the approval of the Governor raise capital for the implementation of its developmental plans and programmes through the Capital Market or by issuing Bonds or other Instruments and by satisfying all the necessary requirements of the Stock Exchange in that regard subject to the approval of the Governor. 123 Guarantee of Loans and other Investments 100. (1) Bad Debts 101. Proof of Monies Due 102. (2) Subjeet to the provisions of any Law, the State Government may guarantee by an undertaking the payment of the Principal and Interest of any sum or sums borrowed or Bonds issued by the Agency. Any sums required by the Agency for the purpose of making good its obligations shall be charged by the Commissioner for Finance on the Consolidated Revenue Fund of the State Government subject to the provisions of the Fiscal Responsibility Law. The Agency may, subject to approval by the Governor, write-off Bad Debts of the Agency. In any action for the recovery of any Rate or other Monies (other than Fines and Penalties) payable or recoverable under and by virtue of the provisions of this Law, a Certificate under the hand of the Agency in that behalf, that any sum of Money is due and that the Defendant is the person liable to pay the same, shall be evidence of such Debt and of non- payment thereof, and of the fact that the Defendant is the person liable to pay the samc. GENERAL ADMINISTRATION: WATER SUPPLY AND DISTRIBUTION 124 The Agency 's Responsibility to Consumers for Continuous Supply of Water 103. (1) The Agency shall as far as possible maintain a continuity of supply of Water to residents within its areas of operation: Provided that the Agency shall have the right (2) Rates and Scales 104. (1) of Charges. to: (a) suspend the supply of Water for such periods as may be necessary for carrying out inspections, tests, or repairs and for the making of new connections; (b) (c) suspend the supply for the purpose of effecting alterations and modifications to its Pipelines and other facilities or general maintenance of the Water Works subject to issuance of Notice; or discontinue any supply where the payment of any Rate, Dues or Charges are in arrears. The Agency shall in no case be under any obligation to pay Damages or Compensation for loss, damages or inconveniences caused to any Consumer through any suspension, failure, discontinuance or a total or partial interruption of the supply of water howsoever caused. The Agency shall from time to time propose Rates and Scale of Charges payable for water supply and other services in its area of operation in accordance with a methodology for 125 Application for Water Supply Charges. 105. (1) Prohibition of Sale of Water Supplied by Agency 106. (2) Tariff-setting earlier approved by the Commission which allows for the fixing of Economic Rates for water supply and other services in order to meet its financial objectives in accordance with the provisions of this Law. The Water Rates and Charges may be fixed at different rates for different locations and different users as may be approved by the Commission. The Agency may supply water to а tenement upon application of the Owner/Occupier thereof which service shall be by Contract between the Parties pursuant to Rules and Regulations issucd by the Commission. (2) The Agency may refuse to supply water to any particular premises other than by a Meter installed and kept in repair by thc Agency, provided that Agency may not disconnect any user or fail to connect a potential Consumer for the failure of the Agency to provide the said Meter. As from the commencement of this Law. it shall be unlawful for any person to resell water supplicd by the Agency except pursuant to an Agreement with the Agency for that purpose, provided that no authority shall be required for the sale of any manufactured goods or other 126 Payment for Water Rates and Charges 107. (1) Supply to Local Government Couneils and its Institutions. (2) 108. (1) (2) Commodities in which water supplied by the Agency is included. The Owner or Occupier of any tenement to which water is supplied by the Agency shall pay to the Agency such Rates and Charges for water supply or other service as may from time to time be determined by the Commission in consultation with the Water Consumer Association (WCA) and approved by the Commission. Upon failure by a Consumer to pay any outstanding Water Rates and Charges pursuant to a notice by the Agency in accordance with Regulations issued by the Commission, the Agency may recover such Rates or Charges by an application brought before the High CourtCourt ofof the State or any other special Court created for that purpose. Where Stand Pipes or other supply services are provided for communal use, upon application by the relevant Local Government Council, the Agency shall have power to charge for such service in accordance with rates approved by the Commission and the Local Government Councils shall pay such Rates from its resourccs. The Agency shall have powers to collect from the Local Government Councils Fees in respeet of services. provided to 127 Entitlement to Supply of Water without Preferential Treatment. Maps ofс Waterworks and Sanitation Infrastructure. afeh 109. Institutions within the Local Government including those for Primary Schools, Markets and Water Fountains in cach of the respective Local Governments Areas. Except in so far as is otherwisese provided by this Law, where a Supply of Water is provided by the Agency in any part of an area for private purposes, every person within that part of the area shall, upon application to the Agency, be entitled to a supply on terms and conditions as the Agency may deem fit, provided that in the case of a first-time connection, adequate water can be made available without detriment to existing supplies to persons or institutions in the area. 110. (1) (2) Subject to the provisions of this Section, it shall be the duty of the Agency to keep records of the location of: (a) every Rcsource Main, Water Main or Discharge Pipe which is for the time being vested in the Agency: and (b) any other underground Works, other than a Service Pipe, which are for the time being vested in the Agency. It shall be the duty of the Agency to ensure that the contents of any records for the time being kept by it under this Section are available, at all reasonable times, for inspection by the public free of charge at an Office of the Agency 128 (3) (4) (5) (6) upon prior application in writing to the Agency. Any information which is required under this Section to be made available by Agency for inspection by the Public shall be so made available in the form of a Map. For the purpose of determining whether any failure to make a modification of any records kept under this Section constitutes a breach of the duty imposed by sub-section (1), that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary and, where records kept under this Section are modified, the date of the modification and of the completion of c the works making the modification necessary shall be incorporated in the records. The Agency shall put in place a mechanism to receive and address Consumer Complaints in an efficient and effective manner and as may bc prescribed by the Agenсу. The duty of the Agency under this Section shall be enforceable under this Law by the Commission. 129 Establishment of 111. (1) Water Consurners Associations (WCAs) There is established a Water Consumers Association (hereinafter referred to as "WCA") as a voluntary, Non-Profit, Non- Ethnic, Non-Political, Non-Religious and Non-Governmental Organization (NGOs). (2) The Association is a body corporate with perpetual succession and a Common Seal. Objectives 112. (1) The objectives of the WCA shall be to: (a) provide adequate, affordable and safe water in a sustainable manner; (b) identify the appropriate technology option for water supply; (c) own or manage and operate water supply facilities for the Community; (d) collect the WCA-approved Water Rates from Water Consumers to cover the administration, opcration and maintenance costs of the water facilities; (e) refer disputes regarding Rates charged to the Government Agency relevant for Adjudication; (f) improve and adopt best hygiene practices and construct Sanitation Facilities, according to the Environmental Health Conditions in the prescribed Area; (g) build consensus initiative and leadership among members; and (h) operate with Governments, NGOs, 130 and other Agencies in the construction. operation and maintenance of Water Schemes, as may be considered necessary. Funetions 113. (1) The functions of WCAs shall be to: technology for water supply and (a) design and adopt appropriate coordinate the construction and supervision of the projects in consultation with the WASH Department in the LGAs and relevant State Agency; (b) design, maintain and enforce the use of appropriate Sanitation Facilities and support any Rural Environmental Sanitation and Hygiene Initiative introduced by the overnment or other Organization; (c) undertake Water, Sanitation and Hygiene (WASH) education and creates awareness of WASH principles among members,. particularly in Schools and anong Women and Children; (d) оrganize technical training of Local Artisans for the operation and maintenance of the Water Supply Schemes; (e) promote improvement of traditional sources of Community Water Supply comprising proteeted Spring Orifices, protected Hand-Dug Wells and Rainwater Harvesting: (f promote construction and maintenance oJ Public 131 Toilet Facilities Facilities: and HouseholP Toilet (g) cnsure compliance with the National Standards for Drinking Water Quality; (h) monitor and protect the quality of Raw Water Sources; (i) ensure community participation and feedback in the design and implementation of projeets and undertake sustained Stakeholder and Community Consultation and Information; and p(j) ensure all residents have access to sufficient potable water at an affordable price. Structure of WCAs 114. (1) The Congress is the highest Decision- making and Policy approving authority of WCA. It is comprised of all its registered members. (2) The Congress shall meet Annual General Meeting to: (a) formulate Policy; once at the (b) approve amendments of Constitution; the (c) ratify membership of the Board of Trustees or Executive Committee; (d) approve the Association's Budget; and (c) approve the Association's Annual Work-Plan. The Board of Trustees (herein referred to as the "BOT") shall consists or a 132 Board of 115. (1) Trustees of WCAs maximnum of Eight (8) Members drawn from registered members, with equitable women representation who must be persons of honour and proven integrity in Society. (2) Оne of the members shall be seleeted to be the Chairman (usually the Distriet Head of the Community). Functions of the 116. The BOT shall: BOT Tenure of member of BOT 117. (1) (a) advise and approve such regarding landed property; matters all(b) hold in trust for the Community properties of the Association: and (c) chair all Congress meetings, through its Chairman. Members of the BOT shall hold Office for a term of Five (5) ycars and may bc eligible for a further reappointment fora term of Three (3) years, provided that no Trustee holds Office continuously for more than Eight (8) ycars. (2) A Board member may resign membership of the BOT by giving at least One (1) Month notice in writing to the Chairman. (3) A Board member shall cease to hold Office due to: Insanity, Bankruptcy, Conviction for a Criminal Offence, Resignation. Removal from Office and Relocation Outside the State. 133 PART VI PLATEAU RURAL WATER SUPPLY AND SANITATION Establishnent of 1 18. the Agency Composition of the Boarddora 119. AGENCY (PRUWASSA) (1) There is established the Plateau State Rural Water Supply and Sanitation Agency (in this Law referred to as ‘PRUWASSA’). (2) PRUWASSA shall: (a) be a body corporate with perpetual succession and a Common Seal; (b) have power to sue and be sued in its corporate name: (c) have power to enter into Contracts or Partnership with any person (whether corporate or unincorporated) which in its opinion will facilitate the discharge of the functions conferred on it by this Law; and (d) be capable of holding. purchasing, acquiring and disposing of property whether movable or immovable. (3) The Area of Operation of PRUWASSA shall include all Settlements witha population of not more than 5,000 outside the Greater Jos Master Plan also referred to as Rural Arcas in this Law. (1) There shall be established for PRUWASSA, a Board (in this Part referred to as the “Board") which shall comprise of: (a) a part-time Chairman; 134 Remuneration of members of thc Board Tenure of Office of Members (b) three other part-time members who shall be appointed by the Governor: (c) seven ex-officio members comprising the: i. General-Manager; ii. Рermanent Secretary, Ministry for Water Resources and Energy; iii. Permanent Secretary, Ministry of Finance; iv. Permanent Seeretary, Ministry of Health; v. Permanent Secretary, Ministry of Environment and Solid Minerals: vi. Permanent Secretary, Local Governiment and Chieftaincy Affairs; 120. vii. Permanent Secretary, Ministry of Agriculture; and Permanent secretary, Ministry of Justice There shall be paid to the members of the Board, such remuneration and other benefits as the Governor may from time to time determine subject to State Policy on same. 121. (1) Except for other Ex-ofticio Members, the Chairman and members of the Board shall hold Office for Four (4) years and shall be eligible for reappointment for one term of Four (4) years and no more. (2) Except for Ex-officio members, any member of the Board may by notice resign his appointment. (3) Any 135 vacancy occurring in the (4) membership of the Board shall be filled by an appointment of a successor who shall represent the same interest, but the Board may continue to funetion not withstanding any vacancy in its membership. At the expiration of a Board, the following shall perform the functions of the Board pending the constitution of a new Board within Six (6) Months: (a) Permanent Secretary, Ministry for Water Resources and Energy; (b) Permanent Secretary, Ministry for Local Government and Duties of the 122. The Board Chiefitaincy Affairs; (c) the General-Manager; and (d) the Secretary. specific duties of the Board shall include, but not limited to the following: (a) making strategic decisions on the activities and mandate of PRUWASSA: (b) reviewing and approving PRUWASSA's Business Plans. Budget and performance; (c) approving plans and procedures for the engagement of Private Sector Partners in collaboration with thc State Water Regulatory Commission; (d) ensuring that the activities of 136 Quorum 123. (1) Vacation of 124. office (2) PRUWASSA meets the standards set by the Regulatory Commission; (e) approving and monitoring the implementation of PRUWASSA's Development Plan; (f) propose a Tariff methodology in furtherance of its Policy for the approval of the Commissioner; (g) any other business which may be considered necessary by the Board in pursuance of PRUWASSA's function as provided in this Law. The quorum for a meeting of the Board of the Agency shall be two-thirds (~/3) majority of members. The Chairman shall preside at meetings of the Board and in his absence, the members present at the meeting shall elect one of their members present to preside. Notwithstanding the provisions of Section 121 of this Law, a member shall vacate Office and the Office shall become vacant: (a) one month after the (b) date upon which he gives notice in writing to the Governor of his intension to resign; on the date he begins to serve a sentence of Imprisonment imposed without the option of a Fine: (i) in Nigeria, in respecet of a Crime 137 Functions of PRUWASSA 125. 1) involving Dishonesty or Fraud; or (ii) outside Nigeria, in respect of an Offence involving Financial impropriety or any conduet which if, committed in Nigeria, would constitute an Offence; or (c) if he: (i). attends fewer than 75% of the Agency's Board meetings in any one-year period without sufficient reasons; (ii). in the case of members who have professional qualifications, if the member is barred or suspended from practice by his professional body; (iii). becomes bankrupt; (iv). becomes of unsound mind or incapable of carrying out his dutics; or is guilty of a serious misconduct with relation to his duties as a member of the Board. Thc functions of PRUWASSA shalП include: (a) the establishment of working contact with all Local Governments in the State on issues of Water and Sanitation; (b) assisting Local Governments in the provision of adequate and safe water supply and sanitation coverage, use and maintenance status: (c) supporting the Local Government in Water supply and sanitation 138 coverage, usc and maintenance status: (d) establishing an Award Scheme to (c) recognize Local Government achievements in Hygiene Education, Water and Sanitation coverage; monitoring the State of repairs of al1 Water Supply and Community - based Sanitation Facilities and assessing the performance of Local Governments: (f) organizing training for Hand Pump maintenance within the State and recommending to Local Governments expert Contractors aceredited by the Regulatory Commission (established under Section 147) for such works; (g) ensuring that Guinea Worm and other Sanitation/Water-Borne diseases are eradicated through Hygiene Education and Campaigns: (h) liaising with the State Ministry of Water Resources and Energy to update the status of the Rural Water Supply and Sanitation coverage at quarterly intervals; (i) compilation and maintenance of a State-wide inventory of Rural Water and Sanitation Sources, including conditions, type of pump or souree; continuous basis of(j) training on Local Government Dug Well and Manual Rig Teams, Sanitation Community -BasedArtisans, 139 The General 126. (1) Manager (k) (1) Hygiene Education Facilitator and Hand Pump Mechanics; supporting Local Governments that wish to have their own Dug We11 and Manual Rig teams to procure and maintain such equipment; assisting Local Governments to plan and implement their Water Supply, Sanitation and Hygiene Education Programmes, devising Schemes that will allow Community participation in terms of capacity outlay and maintenance; (m) assisting Local Governments with diagnostic surveys to establish local conditions and attitudes related to Water Use, Sanitation and Hygiene Practices: (n) (o) (P) supervising the construction of Low- Cost Technology Latrines, such as Sanplat, Ventilated improved Pit Latrine and demonstrated units in strategic places in thc Local Government Areas; facilitating the development of alternative Rural Water Supply sources and improvement on the existing native water supply sources for Communities; and coordinating activities of all Rural Water Supply and Sanitation Agencies in the State. There shall be appointed a General Manager (referred to in this Part as “The 140 GM") by the Governor recommendation of the Board. on the (2) The GM shall: (3) (a) be the Chief Executive and Chief Accounting Officer of PRUWASSA; (b) be responsible for the implementation of the decisions and policies of the Board as well as the general administration of PRUWASSA; and (c) perform such other duties as the Board may from time to time direct. The GM shall be: (a) a person with a professional (b) qualification in Water, Civil or Sanitary Engineering. Geo- Sciences or Public Health with sound relevant experience of not less than Fifteen (15) Years: and appointed pursuant to a Performance-Based Employment Contract for a term of Five (5) Years on a full-time basis which may be renewable for another period of Five (5) Ycars and no more, upon consideration of the improved Financial, 141 Secretary/Legal Adviser Functions of the Secretary / Legal Adviser 127. (1) 128. (2) andBhe Management, Operational other relevant indicators contained in such Contract. There shall be pointed by the Board Secretary and Legal Adviser PRUWASSA. as a for The Secretary/Legal Adviser shall be: (i) appointed on such terms and conditions as may be contained in the Letter of Appointment; and (ii) a Legal Practitioner with a minimum of Ten (10) years post call experience and shall be the Head of Legal Unit. The Secretary / Legal Adviser shall perform the following funetions: (a) organize and take minutes of meetings of the Board and at the Senior Management meetings: (b) be the custodian of records of PRUWASSA and conduct (c) correspondences on its behalf: arrange for payment of Fees and Allowances of meetings and all other matters affeeting members of the Board; (d) perform all duties as the Board or the management of PRUWASSA may from time to time direct; (c) communicate Policy decisions of the Board to affected Departments; 142 Stafr 129. (f) render necessary advice in compliance with Laws, Rules and Regulations affecting PRUWASSA: (g) establish and maintain the Register and Minutes Books of the Board; (h) keep custody of copies of Assets, Register, Financial and Annual Reports of PRUWASSA; (i) prepare, vet and review all Contracts; and represent PRUWASSA in Court matters to which it is a Party. (1) PRUWASSA shall have power: (a) to appoint directly or from any Public Service of the Federation any number of Staff and other Employees as it may from time to time deem necessary subject to the approval of the State Civil Service Commission to assist in the diseharge of its functions under this Law: (b) conduct promotion exercises; and (c) undertake disciplinary measures. (2) The Conditions of Service of members of Staff shall be as may be determined by the Board and in accordance with prevailing terms and Conditions of Service for Public Service. (3) The Conditions of Service shall include: (a) conditions for Promotion and 143 Appointment, discipline of (4) (5) Employees of PRUWASSA; and (b) procedures for appeals by Employees against any disciplinary measures regarding their employment: Provided that until such Conditions of Service are made, any instrument relating to Conditions of Service in the Public Service of the State shall be applicable with such modifications as may bе necessary to the employces of PRUWASSA. A person appointed from any of the Public Service in the Federation may transfer his service to PRUWASSA. The Board shall approve Appointments, Promotions and Disciplinary measures deliberated upon pursuant to the provisions of sub-section (1) of this Section. (6) PRUWASSA, subject to the approval of the Board, may determine the Salaries, Emoluments and other benefits of Employees of PRUWASSA. Pension Rights 130 (1) Service in PRUWASSA shall be approved service under the provision of the State Pension Law and accordingly, Staff and Employees of thc Agency shall be entitled to Pensions, Gratuities and other Retirement benefits as preseribed undcr 144 Management Committee 131. (1) Meeting of the Board 132. (2) (2) the Pensions Law of the State; Without prejudice to the provisions of sub-Section (1) of this Section, nothing in this Law shall prevent the appointment of any person toany Office on terms which preclude the grant of Pension, Gratuity or other Retirement benefits with respect to that Officе. There shall be a Management Committee which shall comprise of all Departmental Heads and shall be charged with the responsibility of making recommendations to the Board in respect of the Appointment, Promotion and Disciplinary control of all Officers of PRUWASSA on Salary Grade Level 07 and above. There shall be an Appointment, Disciplinary and Promotions Committee which shall comprise of some Heads of Department as may be Appointed by the Management Committee regarding Appointments, Promotions and Disciplinary actions in respect of Employces of PRUWASSA on Salary Grade Level 6 and below. (1) The Board shall hold such meetings at such times and places as the Chairman may 145 rlLo efg Standing Orders 133. determinc. (2) The Chairman shall preside at every meeting of the Board and in his absence the members present shall elect one of them to preside. (3) The quorum of the Board shall be as stipulated in paragraph 3 of the Second Schedule to this Law. (4) The proceedings of the Board shall not be invalid only by reason of improper constitutions of the Board or a defeet in the appointment of a member of the Board. The Board may make Standing Orders for the proper conduct of its business and the regulation of its proceedings or those of any its Committees. The Board may appoint or constitute Standing or Ad-hoc Committees as the case may be to perform any of its functions on its behalf but no decision of such Committee shall have effect unless it has been confirmed by the Board. 135. (1) The Board as soon as may be affter its establishment, provide itself with Common Seal. (2) a The Common Seal of the Board shall be authenticated by the signature of the Chairman of the Board or some other member authorized by the Board in that behalf and the signature of the Secretary of the Board. 146 Committees of 134. the board Common Seal Funds of PRUWASSA 136. (3) Judicial notice shall be taken of the Common Seal of the Board and every document purporting to be an Instrument made by the Board and to be sealed by the Common Seal (to be authenticated in accordance with this paragraph) of the Board and shall be received in evidence and be deemed to be such Instrument without further proof unless the contrary is shown. FINANCIAL PROVISIONS The funds of PRUWASSA shall include: (a) Grants from: i. Federal Government of Nigeria; ii. State Government; iii. Local Government; and iv. Local or International Donors. (b) Revenue that nay accrue from the activitics of PRUWASSA; and (c) Individual or Corporate Donors. The contribution to the fund of PRUWASSA shall be in accordance with the provisions of the National Policy on Water Supply and Sanitation. PRUWASSA shall operate such number of Accounts with reputable Banks approved by the Board and all monies of PRUWASSA shall be paid into any such Accounts. PRUWASSA shall: (a) cause to be kept proper Accounts in respect of its functions under Contribution to 137. PRUWASSA’s fund Bank Account 138. Accounts and audit 139. (1) 147 arno t212 ti e this Law and other records in relation thereto; and (b) prepare in respeet of each Financial Year a Statement of Account in succh Form as a may be approved by the Chief Executive (2) (3) The Statement of accounts shall be a fair and accurate Statement of the financial position and of the result of the operation of the Agency for the Financial Year to which it relates. The Annual Statement of Accounts shall be audited by the Auditor. (4) (5) As soon as the Annual Statement of Accounts has bcen audited, PRUWASSA shall forward to the Governor a copy of the Statement of Accounts together with a copy of the Report made by the Auditor. Before the commencement of cach Financial Year, PRUWASSA shall prepare an estimate of its Revenue and Expсnditure for that Financial Year (6) and submit the same to the State Executive Council for approval. A withdrawal shall not be made from PRUWASSA’s Accounts unless such is authorizcd and signed by the General Manager and the Accountant of PRUWASSA. Annual estimates and accounts 140. (1) PRUWASSA shall, not later than 30tч September of each year, submit for the approval of the Government an estimate 148 (2) Annual Report 141. (1) Power to Borrow of its Expenditure and Income including payments for the Agency's Fund for the next succceding year. PRUWASSA shall keep proper Accounts to conform with Standard Accounting Practice, in respect to cach year and proper records in relation to those Accounts and shall cause its Accounts to be audited within Six (6) Months after the end of each year by Auditors appointed from the List and in accordance with Guidelines supplied by the Auditor- General. PRUWASSA shall within Six (6) Months after the end of each year submit to the Governor Report in such Form and containing such particulars as he may from time to time direet, dealing with its activitics during that Financial Year. 142. (1) PRUWASSA may with the prior consent of the Governor borrow such monies as may be required to carry out its functions under this Law. (2) PRUWASSA may demand and accept such Securities for Loans granted by it to Local Government or Communities and charge such Rates as it may deem reasonable. (3) to All Projects initiated by PRUWASSA shall, when completed, be handed over be maintained by the Community. 149 LOISW (4) Establishment of 143. (1) Local Government WASH Department Functions of the Department Benefiting Communities of Projects are to provide Labour and Security on Projects Sites during construction and after due hand over by PRUWASSA. There is established in cach Local Government of the State, Water Supply, Sanitation and Hygiene Department (hereafter called 'WASH Department"). (2) The Officers of the Department shall be as provided by the Unified Cadre for Local Government WASH Departments. 144. (1) Hов S 10RSлсп S Hosn ok 7 The Department shall be responsible for: (a) the establishment of contact and support with the Agency and all Communities in the Arca; (b) the development of Annual Plans of action and Budget for the Local Government; (c) encouraging and supporting Communities to mobilize, organize and establish Water and Sanitation Committees and ensuring the maximum involvement of women; (d) compiling of an inventory and maintenance of Water and Sanitation facilities in all communities and monitoring of their operations; (c) identifying and training of Hand- Pump Mechanics, Caretakers, Latrine Artisans and Hygicne Facilitators; 150 (1) maintenance of records for plans and requests. concerning Water and Sanitation Hygiene Education and other sanitary activities in all Communities in the Local Government: (g) mobilizing and supporting Community linkages with other Developmental Ageneies; (h) cncouraging and supporting Teachers in Primary and Post- Primary Schools to teach and promote Hygiene Education to Pupils and members of the Community; (i) ensuring the eradication of Guinca Worm and other Water-borne Discases in the Local Government Area; (j) liaising with the Agency for Progress Reports and Policy Guidelines and Standards; (k) working with Parents-Teachers Associations to promote the improvement or construction of Water and Sanitation Facilities in Schools; (1) training of Water and Sanitation Committee members to plan and implement Committee; (m) promotion the activities of the of environmentally friendly activities to organize, establish and manage self-help Gardens, using Waste or Run-off 151 WASHCOM for 145. )1) each Community (2) Water from Water Facilities and maintaining Village Waste Disposal Pits; (n) promotion of good hygiene practices in the utilization and maintenance of Water and Sanitation Facilities; (o) provision of Participatory Technique Tools, Training and Coordination of activities of Village-Based Hygiene Facilitators; and (p) effective utilization of State Training Facilities for the provision Of Water Supply and Maintenance of the Facilities. There shall be established for each Community in the Local Government, a Water Supply and Sanitation Hygiene Committee ('herein after referred to as WASHCOM'). The Committee shall comprise of: (a) a Chairman (Male or Female: Literacy is an advantage); (b) Vice-Chairman (Female if Chairman is Male and vice versa: Literacy is an advantage); (c) Secretary (Male or Female: Literacy is a criteria); (d) Assistant Secretary (Female if Secretary is Male and vice versa. Literacy is a criteria): (e) Financial Secretary (Literacy is a criteria); () Assistant Financial Secretary 152 Functions of the Committee 146. (1) (h) (i) (Literacy is a criteria); Treasurer (Male or Female): Provost (Male or Female); and Patrons (not necessarily members but between 2 to 3 revered leaders, such as Community Leader, Religious Leaders and Community Elders). The Committee shall: (a) cooperate with the Department on Water Sanitation and Hygiene Programmes for the Community; (b) undertake al1 necessary and relevant Sanitation Education; (c) encourage development of skills to promote Community participation with the active involvement of Women; (d) adapt Training Materials to the Social and Cultural situation of the Community: (e) participate in the planning, design and management of safe water and sanitary facilities. (f) encourage the teaching of Hygiene Practices to children at the Community level; (g) ensure the provision of Latrines in the Community; (h) ensure the eradication of Water-borne Diseases in the Community; (i) mobilize the Community to take active part in the construction of Water and Sanitation Facilities: and 153 mobilize the Community to contribute at least 5% of the Capital cost in Cash or Kind and al1 maintenance costs for safe water supply. PART VII PLATEAU STATE WATER SECTOR REGULATORY COMMISSION Establishment of 147. (1) the Regulatory Commission. There is established the Plateau State Water Sector Regulatory Commission (referred to in this Law as "the Commission). (2) The Commission: (a) is a body corporate with perpetual succession and a Common Seal; (b) may sue and be sued in its corporate name; (c) shall be capable of taking, purchasing. leasing, holding, selling or exchanging and disposing of movable and immovable properties; (d) may do all acts and things which a body corporate may by Law do and which are necessary for the purposes of this Law. (3) The Common Seal of the Commission shall be kept in such custody as the Commission direets and shall not be used except as authorised by the Commission. Composition of the Commission. 148. (1) The Commission shall comprise of Seven (7) voting members who shall serve on a part-time basis as follows: 154 (a) (b) a Chairman nominated by the Commissioner and must be a person holding at least the following qualifications: (i) a University Degree in Law, Economies, Business Management or Engineering; and (ii) at least Ten (10) years relevant cognate experience; one Member nominated by the Nigerian Society of Engineers (NSE) and shall be: (i) a Registered and Financial member of NSE and is also registered with Council for the Regulation of Engineers in Nigeria (COREN); (ii) an Engineer who has practiced (c) (d) for at least Ten (10) Years; and (iii) a Professional Engineer who has served in the Public or Private Sector at Management level; one Member nominated by Plateau State Chamber of Commerce and Industry being a person who has served as a Senior Executive in a listed Public Company for more than two (2) years; and one Member nominated by the Regulatory Advisor, being a person with at least Five (5) Years' experience 155 in International (c) (f) Regulation of Utility and Infrastructure Enterprises who shall be either: (i) public utility Regulator; (ii) contracted Technical Advisor to a Public Regulatory Body; or (iii) Regulatory Adviser to regulated Utility; Practitionera Legal nominated by the Honourable Attorney-General and Commissioner for Justice with at least Ten (10) Years post call experience in company matters and the Utility Industry. one Member nominated by the Institute of Chartered Aссоuntants of Nigeria (I.C.A.N) or Association of National Accountants of Nigeria (A.N.A.N) and shall cither be: (i) a registered and Financial Member of I.C.A.N or A.N.A.N; (ii) has practiced as a Chartered Accountant of at least Ten (1O) years standing; and (iii) has served as a Professional Accountant in the Public or Private Sector at Management level; and (g) one member 156 nominated by the Primary duties of the Commission. 149. Consumer Protection Council (CPC), being a person with at least Five (5) Years relevant working experience. (2) The Governor shall appoint the Nominees subjeet to confirmation by the State House of Assembly. (3) There shall be an Executive Secretary, who will be a full time and non-voting member of the Commission. The primary duty of the Commission shall be to ensure that: (a) Water and Sewerage functions are properly carried out in the State; and (b) operators in the Sector secure reasonable returns on their capital to finance the proper carrying out of those functions. Objectives of the 150. The objective of the Commission shall be to: commission (a) proteet the long-term interest of Consumers with regard to Pricс, Quality and Reliability of serviees in the Water Seetor; (b) 157 have regard to the following: (i) facilitate efficiency in the Water Sector and for efficient long- term investment; (ii) facilitate viability the of thhe financial Water (c) (d) 158 (iii) Sector; ensure that the misuse of monopoly or non-transitory market power is prevented; (iv) facilitate effective competition and promote competitive market conduct; (v) ensure that regulatory decision-making has regard to all relevant Health, Safety, Environmental and Social Legislations applying to the Water Sector; (vi) ensure that Users and Consumers (including low- income or vulnerable Consumers) benefit from the gains from competition and efficieney; and (vii) promote consisteny in regulation between States and on a National basis.; without derogating from sub- sections (1) and (2), perform its functions and exercise its powers in such a manner as it considers best in achieving any of its objectives under this Law; and protect the activities along the entire value chain of the Water Functions ofthe 151. (1 Commission Supply and Sanitation Services from the source to the Consumer. The functions of the Commission shall be to: (a) regulate the sourcing, production, distribution, supply and use of Water, the quality of service and the Tariff and Charges payable to ensure the financial stability of the Water Sector and regulate allowable returns to the Operators: (b) approve the Rates and Scales of Charges payable for Water Supply. Waste Water, Sewerage and other services within the State and such Rates and Scales of Charges are to be determined taking into consideration the interests of the Consumers, the need to ensure the viability of th Water Sector, and the need to ensure compctition amongst the Operators; (c) set, approve and review Standards of Performance of services in the Sector; (d) provide Regulatory Rulings or Regulatory Submissions from any Private Participant and the Institutions; (e) ensure that Regulatory Rulings are in compliance with the terms of thc Project Agreements between the 159 (1) Institutions and Private Participants; contract a qualified Firm through Competitive Bidding Procedures, to act as a Regulatory Adviser to the Commission. (g) ensure that Regulatory Rulings maintain the financial stability and allowable returns of the Institutions; (h) ensure compliance with Service Standards and requirements subject to existing Contracts between the participants in the Water Sector and the relevant Law in that regard; (i) ensure that the functions of Water Supply and Sewerages Services are properly carried out in the State: G) ensure that the interests of every person who is a Customer of any of the Institutions is proteeted in respect of the fixing and recovery by the Institutions of Water and Sewerage Charges and, that: (i) the interest of Customers and potential Customers in Rural Arcas are so protected; and (ii) no undue preference is shown and that there is undue discrimination, in the fixing of Charges; 160 (k) ensure that the interest of such person in respect of the other terms on which services are provided by the Operator in the course of carrying out its activities are proteeted; (1) perforn such functions as are conferred on it by this Law and complying with all relevant Legislation applicable to the Sector; (m)advise the Governor on matters relating to the Economie Regulation of the Water Sector, including reliable issues; (n) when requested by the Governor, make an enquiry into the systemic reliability of supply issues relating to the Water Sector or other essential service as specified by him; (o) conduct inquiries and report on matters relating to the Water Sector: (p) make recommendations to Governor as to the following: the (i) reforms necessary in the Sector; (ii) compliance by any Service Provider in the Sector: and (iii) whether Service any provider Operator or should 161 (b) continuc to operate in the Sector; conduct Programmes: Public Educationm (i) for the purpose of promoting its objectives under this Law and the relevant Legislations; and (ii) in relation to changes in the regulation of the Sector; and (r) advise the Governor in relation to any other matter referred to the Commission by the Governor. (2) Additional duties specifically relating to Economic Regulation of Water and Sewerage services as may be assigned by the Governor to the Commission. The powers of the Conmission shall be to: (a) approve the Tariff, Fees and other Charges charged by the Institutions for Water and Sewerage services in the State; (b) where applicable, set or modify Tariff, Rates and Charges by Private Participants to provide Water and Sewerage services in the State: (c) set or modify Service requirements, Standards and Targets; 162 Powers of the Commission. 152. (1) (2) (d) approve the allowable returns of the Institutions: (c) f obtain from all regulated entities the Financial Statements and Business Records necessary to fulfil the Commission's Primary Duties as Stated in Section 149 of this Law: require all Water Sector Operators to provide such Financial Statements and Business Records as are requested by the Commission on a timely and accurate basis and for the purposes of this subsection, “timely" shall mean within Four (4) Weeks of receipt of a notification to submit Financial Statements or Business Records; (g) regulate the activities of those engaged in the provision of Drinking Water contained in Bottles or Polythene Bags with a vicw of ensuring acceptable Service Standards; and (h) regulate the activities of those engaged in the provision and supply of water and other services where there is no provision by the Provider. All Rulings of the Commission shall be binding upon all Operators in the Sector 163 Annual Report 153. (1) Bank Accounts 154. (3) Subject to the provisions of this Law, the Commission shall have power to perform all necessary acts in connection with the performance of its funetions and to enable it to achieve its objectives under this Law. The Commission shall submit an Annual Report of its activities to the Governor and the State House of Assembly in accordance with the provisions of this Law. (2) The Annual Report shall among other information. contain a detailed presentation of the performance of the Commission during the reporting year stated against set targets in the approval plan and shall also contain analysis of the opportunities and constraints impacting upon the Commission's performance and the actions proposed for addressing them. The Commission shall operate an Aceount with a Bank or Banks in the State and the signatories to the Account shall be either the Chairman of Board or when absent, a designated representative as the case may bс. and the Executive Secretary or when absent, a designated representative. The Commission shall kecp proper accounts of all its transactions in such terms as the Board nay direct, being a form that shall comply with Standards 164 Aссоunts and Audit 155. (1) Commercial Practice. (2) The forn of Accounts shall be such as to secure the provision of separate information in respect of each of the main activities and divisions of the Commission. (3) The Accounts shall be audited annually by External Auditors appointed by the Commission from a List of approved Auditors provided by the Auditor- General of the Statc. (4) (5) The Commission shall within Six (6) Months after the end of each Financial Year, furnish the State House of Assembly with a: (a) copy of the audited Account of the Commission; (b) copy of the general Report and full Report of the External Auditor; (c) detailed Report of the State of affairs of the Commission for the Financial Year, including a Statement of the change in the General Reserve Fund arising from the activities of the Commission during the Year reported upon; and (d) the Commission shall publish its Annual Report in two National Daily Newspapers circulating within the State and on the Internet. The Commission shall cause the audited Account and the Report of the Commission 165 Proofs of Money 156. Due Restriction on execution 157. Tenure of officс 158. to be published in the State Government Official Gazette afiter complying with sub- section (4) of this Section. In any action for the recovery of any Rate or other monies (other than Fines and Penalties) payable or recoverable under the provisions of this Law, a Certificate under the hand of the Commission in that behalf, that any sum of money is due and that the Defendant is the person liable to pay same, shall be evidenee of such Debt and of non-paynment, and the fact that the Defendant is the person liable to pay the same. An Execution or Attachment of Process shall not be issued against any property vested in the Commission except with the prior consent of the Attorney- General. The Chairman of the Commission shall hold Ofice: (a) (b) for a term of Four (4) Years in the First instance and may be reappointed for a further term of Four (4) Y ears and no more; and on such terms and conditions as may be stipulated in the Letter of Appointment. 159. Remuneration The Chairman and Members shall be paid such remuneration or other benefits as the Governor may determine from time to time. 166 Removal of Member of the Commission Resignation from the Commission 160. 161. (1) (2) A Member of the Commission shall only be removed by the Governor, if the Member: (a) attends fewer than 75 percent of Commission's meetings in any one- year period; (b) becomes of unsound mind or is incapable of carrying out the duties of the Commission; (c) has a conflict of interest as established by Documentary Evidence indicating a possible or actual commercial benefit arising from the operations of any of the State Water Sector Institutions; (d) is convicted of a Felony or any offence involving Dishonesty; (c) becomes Bankrupt or makes an arrangement with Creditors; (D) is guilty of serious Misconduet relating to his duties; and (g) in the case of Members who have professional qualifications, is suspended or removed from the Professional Body. AMember may resign from the Commission at any time and the resignation shall be submitted in writing to the Chairman of the Commission. If the Chairman of the Commission chooses to resign, the resignation shall be submitted to the Governor 167 vrosauаЯ olt vd l (3) The Regulatory Adviser 162. (1) よって (2) ric (3) Resignations shall be effective Ninety (90) Days from the date in which the written resignation is received by thc Chairman or the Governor and the member shall retain full voting powers and obligations during the period from the date of the submission of a resignation and the effective date of the resignation. The Commission shall hire a Regulatory Adviser to provide one member and the Regulatory Adviser shall be a Firm or Institution that is competent to provide advisory services on Water Utility Regulation as evidenced by the following: (а) сxtensive prior experience in providing advisory services to Utility Regulation Institutions; (b) extensive prior experience of operating as a Regulator of Public utilities; and (c) demonstrated corporate capability to provide Staff with experience in regulatory matters. The Regulatory Adviser shall be hired through a Competitive and Transparent Bidding Process at the discretion of the Commission. The Regulatory Adviser may provide to the Commission, Technical Staff required to prepare Analyses and Rulings in accordance with this Law. 168 Executive Secretary and Secretariat. (4) The member nominated by the Regulatory Adviser is prohibited from participating in any proceedings or decisions relating to the procurement of the Regulatory Adviser. 163. (1) There shall be appointed by the Governor, subject to the approval of the State House of Assembly, an Executive Secretary for the Commission. (2) The Executive Secretary shall be a person who has served at Management level in the Public or Private Sector for a minimum of Ten (10) Years. (3) Appointment of Staff 164. (1) The Executive Secretary shall be the accounting and administrative Officer of the Commission and shall hold office on such terms and conditions as may be specificd the Letter of Appointment The terms and Conditions of Servicе (including terms and conditions, as to Remuneration, Allowances, Pensions, Gratuities and other retirement benefits and medical benefits) of the Employees of the Commission, shall be determined by the Commission. (2) The Commission may appoint such additional Staff or Consultants as it deems necessary for the efficient performance of the primary duties and functions of the Commission under this Law. (3) The Commission shall enter into 169 (4) (5) (6) (7) Confidentiality 165. (1) (2) Agrcements or arrangements for the use of the services of any Staff of a Department, Statutory Authority or other Publie Body. An engagement under sub-section (2) shall be on any terms and conditions the Commission considers appropriate. All Employees of the Commission shall sign an Oath affirming their allegiancс and service to the Commission and pledging themselves to observe strict secrecy with respect to all transactions of the Commission. An Employee of the Commission shall not seek any form of employment in the Water Sector until two ycars after his Resignation or Retirement. For the purposes of this Part, “employce” shall include Members and Staff of thc Commission. The Commission and its Employees shall keep confidential all Financial and Business Records submitted by the Institutions and other Operators in the Sector pursuant to their regulatory subımissions. For the purposes of this Section, "confidentiality" means that all Financial and Business Records of the Operators submitted pursuant to regulatory 170 submissions shall be: to l y (a) held in properly secured facilities. with adequate supervision of the Records by the Commission; and Consultati 166. Commission not 167. subjcet to direction or control Yа () withheld from Public disclosure, except as required to explain specific regulatory rulings. The Commission shall consult with all relevant MDAs in the: i. making of Determinations: ii. conduct of an Inquiry; and iii. preparation and review of regulatory practice. Except as provided for under this Law, the Commission is not subject to the direction or control of the Governor or any other person in respect of any Determination, Report or Inquiry. Commission 168. may publish Statements and The Commission may publish Statements and Reports relating to the performance of its funetions and the exercise of its powers. Reports Commission 169. shall publis Guidelines (1) The Commission shall develop and publish a Guideline on consultation and regulatory practice relating to processes for making Determinations and conducting Inquiries. (2) The Guidelines on consultation and regulatory practice: (a) shall include such matters as preseribed; and are 171 Declaration of Pecuniary Interests (b) may include any other matter that the Commission considers appropriate. 170. (1) If a member has a pecuniary interest in a matter being considered or is about to be considered in the course of performing assigned duties, the member shall as soon as practicable, on having knowledge of the relevant facts, declare the nature of that interest to the Commission. (2) (3) (4) Meetings of the Commission 171. (1) Sub-section (1) does not apply if the interest is as a result of the supply of Goods or Services that are available to members of the Public on the same terms and conditions Unless the Commission by a simple majority of members present and voting otherwise direets, if a Member has made a declaration under this Section, the Member shall not take any further par. in any decision in relation to the matter. A failure to comply with this Section does not affeet the validity of any act or decision of the Commission. The Chairman may convene as many meetings of the Commission as he considers necessary for the efficient conduct of its affairs, provided that the Chairman or, when absent, a Member appointed to act as Chairman slhall preside 172 at such meetings of the Commission. (2) The Quorum for a meeting of the Commission shall bc 2/3 majority of Members. (3) Any issue arising at a meeting of the Commission shall be determined by a majority of the votes of the members present and voting on the issue. (4) The person presiding has a Deliberative Vote and, in the event of an equality of votes on any issue, a Casting Votc. (5) Subjeet to this Law, the Commission may regulate its own proceedings. Conduct of Inquiry or 172. Determination The Commission shall determine which Members are to sit on a particular Inquiry or Determination Determinations 173. of the Commission A Determination of the Commission shall be made at the meeting constituted as required by Section 171 (3) of this Law. Matters to be included in Annual Report 174. Price Regulation 175. The Commission shall include the prescribed information annually relating to the operation and performance of the Commission in its Annual Report. The Commission may regulate Fees, Prices and Charges for or in respect of preseribed Goods and Services supplied by or within the Water Sector. 173 TarifJ determinations 176. (1) (2) In making a Tariff Determination, the Commission shall adopt any procedure which the Commission considers best to meet the objectives specified in this Law. In making a Determination under this Section, the Commission shall have regard to: (a) the particular circumstances of the Water Sector and the prescribed Goods and Services for which the Determination is being made; (b) the costs of making, producing or supplying the Goods or Services; (c) the cost of complying with relevant Health, Safety. Environmental and Social Legislation applying to the Water Sectoг; and(d) the return on Assets of theegulatedInvestments Provider; (c) any relevant Inter-state and International Benchmarks for Tariff Cost and Return on Investments in any comparable Sector; (土) the financial implications of the Determination for the Water Sector; and 174 (3) (4) (5) (g) any other factor that the Commission considers relevant. In making a Determination under this Section, the Commission shall ensure that: (a) wherever possible, the costs of regulation do not exceed the benefits; and (b) the decision takes into account and clearly articulate any trade-off between Costs and Service Standards. A Tariff Determination by the Commission may regulate preseribed Goods and Services in any manner the Commission considers appropriate. Without limiting the generality of sub- section (4), the manner may include: (a) fixing Tariff Price or the Rate of increase or decrcase in the tariff and Charges; (b) specifying pricing Policies or (c) 175 Principles; specifying an amount determined by reference to a General Price Index, the cost of production, a rate of return on Assets and Investments employed or any other specified factor; Other regulatory 177. (1) Powers (2) (3) (d) specifying an amount determined by reference to quantity, location, period or other specified factor relevant to the rate or supply of the Goods or Services in the Sector; (e) (f) fixing a maximum average revenue or maximum rate of increase or minimum rate of decrease in the maximum average revenue in relation to preseribed Goods or Services in the Sector; and monitoring the levels of Tariff, Fees and Charges for prescribed Goods and Services in the Sector. The Commission may exercise such powers (ineluding the power to Determinations) for or with respect to: make (a) standard and Conditions of Service and Supply; (b) licensing: (c) market conduct; and (d) other economic regulatory matters as may be conferred on the Commission under this Law. The Commission shall have the power to act as Arbitrator or nominate Arbitrators to adjudicate and settle disputes arising between Operators, Consumers, the Institutions and in accordance with the Regulations and this shall bе a condition in all Licenses granted under this Law. In making a Determination under this Section, the Commission shall have regard to any: 176 (a) factor specified in the empowering Instrument; and (b) other factor that the Commission considers relevant. (4) This Section is subject to anything to the contrary in the empowering Instrument. General provisions relating to 178. (1) A Determination shall include a Statement of the purpose and reasons for the making of the Determination. Determinations (2) Notice of the making of a Determination shall be published: (a) in the Government Gazette; (b) in a National Daily Newspaper generally circulating in the State; and (c) on the Internet. (3) The Notice shall include: (a) a brief description of the nature and effect of the Determination; and (b) details of when the Determination takes effect and how a copy of the Determination may be obtained from the Commission. (4) The Commission shall send a copy of a Determination to: (a) cach Operator in the Sector to which the Determination applies; and 177 General Power to obtain information and Documets (b) any person who made a submission to an Inquiry to which the Determination relates and who has asked for a copy of the Determination. (5) A Determination takes effect on and from: (a) the date on which Notice of its making is published in the Government Gazette, a National Daily Newspaper circulating in the State and on the Internet; and (b) any later date of commencement as may be specified in the Determination. (6) Subject to the provisions of this Law, a Determination takes cffeet from when it is amended or revoked by a later Determination or on such other date as is specified and a Determination is binding on the Corporation or any other Operator specified in the Sector. 179. (1) The Commission may require any person who has custody of any information or document that it is of the opinion that the information or document would assist it in the performance of any of its objectives or functions under this Law to make available to the Comınission, the information or a copy of the document. (2) A requirement to produce such information shall be made in awritten Notice specifying the: 178 (a) information or document required; (b) period of time within which the requirement must be complied with; and (c) form in hich the information or copy of the document is to be given to the Commission. (3) A person who without lawful excuse fails to comply with any requirement made under this Section shall be guilty of an Offence. (4) It is a lawful excuse for the purposes of sub- section (3) that compliance may tend to incriminate the person or make the person liable to a penalty for any other Offenee. (5) Aperson shall not in purported compliance with a requirement, knowingly give the Commission information that is false or misleading. (6) A person shall not: (a) threaten, intimidate or coerce another person; or (b) take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, sustain any injury or disadvantage because that other person complied, or intends to comply, with a requirement made under this Section. 179 Restriction on disclosure of confidential information (7) A person shall not be liable in any way for slany loss, damage or injury sustained by another person because of the giving in good faith of any information ora document to the Commission under this Section. 180.(1) This Section applies if at the time the information or document is given, the person giving it States that it is of confidential oro commercially sensitive nature. (2) The Commission shall not disclose infornation or the contents of document to any person unless it is: (a) of the opinion that: the the (i) the disclosure of the information or document would not be detrimental to the person supplying it; or (ii) although the disclosu. of the information or doc iments would be detrimental to the person supplying it, the public's benefit in disclosing it outweighs the detriment; and (b) of the opinion, in relation to any other person who is aware of the information or the contents of the document and who might be detrimentally affected by the disclosure that: 180 (i) the diselosure of the information or document would not be detrimental to that person; or (ii) although the diselosure of the information or docuтents would be detrimental to that person, the public's benefit in disclosing it outweighs the detriment; (c) giving the person who supplied the information or document a written notice stating that the Commission: (d) (i) wishes to diselose the informnation or contents of the document, specifying the nature of the intended disclosure and setting out detailed reasons why the Commission wishes to make the disclosure; and (ii) is of the opinion required by paragraph (a) and setting out detailced reasons why it is of that opinion; aware that the person who supplied the information or document in turn, received the information or document from another person and is aware of that other person's identity and address, the Commission gives that other person a written notice: 181 (i) containing the details required by paragraph (c); and (ii) stating that the Commission is Application for License 181. (1) (c) of the opinion required by paragraph (b) in relation to him, her or it and setting out detailed reasons why it is of that opinion; and shown that no Notice of Appeal is lodged in respect of any notice given under paragraph (c) or (d) within the time permitted by this Law. A person may apply to the Commission for the issue of a License authorizing the provision of the prescribed service in the Application. (2) An Application shall be in a Form approved by the Commission and be accompanied by such documents as may be determined by the Commission. (3) An Application must be acconpanied by the required application Fee fixed by the Commission. Determination of Application 182. (1) Subject to sub-section (2) of this Section the Commission may grant or refuse an Application for the issue of a License for any reason the Commission considers appropriate, having regard to the objectives specifiedd in Section 150 of this Law (2) The Commission may not grant an Application for the issue of a License 182 Provisions relating to Licenses (3) unless the Commission is satisficd that the Applicant has the capacity to comply with the conditions of the License. The Commission shall publish a Notice in a National Daily Newspaper generally circulating in the State: (a) specifying that an Application for a License in respect of the provision of the relevant prescribed services has been lodged withthe Commission by the person specified in the Notice; and (b) inviting interested persons to make submissions to the Commission in respeet of the application within the period and in the manner specified in the Notice. (4) Subject to this Section, the Commission may determine the procedures that are to apply in respeet of the issue of Licenses. (5) The Commission shall notify an Applicant in writing of its decision to grant or refuse to grant the application and, in the case of a decision to refuse to grant the application, of the reasons for its decision. 183. (1) A License is to be issued for such teru (if any) as is determined by the Commission and specified in the License. 183 つ Specific License 184. Conditions bolinsge aevitosido es (2) A License shall be subject to such conditions as are determined by the Commission. The conditions for grant of a License shall include provisions requiring the Licensee to: (a) pay specified Fees and Charges in respect of the License to the Commission; (b) enter into Agreements on specified terms or on terms of a specified type; (c) maintain specified accounting records and to prepare accounts according to specified principles: (d) comply with any relevant determination in respect of prescribed services; つ ROTHTrcrog selt ve (e) provide, in the manner and form determined by the Commission, such information as the Commission may from time to time require; and (f) specify procedures for variation or revocation of the License. Determination of 185. Fees and Charges The Fees and Charges to be specified in respect of a License are to be determined by the Commission having regard to the total amount of the costs and expenses of the Commission that are incurred or are likely to be incurred by the Commission in the exercise of its powers for or in connection with the performance of its functions and the achievement of its objectives in relation to the 184 Variation or 186. revocation of License Publication 187. Water Seetor. (1) (2) A License or the License conditions may be varied: (a) in accordance with the procedures specified in the License conditions; (b) by agrceement between the Commission and the Licensee; or (c) by a Notice in accordance with sub- section (2) servcd on the Licensee. The Commission shall not vary a License or the License conditions by a Notice unless: (a) the Commission is satisfied that the variation is necessary having regard to the objectives specified in Section 150 of this Law; and (b) the Comınission has given the Licensee an opportunity to make representations on the matter. (3) The Commission may revokc a License in accordance with the procedures specified in the License conditions. The Commission shall ensure that: (a) Notice of the grant of a Licensс, includes: (i) the name of the Licensee; (ii) the term of the License; and (iii) the place where a copy of 185 Transfer of 188. (1) License (2) (3) (4) (b) the License may be inspected; and Notice of a Variation or Revocation is published in the Government Gazette and a National Daily Newspaper circulating in the State and on the Internet as soon as possible afieг the grant of a License or the variation or Revocation, as the case requires. The holder of a License may apply to the Commission for approval to transfer the License. An Application shall be in the Form approved by the Commission and be accompanied by such documents as may be required by the Commission. An Application shall be accompanied by the application Fee fixed by the Commission. The Commission shall publish on the Internet and in a National Daily Newspaper generally circulating in the State, a Notice: (a) specifying that an Application for the transfer of the License has been lodged with the Commission or the transfer by the holder to a proposed Transferee specified in 186 (5) (6) (7) dL (8) the Notice; and (b) inviting interested persons to make submissions to the Commission in respect of the Application within the period and in the manner specified in the Notice. Subject to the provisions of this Section, the Commission may approve or refuse to approve the application for any reason it considers appropriate, having regard to the objectives specified in Section 150 of this Law. The Commission may not approve the Application unless it is satisfied that the proposed Transferee has the cаpаcity to comply with the conditions of the License. The Commission may determine that, on the transfer of the License under this Section, the conditions to which thc License is subject are varied as determined by the Commission. Subject to the provisions of this Section, the Commission may determine the procedures that shall apply in respect of the transfer of the License. rolzatmo tt brv (9) The Commission shall notify Applicant in writing of its decision approve or 187 refuse to approve an to the Prohibition 189. つい application and, in the case of a decision to refuse to approve the application, of the reasons for its decision. A person who is the provider of prescribed services must not engage in the provision of such services unless the person: Exemptions 190. (1) SIGL nottsugеЯ VR пота Bo Ivovbba l t roelpn (2) (a) is the holder of a License authorizing the provision of the relevant prescribed services; or (b) is exempted from the requirement to obtain a License in respect of the provision of the relevant prescribed services. The Governor on the advice of the Commission may by Order published in the Government Gazette, exempt a person from the requirement to obtain a License in respect of the provision of the prescribed services specified in the Order. An cxemption may be of general or specified application. yd notатиноC ept (3) An exemption is subject to such terms, conditions and limitations as are specified in the Order. a:o le VW Hous va to mon (4) crorl An Order under sub-section (1) may confer powers and functions on and leave any matter to be determined by, the Commission. 188 Environmental Audit Unit 191. (1) There is established an Environmental Audit Unit in the Commission. (2) (3) Funds and Resources 192. (1) (a) 231 bran 2noiteget bn eLSMOD The Unit shall monitor and ensure compliance by the Corporation and other operators in the Sector with Environmental Laws and Regulations in the State and any obligations as may be conferred by any Ruling of the Commission. The audited Report of the Unit shall be forwarded to the Commission bi- annually. The funds and resources Commission shall comprise: (b) of the a surcharge on Tariff payable by Consumers of Water, Waste Water and Sewerage Services, and other services in the Sector as the Commission may by Regulation decide, subject to the approval of the Governor; such sums or other property as may be advanced by way of Loans or Grants to the Commission by any Local Government Council or Statutory Corporation in the State, the Federal Government or any Agency or Institution of any such Government, any International Organization and Private Foundation 189 or any person GDOL 1COASEIVOS тосо o brm ROIC tt.ene Determination of 193. Surcharge (2) whatsoever; (c) any investments or other property whatsoever acquired by or vested in the Commission; (d) moncy carned or arising from any investments or other property acquired by or vested in the Commission; and (e) all other sums (whether as Water Rates, Water Charges, Waste Water and Sewerage charges or otherwise) or other property whatsoever which may in any manner become payable to or vested in the Commission in respect of its powers and duties or of any other incidental matter under this Law or by virtue of thc provisions of any other Law. A Surcharge shall be payable on License specified in Section 181(1) accordance with this Section. a in (3) The Surcharge is payable at such intervals and in such amounts as is determined by the Commission by notice in writing to the Licensee. The Surcharge to be specified in respect of a License shall be determined having regard to the total amount of the Costs and Expenses of the Commission that are incurred or are likely' to be incurred by the Commission in the exercise of its powers for or in connection with the performance of its functions and the 190 Water Sector 194. Fund OLOCOETN achievement of its objectives in relation to the Sector. PART VIII WATER SECTOR FUND (1) There is established for the Water Sector a Fund to be known as the Water Fund (hereinafter referred to as "the Fund"), which shal1 be administered by the Plateau State Water Sector Regulatory Commission. (2) The Fund shall be made up of funds from the following sources: (a) Loans and Grants; T COtub bIN REDwob ati to7 (b) such annual contribution by the State Government as the Governor may deem appropriate; (c) contributions from Donor Agencies; and no sldrва d Harl (d) contributions from Private Sector: (e) 2.5% deduction of all charges on Water Supply and Sanitation Services; (f Fines, Fees and Penalties; and (g) any other service Application of 195. the Fund (3) All funds received under the Fund shall be credited to the Special Account of thc Fund. All the monies accrued into the Trust FunP shall be applied for the following purposes: (a) improving or maintaining Water 191 urte Downstream Users; ид оCтUG I RI DIop bobtawE D tho тe (b) Quality and Water Quantity for maintaining regular flows of Water throughout the year; tebueVIZIO ttirs (c) maintaining or enhancing Natural Ecosystem Biodiversity, both Freshwater and Terrestrial; StelulIEVE ttobcs tHOINIL (d) improving or maintaining Human well-being and quality of Life for Upstream Human Communities; (e) creating a multi-Institution al governing body bringing together Public and Private Partners; (F creating opportunities that avoid costs of Water Treatment by investing in Nature instead oJ Infrastructure; (g) creating sustainable financing for long-term conservation efforts; and (h) operations of the Plateau State Water Sector Regulatory Commission. Management of the Trust Fund 196. (1) (2) The Commission shall open a dedicated Special Account with any reputable Bank into which monies accrued to the Fund shall be deposited. The Chairman of the Commission shall have powers, in consultation with Members of the Commission, to grant approval for the release of the funds in strict compliance with the provisions of Section 195 of this Law. 192