The Adamawa State Small Towns Water Supply and Sanitation Agency Law, no. 8 of 2011

t l • . No. 31 Adamawa State ofNigeria Gazette Published by Authority YOLA - 30th May, 2013 Adamawa State Notice No. 31 The following is published as Supplement to thi'S Gazette:- Vol.11 ADS. Law No. 8 of2011- Adamawa State Small Towns Water Supply and Sanitation Agency,Law2011 Al -A9 Printed and Published by the Directorate of Printing Services, Yola. .I !i '.I 11 '•'r"" · i Adamawa.State of Nigeria Gazette No. 31, Vol. 11, 23rd May 2013 - Supplement Part A-Al r-ADAMAWA STATEHOUSEOF ASSEMBLY SMALL WATER SUPPLY AND SANITATION AGENCYLAW, :) :()11 Adamawa State of Nigeria Law No. 8 of2011 A Law to provide for the establishment of the Adamawa State Small Towns Water Supply and Sanitation Agency and for matters incidental thereto. {30th July, 2011} BE IT ENACTED by the House of Assembly of Adamawa State of Nigeria and by the authority of same as follows:- 1. This Law may be cited as the Adamawa State Small Towns Water Supply and Sanitation Agency Law 2011 and shall come into operation on 30th day of July, 2011. 2. In this Law unless the context otherwise requires:- "Agency" means Adamawa State Small Towns Water Supply and Sanitation Agency; "Commission means the Commissioner responsible for Water Resources; "Financial Year"means the twelve months ending on 31st day December in any year; "Government" means Government of Adamawa State; "Governor" means the Executive Governor of Adamawa State; "Small Towns" means towns with limited infrasructure and having minimum population of 5,000 and maximum population of 20,000; and "State" means Adamawa State of Nigeria. Date of Commencement. Short title and Commencement. lntcrprctation. Adamawa State Small Towns Water Supply and Sanitation Agency, Law 2911 Law No. 8 of2011 A3 (c) construct any work for .yater supply or sanitation on or in any land in the �tate; and (d) do anything that may lawfully be done to enhance its efficiency in the exercise of its functions. 6. ( 1) The Governor may give the Agency directions of a general or special nature in exercise of its functions and the Agency shall comply with the directions. (2) Without prejudice to Sub-section ( 1) of this Section the Ministry of Water Resources shall on behalf of the State Government supervise the activities of the Agency and shall servce as its parent Ministry. 7. (1) There shall be for the Agency a Programme Manager who shall be Chief Executive and be appointed by the Governor. (2) The person to be appointed Programme Manager shall be qualified registered Water Resources Engineer or Geo-Scientist with a minimum of fifteen (15) years wmking experience in the State Civil Service. (3) The Programme Manager shall be responsible for the day­ to-day administration of the Agency. 8. Without Prejudice to the generality of SubSection ( 1) of Section 7 of this Law, the Agency shall have power to:- (a) appoint such other staff for the conduct of its day­ to-day business as it may determine; (b) pay its staff such remunerations and allowances as it may with approval of the Commissioner subject to Government regulations; and ( c) pay in respect of any staff such as pensions and gratuities as are payable to persons of equivalent grade in the Civil Service of Adamawa State. 9. The sources of funds and resources of the Agency shall be:- (a) such sums or other property as may be advanced as loan, grant or appropriation to the Agency by the Government; Direction by the Governor. App<lintment of· Programme Manager. Other staff of the Agency. Funds of the Agency. i J . f ! ,... ;.,- ·' A4 Law No. 8 of 2011 Adamawa State Small Towns Water Supply and Sanitation Agency, Law 201 I Power to Borrow money. (b) (c) suc4- sums or other property whatsoever as may be advances as loan grant to the Agency by township, local government statutory corporation, any Government Agency or institution of any such Government, an international organization, private foundation and all other sums or property which may in any manner become payable to or vested in the Agency in respect of any matter incidental to its functions and powers under this Law. 10. (1) The Agency may borrow sums required by it for meeting any of its obligations or discharging of its functions under this Law. (2) The power of the Agency shall be exercisable only with the approval of the Governor as to the amount of loan and the sources of borrowintg. (3) The approval'may be either general or limted to a particu­ lar borrowing, or subject to any condition which the Governor may impose. Record of Account. 11. The Agency shall:- ( a) keep proper accounts of its transactions; (b) keep proper records relating to the accounts, and prepare in respect of each financial year statement of such accounts in a form prescribed by the State Auditor-General; ( c) the book and accounts of the Agency shall within 3 months after the end of each financial year be audited in accordance with the Constitution of the Federal Republic ofNigeria 1999; (d) the Agency shall pay fees in respect of the audit to its External Auditors appointed by the StateAuditor­ General who may provide guidelines on the levels of fees to be paid to the External Auditors; Adamawa State Small Towns Water Sµpply and Sanitation Agency, Law 20U · Law No. 8 of2011 AS (e) it shall be the duty of the Age ncy as soon as possible in receiving the External Auditor's report under this section to forward a copy of each to the State Auditor-General, the Commissioner, and the (±) (g) Governor; the State Auditor-General may comment on the Agency's annual accounts .and the External Auditor's report; where the State Auditor-General comments on the annual accounts and External Auditor's report, he shall submit his comments to the Commissioneer and the Governor. 12. (I) Where after receiving a copy of the Auditor-General's report Audi10,-General's the Commissioner is satisfied that:- Report. (a) any sum due to the Agency has not been duly brought to account by any person by whom such sums ought to have been brought into account; or (b) a deficiency in the monies or destruction of property of the Agency occurred by reason of negligence, breach of official duty or other misconduct of any persons the Commissioner may surcharge the amount of such loss or destruction of the property upon that person. (2) Before exercising his power under Sub-section (1) of this Section, the Commissioner may in writing appoint persons to · conduct an inquiry for the purpose of determining the cause or extent or value of deficiency, loss or destruction referred to in Sub-section (1) of this Law. (3) If the Commissioner decides to swcharge any amount upon any person under Sub-section ( 1) of this section, he shall cause a notice to be served on that person or his legal representative to pay the amount surcharged within such period as may be speci­ fied in the notice. ""'·•' / / , ' Adamawa State Small Towns Water A6 Law No. 8 of2011 Supply and Sanitation Agency, Law 2011 Recovery of Surcharge. (4) Notwithstanding Sub-section (I) and (3) of this Section, no liability to surcharge shall be incuiTed by any person who can prove to the satisfaction of the Commissioner that he acted in pursuance of or in accordance with the terms of a resolution of the Agency or any committee duly appointed under this Law. 13. Any amount notified as a surcharge under Sub-section (3) of section 12 of this Law shall be sued for and recovered irt any court of competent jurisdiction-with full couse of action from the person upon whom the amount is surcharge as a debt due to the Agency. Contribution Scheme 14. (1) The Agency shall within one year after the coming into for officers and , f thi La bl' h 'b h "' ; ffi Employees of the ·operation o s w esta 1s contn utory sc eme 1or its o cers Agency. or employees. (2) For the purpose of Sub-Section (1) of this Section the Agency shall:- (a) grant pensions, gratuttes or other benefits to any of the officers or employees of the Agency and their dependants and may require such officers or employees to contribute to ariy pensioner or contributory scheme; (b) grant loan to any of the officers or employees of the Agency for such purpose as the Agency may approve; and (c) provide welfare facilities to its officers and employees. (3) The Agency shall make regulations to give effect to this Section. Action by orogainsr 15. The Agency may sue or be sued in its corporate name pro- theAgency. vided that:- / (a) no suit againstthe Agency or employee of the Agency for any act done in pursuance of any of the functions of the Agency or in respect of any alleged neglect or default in the execution of such function shall lie or instituted in any court unless ; l / , I l. i, ASJ,�w No. 8 of2011 Adamawa State Small Towns Water "Supply and Sanitation Agency, Law 2011 Financialandmaterial 18. (1) The Agency·shall give financial and material support to �::,:��1]�; the communities who through their Water Consumer Association (WCA) embark on water supply or sanitation project for the purpose of provision of portable water or sanitation facilities. (2) For the purpose of Subsection (1) 'of this Section Water Consumer Association public spirited organization may impose levies on members or its community or raise funds or organize commercial labour for the improvement of water supply and sani- tation in their towns. This printed impression has been carefully compared by me with the Bill which has passed the House and found by me to be aJrue and correctly printed copy of the Bill. ASMA'U G. SALIMU (DR.) Clerk to Adamawa'State House of Assembly. I assent this30th day of July, 2011. MURTALA fl. NYAKO Governor. Adamawa State of Nigeria.· I