The Rural Water Supply and Environmental Sanitation Agency Law, Chapter 154 of 2002

\B"IN 'i> � I .:uo.! •. 10.::un [CAP. 15-l 3808 Rural Water Supp(v anti £11vtruume11tal Sa11ira11on Agency Law Cll.-\l'TER 15-l RURAL WATER SUPPLY A:--JD E:--JVIRO:s.'ME:--JTAL SA:--JlTATrO. AGENCY LAW .\ Law 10 make pro,·ision for the establishment of the Rural Water upply and En,·ironmcnl:11 Sanitation Agency in the State and to pro--idc also for the establishment of Local Government and Communiry Commirrccs of lhe .-\gency and for matters connected 1hcrc11 ith or incidcnt:11 thereto. ( I ,t April. 2002] This La" m:1y be cited as The Rural Water Supply and E1l\ ironrncnt�tl S�1mt.:mo11 .-\gency LJw. In 1l11s Lm, - ··.\gene:, ·· means the Rural \\"ater Supply and Enqronmcntal Sa1111ation .\gcncy cs1abhshed pursualll to Scctton} or ibis La" ··Council . . means 1hc Govern mg Council or 1hc Agency. ··Chief Ex�cutl\·c ·· means the Exccmive Governor of the State or :my person acting on his behalf. --state .. means the . .\bia State of:,.;igeria. PART! E..i:::1lt1�hr.ll:'?ll I J, h-: \�t•:)L"V Ci) There 1s hereby established for the State a body to be known as the Rural Water and Env1ronmcn1al Sanitation Agency. The Agency shall be a body corporate. with perpetual succession anJ ..i common seal and with power to sue anti be sued 111 ns corporate name: The \gcncy shall have power lo own. hold and dispose of propeny whether movable or immovable withm and oulside >iigeria. [CAP. 15-l 3809 Rural Water Supply and Enwronmental Sanitation Agency law 4. There shall be for the Agency a Governing Council which shall comprise: (a) Secretary 10 the State Government -Chaim1an (b) The Commissioner for Finance and Economic Planning Member (c) The Commissioner for Health Member (d) The Commissioner for Education Member (c) The Commissioner for Environment and Solid :Vlineral :Vlember ( i) The Commissioner for Rural Development And Strategic Planning :Vlcmber (g) fhe Commissioner for Women Affairs Jnd Youth Development :\-!ember (h) The Executive Secretary State Planning Commission Member (i) The Programme Manager - Secretary • !ember 5. The Governing Council shall be responsible for decision and policy making of the Agency. 6. The . .\gcncy 1s mult1-disciplinary wnh the following departments and functions:- (i) (ii) Community :Vlobilization and Hygiene Education Department which shall - (a) co-ordmate Advocacy al the State and Local Government Arca Levels: (b) suppon Local Government Area to mobilize and train Communiucs to participate in Water and Environmental Sanitation Activities: (c) suppon Local Government Area to carry out Community Hygiene Education for behavioural change. Environmental Sanitation Depanment which will promote and suppon Environmental Sanitation Development including Corr:posiuon of the Council of� ,\gcnty Funcuonofthc U>\cm1ng Council Dl:pmrrcnts of the Agency :and their Functions Funcuoru of Lhc 7. '¼;ency [CAP. 15� 3810 Rural Water Supply and Environmemal Scmirarion Agency Law Latrine constn1ction. Waste Management System. Drainage System. Primary Environmem Care (PEC) and training of Technicians and Artisans. (iii) Water Supply Department function of which include - (a) carry om hydrogeological survey ( b) drilling and construction of borehole (c) alternative water supply (d) training of technicians and artisans (i\'/ Planning. :Vlonitoring and Evaluation Depanment which will be responsible for - (vi) (a) data collection and management. (b) development of project plans. \c) project monitonng :md evaluation. Workshop and :V!aintenancc Dcpanment which will (a) ensure proper upkeep of Machincnes. Equipment and Vehicles: and (bJ pro,·ide technical support 10 the State in procurement of vehicles. equipment and spare parts. Administration and Finance Department which will ensure proper administrative and financial control of the Agency. The Functions of the Agencv include: (a) The cstablishmcnl of working contact and report with all Local Governme111 in the State on issncs of water and environmental sanitation: (bl (c) Assist Local Governments in the provision of adequate safe water supply and environmental sanitation focili1tes and the rehabilitation and improvement of existing sources: Support the Local Government 10 take inventory of existing water supply and environmental sanitation coverage. use and maintenance st:itus: (d) (c) (f) (g) (hl (i) U> (k) (I) (m) (n) [CAP. 154 381 I Rural \Var er Supply and £11viro11111emal Sa11irario11 Agency Law The establishment of an award scheme to recognize Local government achievements in hygiene. education. water supply and environmental sanitation coverage: The selling of minimum standards for all water supply and environmental sanitation works in the state; The Co-ordination of rural water supply and environmental sanitation activities at the Local Government Arca and community levels: Monitor rural water supply and environmental sanitation ac1tvities at the Local Government Area and community levels: Ensure Guinea Worm and other Environmental Sanitatio1VWatcr borne diseases an: eradicated through hygiene education and provision of water and environmental sanitation facili1tes: Eru,ure pank! pation of women tn the State in the Agency's pTOJCCts: Liaise with the Federal :-Vlinistry of Water Resources for nauonal guidelines and reporting up-date data on water supply and environmental sanitation coverage 10 the '.\·!inis,ry·s Monitoring Units at quanerly intervals: The compilation and mainten:mee of a state wide inventory of water and environmemal sanitation sources including condition. type of pump or sources: The training on a continuous basis or Local Government dug well and manual-rig teams. sanitation artisans. community based hygiene education facilitators and hand pump mechanics: Support Local Governments that wish to have their own dug well and drilling rigs te:ims to produce and maintain such equipment: Assist Local Government to plan and implement I.heir water supply. environmental sanitation and hygiene education !::.1:it,l,;hm�l •I l.;:,;\�·,cm�1 WES Ot:p:i..rtnkf'.1 ,\·JICT ;;upph. ,mi.l En,1«-nn�c:.:il . ;;.tn11auon Otpanm�m (0) Ip) Rural Water Supply and Environmewal Sanitation A;;ency Law Programme.s devising schemes. which will Jllow community pamc,pation in terms of capacity building and maintenance: The constrnction of low technology Latrines such as SA'.'iPL.-\NT VENTILATE lMPROVED PIT LATRINES and demonstrated toilets units in strategic places in the Local Government Areas: The development of altemativc water supply sources and improved on 1hc existing wa1er supply sources for �ommuni1ie.\: (q) The co-ordination or activities of all rnral water ,upplies and environmental 'ianitauon act1\·ity in the State. PART'2 S. Thc:e ,hall he c,tahli,hcd :n each Local Go,·crnmem in the S1,11e \\ Jte, Supply Jnd En, mm mental Sann.nion Department t Hereim ft er cc,llcd the ··,kpartmcm··1 , i) .. The offic�rs or the department �hall include: Iii) ta) The Head of Department: With the following sub-officers: 1i1 Water Supply Officer 1ii1 Sc111itation Officer liii) Community Mobilization/Hygiene Education Officer I ivl Planning. �lo,rnormg and Evaluation Officer The Dcpartmcm shall be responsible for: (al The establishment of contact and report between the Agc:icy and all communitie� in lhc area: I b) The development of :rnnual plan of action and budget for the Local Government: [CAP. 154 3813 Rural Warer Supply 1111d Environmental Sanitation Agency Law (c) (d) (c) (g) Chi (i) lj) (kl (!) Encourage and establish water supply and environ�cntal san.itation committee and ensuring the maximum involvement of women: The compilation of an inventory and mainten�ce of water and sanitation facilities in all commumues and monitoring thereof of their operations: The identification and training or hand pump mechanics. caretakers. latrmes arusans and hygiene facilitators: The maintenance or records for plan and request concerning water supply and environmental sanit�tion hvgicnc education and olhcr sanitary activities in all c;�mum1ies in the Loci! Govt:nuncnt. :Vlobiliz1112 Jnd <iupponmg community Lmkagcs •,vilh other rclev�t developmental agencies antl orgamz:mon. Encourae:in!! �md supportmg tt.::.ichtrs in primary an<l post pru;,ary schools to teach and promote hygiene c<luc:nion to pupils �rnd members ol the communny . Contribute to the cratl1cat1on of water and environmental sanitation ,elated diseases in the Local Government Are.a. Liaise with the Agencv for progress rcpons and policy guidelines and �tandards: Workino with Non Governmental Organisations (NGOst Community Based Organisations (CBOs) in eollabore1tion with Local Government Area to promote the improvement or cons.tn1ction . of \:ater Jnd cnv1ronmcntJl ,;,anitat1on foc1li11es m �cnools. Trammg of water Supply and Environmental Sarutation Committee members lo plan and implement water supply and environmental sanitation in communities: Es1�hJ.hmcnt of WESCO,\! Compmmonof WESCO\i f-uncnon.s 01 WESCOM [CAP. 154 3814 Rural \Varer Supply and £11viro11111enral Sa11irarion Agency Law (m) (n) Promoting environmentdly friendly activities and awareness in communities: Promming good hygiene practices in the utilizmion and maintenance of water and environmental. sanitation facilities. PART3 9. There shall be for e:,ch community in the Local Government Area Water Supply and Environmental Sanitation Committee (Hereinafter called the "WESCOM·· 10. TI1e WESCOlVlE shall comprise: {a) Chainnan (b) Secretary (c) Treasurer (d) Financial Secretary (e) Two Ex.-officio i'vlembers Two of these members (above shall be Women). 11. The WESCOME shall: (a) Collaborate with department of Water Supply and Environmental Sanitation programmes on behalf of the community: (b) Undertake all necessary and relevant hygiene sanitation promouon in the community: (c) Encourngc development of skills to promote community participation with the active involvement of women: (d) Participate in planning, design. construction. operation of WES facilities: (e) Promote household food and water security in the community: Suppon the immuniz:nion/nmritional supplcme111auon of children in the community: 12. 13. (g) (h) [CAI'. 154 3815 R11rnl Wwer Supply u11d E11vironme11tnl Stmiwtion Agt.!ncy law Contribute to the eradication of water supply environmental sanitation related diseases m community: and the Mobilize the community to take active part in the construction of water supply and environmental strnitation facilities. P/\RT4 The funds or the ,\gcncv shall include contributions from: l. ti. iii. (a) The Federal Government of. igcria: (b) The State Government: (c) The Local Govemmem: ttl) Communities: tc) Donor Agencies: n,e contrihultons to the furn.l of the Agency shall he: (a) n,c Federal Go,·ernment oC�igcria: 50% (bl l'hc State Govemmcm: 25% (C) td) The Local Government; Community 20% S'Yu All cuntribution ,n section I 3(i) above shaH make adequate budl!ctarv provisions in respect of their conmbut,on. Don:r 1\ 0 gencies may comributc to the development of n iral water supply ,n the State financially or matenally from lime lo umc. 1-l. rhc ,\gency shall maintain accounts with approved bank(s) into which all lund shall be paid. 15. l. n,c 1\gency shall in November of each Year statement of ,tccounts of financial transacl!ons cndin�: prepare full for the year F'J:1d1 ..,1-n::­ ,11...::i�y:in.1 ::1::-11 C�ntnbu1� r \;nlr!hlllh'l'I :h.: .\¥�1.: Fund St:itcrrtcnt ul \ccounl Appoin;:mcm ol?:i'.-:Pmr.c \1;:,�;;e: Qwi11icuon of P,ogr.:invne \fan�ttt ;ind Fi.mrnoin Tenure Rcmov:il ol Ilic Progr-mme M:i:i:i.ger . . . . .\?:: ::.::,. ·- . .; . . . . . �"':-..... ff;;...:. *.;� ... •• � ii . [CAP. 154 3816 Rural Water Supply and Environmemal Sa11itatio11 Agency Law A withdrawal shall not be made from the Agency's accounts unless such is authorized and signed by the Programme Manager and the Accountant of the Agency; 111. The Governing Council may approve an alternative signatory in case of continued absence or infirmity of the Programme Manager. 1 6. The . .\gcncy may with the prior consent of the Chief Exccmive rati fied by the House of Assembly borrow such monies as may be required to carry out its functions under this Law. 17. i. Al l projects initiated by the Agency shall when completed, be handed over to b.: maintained by the WESCOM; i i . Benefiting communities are to provide security on project sites constniction and after due handover by the Agency. 1 8. There shall be a Programme Manager of the . .\gency appointed from the Civil Service who shall be appointed by the Chief Executive subject to the ratification of the State House of Assembly. I 9. The Programme Manager shall be a qualified Water E11gineeringProfessional and shall b.: so 4ualified for not less than ten years. 1 . He shall have previous experience i n water and environmental sanitation services; ii. The remuneration :md allowances of the Programme Manager shall be as may be spelt out in the instrument that appointed him. 10. The tenure of o11icc for the Programme Manager shall be five (5)years. 2 1 . The Governor shall remove the Programme Manager for incompetence and or misconduct upon an address supported by 2/3 majority of the members of the State House of Assembly. [ CAP. 15-l 38 1 7 Rural Water Supply and J:."nvrronmenwl Saniwtion ,lgency Law 22 The ,\!!ency shall recruit and/or request for secondment of qualilied staff from th; Civi lll'ublic service with the approval of the Governmg Council. 23. I. ii . i i i . I\ . Governing Council shall hold such meetings at such times and places as the Chairman may detem11nc. The Chaimrnn shall preside at every meeting of the Council and in his absence the members present shall elect one ol them to preside: !'he quorum oithe Council shall be six members: Proceedings of the Council shal � not be invalid only by reason of improper constitution ol the council or a defect tn the app<1intmcnt o fa member of the Council. 1� The Council mav make st:mding orders for the proper c?nduct o; its bu�incss Jnd the regulation of its proceedings or those ot any o HS communities. ,- Tl , Counci l mav appoint or conslltute standing o: �d-ho� ���mntc�� as the case may be. to pcrfonn any of its functions on its �chall. hut no decision or such commiucc shall have effect less the Council has con1irmcd tt. 16. t. IL (iii) iv n,c common seal of the ,\gcncy shall not be used o r affixed to a docum1.:nt unless in pursuance of a rcsolutton duly passed at a meeting of the council: The seal of the Agency shall be authenticated by the si,maturc of the Chaimian and the Progran1me Manager. .\;y contract or mstrumcnt. which would be required to be under seal if entered or executed by a person. may be entered mto or executed on behalf of the Agency by any person generally or specifically authorized in that behalf by the Council: Any document purported to be a document duly executed under the seal of the Agency shall be received m e·11dcncc $1:111ing Mceting o( 1hcCounc1\ St,:mt!ing Oules \u1nn1111ee uftllc Council 1\u1hent1c::1ion �i'Oocumcnts Lcg>l Proce-edi11gs Service fl( �otice 1\pplic:1uon of l'cnsions Acu L� C'lp J..J.<, (CAP. 1 54 38 1 8 Rural Water Supply und Env:ronmental Sa11ira1io11 Agency Law and shall unless the contrary is proved, be deemed 10 be so executed. 27. [n any action or proceedings by or against the Agency a legal officer shalt represent it or a private legal practitioner approved by the Attorney General of the State. ZS. All notices to the Agency shall be addressed to the Programme 'v(anagcr and delivered to its hc:1d office. 29. Service in the Agency shall be pensionable within the meaning ofthe Pensions Act. Section I . 3. -1. 5. 6. I . 8. 0 10. 1 1 . 1 2. 13 . l ➔. 1 5. 1 6 . 1 7. 1 8. 1 9. 20. Sale of food Luw CHAPTER 155 SALE OF FOOD LAW .-\rr::mgement of Sections [CAP. 155 38 1 9 Citation Interpretation Prohibition of the sale or anicl<:> of food not of the proper nature. substance and quality Provision for the sale of rnmpounded articles of iood Protection from offences by gi, ing 01 labcl. . . Prohibition of the abstraction of anv part or any amc!c ot rood before sale without not ice Appounmcnt of analysts. Purchaser may have food analy,ed Officer<; named may procure sampk 01 food to be Jna!:. ,ed Provision for de:1!111g with the $ample when purrha�ed Provision when the ,ample is not dinded Person rciusmg 10 sell any aniclc lO any officer liable 10 .t penally Fann of the certificate Proceedines aeainst offenders ; alyst's �crtiftcatc to be primafacie evidence Defendant in any prosecution to prove that he 1s protected bv exemption or provision. Defendant to be discharged if he proves that .1e bought the article in same state as �old and with a wriuea warranty (a) Misapplication of warranty (b) False w:m:mty (e) False label Proceedings and contracts not to be affected Certificate of analyst to be evidence in proceedings for offences under section 2-13 of the Criminal Co<lc. SCI IEDCLE