Law No. 28 of 20 February 1971 Governing the Water Development Agency

LAW No. 28 of 20 February, 1971. Governing the Water Development Agency. THE PRESIDENT OF THE SUPREME REVOLUTIONARY COUNCIL HAVING SEEN the First Charter of the Revolution of 21st October 1969; HAVING SEEN Law. of 1st August 1966, no. 13 concerning the Water Regulations; HAVING SEEN Law No. 16 of 1st April 1970, Governing Autnomous Agencies and Audit of Industrial and Economical undertakings and Credit Institutions with State participation. HAVING HEARD the Council of Secretaries; TAKING NOTE of the approval of the Supreme Revolutionary Council; HEREBY PROMULGATE the following Law: CHAPTER I GENERAL PROVISIONS Section 1 - Establishing water Development Agency Article 1 Water Development Agency 1. The Water Development Agency, hereinafter called «the Agency», is hereby established. It shall be an Autonomous Agency with juridical personality. 2. The Agency shall be subject to the provisions of the General Law governing Autonomous Agencies, Law No. 16 of 1 April 1970. 3. All moveable and immoveable properties, which at the time of coming into force of this Law belonged to the Mogadishu and Chsmaio Water Agency established by Law No. 2 of 11 December 1967 and the moveable propperties including equipment and vehicles, which on the aforesaid date belonged to the Water Department of the Ministry of Mineral and Water Resources are hereby transferred to the Agency. 4. The Agency shall succeed to all the rights and obligations of the Mogadishu, Chismaio, Water Agency and the Water Department in so far as they are compatible with this Law and any other provisions in force. Article 2 Supervision of the Agency 1. The Agency shall function under the supervision of the Secretary of State for Mineral and Water Resources. 2. The Secretary of State for Mineral and Water Resources may give the Agency such directives as he may consider necessary from time to time in order to ensure that it acts in accordance with the best interest of the State. Article 3 The Agency shall have its Head Office in Mogadishu and may establish branches in other places in the Republic. Article 4 Purposes 1. The main purpose of the Agency shall be the development of water resources within the territory of the Republic. 2. In furthering said purpose, the Agency shall promote: (a) the research of the necessary water resources; (b) the construction of acqueducts, water networks and distribution facilities; (c) the collection and the evaluation of all data relating to water resources and the potential thereof in the territory of the Somali Democratic Republic; (d) the development of research and studies in the field of water resources; (e) the preparation of comprehensive plans for the proper use of water resuorces; (f) the preparation, programming and execution of projects relating to water resources, in order to coordinate the use of water within the territory of the Republic; (g) the stipulation of contracts, conventions and agreements necessary to such end; (h) the provision of spare parts necessary for water plants of the various Local Governments. (i) the training of the subordinate technical and clerical personnel, in order to ensure the maximum efficiency of all service; (j) the determination of the cost of water facilities realized for the single Administrations of the local governments and the charging thereof to said Administrations; (k) the reimbursement of loans obtained from the State, the Public Agencies and national or foreign credit institutions. Article 5 General Powers 1. The Agency shall have all the powers necessary for the achievement of its objectives under this Law or any other law. 2. Notwithstanding the generality of the above provision, the Agency may use public or private right of way or public utility easements for the purposes of research and construction operations. 3. The Agency may obtain permits required for research and construction referred to in paragraph 2 of this Article, from the respective local governments. Article 6 Rights to expense reimbursement The Agency, where deemed appropriate shall exact from the single Municipal Administrations the reimbursement of the expenses incurred in for the realization of the water facilities built, and also for services rendered in connection therewith. Article 7 Power to hand over completed works to appropriate authorities The Agency must hand over completed water works, water points and related facilities to the appropriate Municipal Administration for their operations and maintenance. CHAPTER II ORGANIZATION Section 1 - General Manager Article 8 Appointment The General Manager of the Agency shall be appointed by decree of the President of the Supreme Revolutionary Council, on the proposal of the Secretary of State for Mineral and Water Resources having heard the Council of Secretaries. Article 9 Emoluments The emoluments of the General Manager of the Agency shall be established by decree of the President of the Supreme Revolutionary Council, on the proposal of the Secretary of State for Mineral and Water Resources having heard the Council of Secretaries. Article 10 Functions 1. The General Manager shall be the executive head of the Agency and shall represent it. 2. He may conclude operating contracts on behalf of the Agency. 3. He shall be responsible for the funds of the Agency and for the maintenance of its accounts. 4. In case of temporary absence or impediment, his functions shall be performed by an official of the Agency designated by the Secretary of State for Mineral and Water Resources. Section 2 - Staff Article 11 Staff 1. The Agency may appoint the staff required by it, provided that while establishing the staff requirements the Agency shall absorb all suitable personnel currently employed by the Water Department of the Ministry of Mineral and Water Resources. 2. No person, who has directly or indirectly any interest in a contract or contract of sale or lease with the Agency or in any work for the Agency, may become or remain a member of the Agency's staff. 3. The terms and conditions of services of the members of the staff of the Agency shall, subjects to any general rules governing the terms and conditions of service of the staff of autonomous agencies issued by Government, be established in the Regulations. CHAPTER III FINANCIAL PROVISIONS Article 12 Patrimony The patrimony of the Agency shall be: (a) an initial contribution made by the State; (b) any other contribution made by the State, or public or private bodies; (c) the income from realized water works and various services; (d) the assets of the Mogadishu Water Agency and the Water Department of the Ministry of Mineral and Water Resources, which are transferred to the Agency under Article 1 of this Law. Article 13 Reserves 1. The Agency may set aside reserves for its operations. 2. Except the Government disposes otherwise the reserves set aside for depreciation may be utilized only for the expansion or replacement of the Agency's plants and facilities. 3. The Regulations shall specify the use to which reserves other than those set apart for depreciation may be put. 4. Reserves may, without jeopordising the Agency's ability to meet its cash requirements, be invested on a long term or short term basis only in Government credit institutions or Government securities. Article 14 Authorized loans The Agency may, for purposes of its activity, obtain loans from financial institutions within the Republic and abroad, with the prior approval of the Secretary of State for Mineral and Water Resources. Article 15 Financial year The financial year for the Agency shall begin on 1st January and end on 31st December. Article 16 Budget The General Manager shall, not later than 30th September in each year, prepare a statement to be called the Annual Budget Statement for the next financial year, showing the estimated receipts and expenditure of the Agency. The Annual Budget Statement shall be submitted to the Ministry of Mineral and Water Resources and the Ministry of Finance. Article 17 Annual Accounts 1. Within 31st March in each year, the General Manager shall prepare the annual accounts, profit and loss statement of the Agency, and shall submit them to the Ministry Mineral and Water Resources and the Ministry of Finance. 2. The Secretary of State for Mineral and Water Resources shall, in consultation with the Secretary of State for Finance, be competent to approve the annual accounts and shall give instructions for their publication at the expense of the Agency. Article 18 Accounts The accounts of the Agency shall be maintained in the manner prescribed by any general rules issued by Government for the purpose and by its Regulations. Article 19 Audit The accounts of the Agency shall be audited by the separate unit established in the Office of the Magistrate of Accounts for the purpose of auditing Autonomous Agencies. Article 20 Exemption from taxation Neither the Government nor any other entity within the Republic shall subject the Agency to any taxes, fees, charges or levies of any kind including any tax, fee, charge or levy for the removal of underground water for the Agency's system, on the Agency's properties or revenues, or on the purchase or use of water supplied to the Agency. CHAPTER IV FINAL DIVISIONS Article 21 Regulations The Regulations of the Agency shall be issued by decree of the President of the Supreme Revolutionary Council, on the proposal of the Secretary of State for Mineral and Water Resources. Article 22 Internal rules Internal rules of the Agency may, subject to this Law and Regulations, be issued by the General Manager. The said internal rules shall be transmitted to the Secretary of State for Mineral and Water Resources who may, if he deems it necessary, return them for reconsideration and modification. Article 23 Repeal Law No. 2 of 11 December 1967 on the establishment of the Mogadishu Water Agency and Water Law No. 13 of 7 August 1966 are hereby repealed. Article 24 English text to prevail Where there is any conflict between the English and Italian texts, the English text shall prevail. Article 25 Entry into force 1. This Law will come into force on the 1st of May 1971 and will be published in the Official Bulletin of the Somali Democratic Republic. 2. All persons shall be obliged to observe it, and cause others to observe it, as a Law of the Republic. Mogadiscio, 20 February, 1971. Major General Mohamed Siad Barre PRESIDENT of the Supreme Revolutionary Council