Shinyanga Municipal Council (Establishment and Maintenance of Water Sources and Environmental Sanitation) (Amendments) By-laws, 2001 (G.N. No. 237 of 2002)

GoVBRNMENT NOTICE No. 237 published on 7/06/2002 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT, 1982 (No. 8 OF 1982) BY-LAWS Made under section 80 . THE SHINYANGA MUNICIPAL COUNCIL (ESTABLISHMENT AND MAINTENANCE OF WATER SOURCES AND ENVIRONMENTAL SANITATION) (AMENDMENTS) BY-LAWS, 2001 I. These By-laws may be cited as the Shinyanga Municipal Council Citation (Establishment an.cl Maintenance of Water Sources and Environment GN 36 of 1999 1215 Shinyanga Municipal Council (Establishment and Maintenance of Water Sources and Environmental Sanitation (Amendment) G.N. No. 237 (contd.) Date of Operation Amend­ ment of By-law 3 Sanitation) (Amendments) By-laws 2001, and shall be read as one with the Shinyanga Town Council (Establishment and Maintenance or Water Sources and Environment Sanitation) By-laws 1999 herein after referred to as the Principal By-laws. 2; These By-laws shall come into operation on the date of publication in the Government Gazette. 3. By-law 3 of the principal By-law is amended by deleting the whole By-law and substituting for it the following definitions: "Council" means the Shinyanga Municipal Council; "Mtaa" means a part or division of a ward and includes a part or a division of township situated within an area under individuals of an urban authority; "Source of water" means a source of an improv~~d well; "Special Register" means a book containing records of registered water user group which are protected under these By-laws; "Village" means in relation to Village the Village of that Viliage where water facilities are allocated; "Village council" means the Village Council of the Village ·where water facilities are allocated; "Water facility" means an improved well fitted with a pump; "Water User Group (WUG)" mean., a group of individuals or Household at the Village or Mtaa level whose membership is open and are voluntarily united to establish and develop the source of water and maintain environmentat sanitation and it shall be mandatory under these By.;. . laws for every communal source ofwater established within the juris­ diction of the Council to be registered in the register of the Council. · Recognized Public Institution or Social Economic Development Group· with Legal Registration can as well establish and develop sources of water and shall be registered by the Council as a water user group in order to attain legal protection under these By-laws. 1216 Shim1,~1:;ii;1a C,,::,trndl (E:,-tablishment t1J'ld Maintenance ol' ;,/' t..,,1 ' " Wizter So1;, u,t!s and Em:iromnental Sanitation (Amendment) ~~--•:,.,•,:,,~.,,·,~•·>•c·,, .. •:. •;·.:·-, ·.c.,,.,. , ,.,,,,., .. , .. ,,,, .~,,;.,·,~,-;.--.C-. ... .......,....-• . -·--•• G.N. No. 237 (contd.) 4.. l,y~iav1l fi:.of tt:nl.') Principal By-laws is amended: (i) tty wioing inmiediarely after the word ViUage Coun-­ dl appearing in the first line of the By-law the word 1'Mtaa committee" h:,r de.i:;fogg the word "District Council" appearing iri th,': second Hne- of tbe proviso and substituting for it ihe words "Municipal Council" 5. By~law 5 Prh1:c.ipf 1 uy• t~w is hereby amended by deleting the whole section and ,;ubsfrluting; for it the foHowing new By-law: Respon­ sibility and obtiglltion ofthe members 5.-~{1) M0m.bt:{~ of water user groups shall have r:::spon­ sibiliiy .and obhg&Jii-,ns to protect their assets and water facil­ ity f'rolli theft or ds·.mage. · · , ,~) I:f' th~ ;;:;,,:.m;1; of p~.urnp equi •··· nent components are stolen or damaged, tile members of the water user group concerned shall have full resprmsihility and obligation to replace the sto­ len or ptJJJtp equipm .. ait/components within three or da..ri.age. (3) Where members of the water user group whose pump or pump equipment m't' stolen or damaged, fail to replace within the p1-escriood p•o:,dod, it sha.H be lawful for the Municipal Di­ rector upon a re:roiution of the Council in that behalf to issue wmrru:it in ti]~ form i>iet out in schedule "B" (to the Court Bro­ ker requiring him ro distain upon the personal goods and chat­ tels of such miembers of the water user group to the value of such surn in r,ro1er to replace a stolen or damaged pump or pump eqiiipHktm1/r:;omponent. Provided that such w~rwant shaH not be issued unless· t.he period of three months reforred to J,1 sub By-law (2) have expired; 6. By"law 8 of the Pdn .: Ipu. 1 hy"•law is hereby a.mended by deleting the whole sectioflt hthe foU.Gwfog By~law: Creation of Nuisa­ nce m1d Chaos 8. Any ?tn:i;A.1 y,hc, shall create nuisance or chaos at tho sm.1.n:/! of V/ltt:ct hy rlisr,1rbiug mem.bers of water user group or r.; entitled to coHect water commits an offence. 1217 Amend . mentof By-law 6 Amend­ ment of B)•law S Amend­ ment of By-law 8 Shinyanga Municipal Council (Establishment and Maintenance of Water Sources and Environmental Sanitation (Amendment) G.N. No. 237 (contd.) Amend­ ment of By-Jaw 9 Amend­ ment of By-law 10 Amend­ ment of By-law 11 Amend• mmtof By-law 12 7. By-law 9 of the Principal By-laws is hereby amended by deleting he whole by-law and substituting for it the following new by-law: Construc­ tion of pit latrine or refuse facility or sources of water 9-{1 ). Any person who shall construct a pit latrine of hole for the reception of night foul, urine, dirty water or rubbish of any description within thirty metres from the source of water shaJJ be guilty of an offence and shall be liable on conviction to a fine of ten thousand shillings and shall be completed to de­ struct or hurry the hole or pit latrine constructed. (2) Any Water User Group or Public Institution or Social Economic Group or Individual person who shall construct a Source of water within thirty metres from a constructed pit latrine or hole used for reception of night foul, urine, dirty water or rubbish of any description commits an offence under these By-Jaws and shall be compelled forthwith to destruct and or hurry the well so constructed. 8. By-Jaw 10 of the Principal By-laws is hereby amended by deleting the whole section and substituting for it the following new section: Wash of clothes, body or g,ain 10. Any person who shall wash clothes of any kind of grain or urinate or allow animals to drink in a domestic water supply source or sources of water commits an offence. 9. By-law 11 of the Principal By-Jaws is hereby amended by deleting the section and substituting for it the following new By-Jaws: Deposit­ ing of foul matters 1 I. Any person who shall throw foul matter or thing or deposit or cause to be deposited noxious matter or throw dirty water or allow any foul or thing or dirty water to flow into or upon any water supply sources or·source of water commits. an offence. 10. By-law 12 of the Principal By-laws is hereby amended: Deposit­ ing of foul matters 12-{l) By adding immediately after the word "Ward Executive Officer" appearing in the first line of the by-law the word "Division Secretary". 1218 Shinyanga Municipal Council (Estal,lishment and Maintenance of Water Sources and Environmental Sanitation (Amendment) G.N. No. 237 (conJd) (2) By adding immediately after the word "Country" appearing in the sixth line of the section the following words "and shall have powers under these By-laws to take legal action including taking to court anybody or member of the water user group who shall contravene any provision of these By-laws. 11. By-law 13 of the Principal By-laws is hereby amended by delet­ ing the whole section and substituting for it the following new By-law: Theft deslruc­ tion and penalty. 13. Any pedon who shall destroy or steal or tamper with a pump or any part of the instrument from the source of water is guilt of an offence and upon conviction shall be liable to a fine exceeding Tshs. l 0,000/= or an imprisoDJnent for a term not exceeding five months or to pay back forth­ with the destroyed or stole or tempered pump or part of instrument at the current price. t 2. By-law 14 of the Principal By-laws is here~ amended by deleting the words "Shs. 5,000/= appearing in the third line of the section and substituting for it the words "Shs. 10,000/=". SCHEDULE SHINYANOA MUNICIPAL COUNCil. FORM OF SUMMARY WARRANT OF A1TACHMENT AND SALE MOM under Section S (Ill) To the Court Broker .......................................................................................................... : ·············································~··· •--••••••••••••••••••••••••••••••••••••• .. ••••••••••••••••••••• .. ••• .. •••••••• .. ••••h•• .. ••• .. • .. ••• .. ••••••••••••••••••ouoo•••••••• .. •••••••• These arc to command you to attach and hold the personal goods. or chattel of Mr.lMn./ Miss/Ms . ..................................................................................... " ............................... of ................................................ Village • set tbrth in the schedule hereto, unless the said ........ : ......................................... shall pay the sum of Tsbs. .. ............................................. .. being the contribution to replace a stolen or damageo pump or pump equipment which belongs to ... ...................................... Water user group and affix the samo to this eourt house and after making due proclamalion · to sell by auction the same or so much thereof as shall be the cost of attachment. 1219 Amend­ mentof By-law 13 Amend­ ment of By-law 14 Shinyanga Municipal Council (Establishment and Maintenance of Water Sources and Enviro,, mental Sanitation (Amendment) G.N. No. 237 (contd.) Your are f\lrtbcr commanded to return this warrant on or before the ................................. . day of ........................................ with an endorsement certifying the manner in which it has been executed or the reason why it. has not been executed. Given under my hand and the seal of the court this .................................................. day of ............................................................ Magutrate The Common Seal of the Shinyanga Municipal Council was affixed to these By-laws in pursuance of a meeting of the Council duly convened· and held on 23n1 October, 200 l and it was affixed in the presence of: J.M. MATONDO Mayor N. A. K. MWAIKUKA Municipal Director I APPROVE, Dodoma, 12th February, 2002. BRIO. GEN. (Rm.) HAssAN NOWILIZI, (MP.), Minister of State, President's Office, Regional Administr(Jlion and Local Government 1220