Borno State Rural Water Supply Agency Law, no. 7 of 2001

BORNO STATE GOVERNMENT OF NIGERIA GAZETTE .BORNO STATE RURAL WATER SUPPLY AGENCY LAW 2001 No. 7 BORNO STATE OF NIGERIA Gazette Published by Authority Mniduguri, 15th February, 2018 Barno State Notice No. The following is published as Supplement to this Gazette: Pa;:cs J-5 Vol. 43 BOS. Law. No. 7 of2001-The Borno State Rural Water Supply Agency Law, 2001. Primed and Publishro by the Director of Prin1ing, Maidugurl. GPM n/2018/500 Annual subscription: Nigeria N24,000.00 Overseas N48,000.00, post free presenl issue: N2000.00 per copy Application for the purchase of Gazelle and other Governmen1 Publications should be submined to the Director of Printing, 13omo S1n1c Pos1 Oflice Box 179, Maiduguri. RcmiuancCs should be in money or Postal Order, crossed and made payable 10 the Director of Printing Maiduguri. Postage Stamp are not Acceptable. •Ga:«llt No I ,C,/, JJ ofAlaudm1 J111t F«/lrwJrv. JOI& toyofJ:,nua,y.2001 ALHJAI MALA KACHALLAH Governor Domo Slate of Nigeria A BILL FOR Barno Slate of Nigeria 2018 for the Establishment of Bomo State Rural Water Supply Agency :ement: ( ) IMINARY JT ENACTED by the Bomo State House of Assembly of Nigeria as follows:· .is Law may be cited as the Bomo State Rural Water Supply Agency Law , 200 I this Law unless the Conu:xt otherwise requires: .ppropriate Authority" means the p,:rson for the time being having ;ponsibility of the area; gcncy" means the Bomo State Rural Water Supply Agency; cncral Manager" means the General Manager of the Agency; ovcmor" means the Governor of the State; ural Arca" means a LOC41 community; .. ural Water Supply" means the supply of water to local communities through reholcs wells, earth dams, etc. talc " ~cans Bomo State of Nigeria; lanagement" means the General Manager and the Directors of the Agency; me is hereby established a body to be called the Bomo Sl4te Rural "'.'ater ipply Agency which shall be a body corporate with pc~tual succession an~ :ommon seal and which shall have power and the functions conferred upon 11 , this Law and it Shall have the power to sue or be sued in its corporate name. r BornoSto~ Rural Kbt«r S"Pft>:AK!"'"" Lat~ F- 4(1). (2). s. There sboll be a Governing Boan! for tbc Rural Waler Supply Agenq The Board shall comprise of a Chairman and live other Members. The functions oflhe Agency shall bc:- (i) To conb'OI and manager nual water works; (ii) To establish, manage, cxlald and develop rural water works for the pwpose of providing waur for consumption; (iii) To provide nual boreholes, well sinking, rural sanitation and maintenance; (iv) To mobilize rural people for community training and Development; (v) To create public, relation in rural community on the need to em­ on self-help projects and tbcir ~tenance; (vi) To promote and encourage co1111DW1al interest and panicipaiion ; rural waler works; and ( vii) Such olher functions as the Governor may confer on tbc Board which can be performed conveniently with tbc afore Slated functions. 6. {I) For the purpose ofcanyingout its l\lnctions under the Law and any other enactment, the Agency shall have power:• (a) To acquire and car-mark land in rural area In consultation with tJ approprialc authority for purpose of the sinking wells, c:onsuucti1 earth dams, providing cautc b'Oughs and boreholes; (b) To acquire and distribute materials to rural communities for the purpose of sinking wells or laying pipes; (c) To enter any land in the rural aras, after serving a written ootice, for purpose of the examine any surface or under ground wa1er so to detennine ilS productivity, quality and quantity. (d) To examine and test the cxislencc and extent of pollution in water and provide remedies therefore;. (e) To coostruct supporting structure to wells or artesian wells, (I) To inspeCI any water works aod to check wastage, obstruction or • damage 10 any service; (g) To liaise with donor agencies on all poverty alleviation prognmm, (or whalever name that may be called): {h) To cxtnct water from under ground sources by means of sinking boreholes, wells, artesian wells and the consbUction of their supporting sbUcturcs; 2 raurS11eeJr,.fgma,Ullr. No/ lo/ . ./Jof}.fo,,,d,n, 1111,Fdruan: ~IS (i) To enter any land or premises after giving notice, where practicable, 10 the owners or occupiers, for the purpose of asccnaining the amount of water used or 10 be used; and (j) Con11olling the supply of waler to any rural area in the State. !). The Agency shall in addition have powers lo coler into any agreement for the sinking of any earth dam, well or the drilling of any borehole or examining the quality or quantity of waler supplied or 10 be supplied in any rwal area in the stale. There shall be a General Manager to be appointed by the Governor to take charge of the Agency as the Chief Executive. The Agency shall have 1he following Directorates: • (a) Direc1ora1e of PmOMel Management which shall be responsible for the recruitment, promo1ion, discipline, slllfftraining and development, (b) Direc1orate of finance and supply which shall be responsible for Financial managemcol, slorcs, purchasing and supplies; (c) Dircc1on11e of PlaMing. Research and S1a1is1ics whic~ shall be responsible for planning. research, slatistic, monitoring and evaluation, (d) Directorate of works and waler supply which shall be responsible for rural boreholes, well sinking, pipe laying, over head lanlcs, rural sanitalion, maintenance, cattle troughs, earth dams and galleries. (c) Direc1oratc of Community mobilization which shall be responsible for public relations, mobilization, community training and development. 2) The dircc1ora1e mentioned under paragraph (a) 10 (e) of this section shall be headed by a Director with requisite qualifications in the relevant fields or as may be specified by the Governor. The Agency shall work in consulllltion with donor agencies on all poverty alleviation pmgramrnes geared towards rural water supply. (I) The management shall hold meetings as may be necessary for lhe due performance of its functions prov'ided that it should hold at least four meeting.5 in every year. (2) The Chainnan shall upon the request in writing signed by at least six members of the board summon a special meeting of the Board within fowtccn days of such request. (3) At any meeting of the Board, 1he Chairman shall preside, and in his absence, the members present shall elect a person among their number to PfC5ide al that meeting. 3 o l IJo,no Slate R~J Wol~r Sup('ly A£tlt£Y Lat,,. No I Vol. JJ of.Mond:ry 11th F', 0,.- c...,,... f- ....... - (4) Every question coming befon: the Board 11 ony meeting shall be dcci simple majority of the votes of members present and voting. but in 1 equality of votes, the Chairman or the person presiding s6all have a second or casting vote. (S) The validity of the pmceeding.5 of the Board shall not be affected by vacancy among it members or any by defect in the appointment of a them. (6) Subject 10 the pmvision of this Law, the Board may make standing c for the pwpose of regulating its own procedure. 11. The quorum of any meeting of the Board shall not be less than halftl number of the members. 12. The Board may at any 1lm.e co-opt any person lo attend its meetings, such a C!>-Opted person shall not be entitled to vote al any such mecti on any matter for 1he decision of 1he Board. a. The ftands and resources of the Agency shall consist of:• (a) Sums of money as may from time 10 time be granted or appn 10 the Agcocy by the Slate or Federal Government, Govcmm Institutions or any other body or organization; (b) All funds assets, resources undertakings and such rights and: as 1he Agency may from time 10 lime acquire and all monies, dividends and other benefits derived, earned or arising lherel (c) All charges, rent, rale and other payment for the services it 11 and ( d) All such sums of money or pmpcrty which may in any manr become payable to or vested in the Agency in respect of any incidcotal to its functions and powers under this Law. 14.(1) The Agency shall P.l'epare detalled estimate of its income and expend for the following year and submit same for appmval 10 1hc Govern01 (2) The Expendihlre of the Agency shall be in accordance with the fin an regulation appmved by the Governor. IS. The Agency shall keep proper books of accounts and n:conls which shall be audited by the State Auditor • General al the end of each fin year. ..... ...... No I Joi . ./J o{AIOl'llkt,; 11th F,,,, ..., 1011 16. The Agency shall as soon as possible al lhe end of each financial year cause 10 be submitted to lhe Governor, an aMual report of the Agency's dealings generally wilh the activilies and opentions oflhe Agency during lhat year, which shall wilhout prejudiee to tlie generality oflhe foregoing include:- (a) A copy ofaudited a=unts of the Agency; (b) Such other information as the Governor may request 17. Ally penon who contravenes any provision of thls Law in =pect of whieh no penalty is prescribed coqunits an offence and shall be Hable on conviction to fine nol exceeding Five Thousand Naira (NS,000:00) or imprisonment for a term not exceeding three months or both. 18. (I) All S1afT of the Agency shall not be liable for any act or omission which is done in good faith in :he course of' lheir duties. 19. (2) The seal oflheAgency shall be aulhenticated by the general Manager. The Governor may give directions of specific or general nalure 10 the agency and the Agency shall give effect to such directions. EXPLANATORY NOTE This printed impression has been carefully compared by me with the Law which has passed the Bomo State House of Assembly and Found by me to be a true and correctly printed copy of the Law. 5 BABA GEIDAM MAI Clerk of the Bomo State House of Assembly . ..