Water Board Law (Cap. 141)

, ,, lf"mer Board CHAPTER 141 Vi.ATER BOARD ICAP. 141 A LA\\ T<.• EST,.,,BLISH A \\'ATER BOARD FOR TH.C STATE FUP THC PURPOSE Of CONTROLL 1N0 •\ND l\1ANAGJr-:G \\ ATERWORKS JJf~(l\'IDING \VATER AND FOR PURJ'OSES CONNECrEC THEREWITH l'\!:.'S :!d IQ- J. Kl1S 1, of !'J~o. 1:.0:,:: of IQ-f; KDc- IC 1~- , .i • •• ,ir ['.:,I.' KT~LN I of 198S. ~TS I of 1988. [ I Af'ri/ 1971] Date of PART 1-PRELH,·tlNAR\' commcnce­ mtnL 1.-( I) This Law may be cited as the Katsina State \Vatcr Board Title. com• La,,,. ~~dn~~;!~~1~- tion. (2) Subject to thr pro,·isions of subsection (3). this Law shall apply to such areas as the Governor ma~. from time 10 time. by order designate and in any order the Governor may exempt any waterworks or any type ofwhterworks from the pro,·isions of such order. (3) This Law shall not apply to water from such sources as may be declared under the Constitution to be sources affecting more than one State. as defined in such Constitution. !;.DS 6 of !9i6. 2. In this Lav,; unless the-contexi otherwise requires:- lnterprc1a- ··appointed day'" means the date on \i..1hich this Law shall come irES 5 of into operation: --assessed value" in relation to a tenement means the \·aluc at wi1ich the tenement is for the time being assessed in accor- 197S. dance with the pro,·isions of the Local Government Law: Cap. 79. "the Board" means the Karsina State \\'ater Board es1ablishcd under section 3: i 'i' ::W:::!6 CAP. 141] ll"a1er Board --catchment area•· means an) area of land or water from which water contributes 10 the supply of an~ waterworks: ··the Chairman .. means the Chairman appoimed under sub­ section (2) of section 4: .. dwelling house·· means any premises used wholly or mainly for the purposes of private dwelling. with or wi1hou1 any garage. oulhouse. garden. compound. yard. coun. forecourt or other appurtenances belonging thereto or usuallY ,·njoyed therewith: '"c~cess consumption·· means:- (a) in the case of a tenement in respect of which the general water rate is not payable. any quantity of water ascer­ tained by meter as having been used in such tenement: (/,) in the case of a tenement in respect of which the general water rate is paid. any quantity of water ascenaincd by meter as ha,·ing been used in such tenement in excess of such monthly allowance as may be prescribed: ••financial year·· means the twelve months ending in the 31st da~ of December in any year: --gathering ground .. means any surface of land or wmer which collects rainfall for the purposes of any waterworks: ··Governor·· means the Governor of the State: .. health officer .. includes a medical officer of health. a health inspector or other person acting under the authority. whether general or special. of the medical officer of health. and whether such health inspector or other person is scn·ing in the medical or health departments of the Go\'ernmcm or is in the scr\'ice of a local government: --member·· means a member of the Board and includes the Chairman: ··meter"· means an) appliance used for measuring. ascertain­ ing or regulating. the amount of water taken or used from any waterworks by means of any service: ··metered supplv .. means a suppl) b) means ofa scn·ice where the water supplied is measured by meter: ··occupier" means the person in occupation of a 1enemcm in respect of which the word is used or any part of such tenement. but docs not include a lodger: ll"a1er Board [CAP. 1-11 ··owner·· means the person for the time being receiving the rent of the tenement in respect of which the word is used. whether on his own account or as agent or trustee for any other person. or who would recci,·e the rent if such tenement :vcre let to a tenant. and includes the holder of a tenement direct from the State whether under lease. licence or otherwise: '"Permanent Sccrctarv·· means the Permanent Secretary in K.TS I ot charg1.: of Parastatal ..\u1hori1ies: 1988 • ··pri,·atc supply·· means a ~uppl: by means of a service 10 any tenement for the purpose or supplying water tO be used solely within the area of such tenement: ··public fountain·· means any founiain. standpipe. \'Hive. iap or appliance used or intended t0 he used for or in connection with the supply of water to the public-from any waterworks. and vested in or erected or hereafter to be erected by the Board and which is the property thereof: ··public supplv·· means a suppl, h) means of any public fountain. standpipe. Yalve. tap or other appliance for supply­ ing water to the public other than a private supply: ··scrvicC''. means all pipes. Yalvcs. cisterns. cocks. fittings. and other appliances. other than a mcicr. by or 1hrough which water flows or is intended to OO\\ from a waterworks: ··street·· includes an, square. court. highway. road. thorough­ fare or public passage or place over which the public have a right of way: ··1enemen1 .. mean~ any land with or without buildings which is held or occupied as~ distinct or separate holding or tenancy or any wharf or pier: --waterworks·· means all rescr\'oirs. ponds. bore-holes. and wells which arc used with a1n dam. weir. tank. cistern. tunnel. filter bed. conduit. aqueduct. main. pipe. fountain. sluice. \·alve. pump. engine or an~ other structure or appliance used or constructed for 1he storage. conYcyancc. supply. measure• mcnt or rcgulm ion of water. I! Fflljl., 2028 Establ!sh­ mem of the Bo:i.rd. Con~;m11:on Oi th.· board. KTS I of 1988 Supplemen­ tary pro­ visions: Schedule. Dut1::s of the Board m re­ Sp!!Ct of the taking-over. csmblish­ mcnt. and manae!:mt'nl of walt'r­ works and thr supply of water. KOS 5 of 19i8. CAP. 141) 11·mer Board PART I I-ESTABLISHMENT. CONSTITUTION AND FUNCTIONS OF THE BOARD 3. There shall be established for the State a bod, called the 1'.atsina State Water Board which shall be a bod) coii,orate with perpetual succession and a common seal and which shall have power to sue and be sued in its corporate name. 4.-( I J The Board shall consist of a Chairman and nc,t less than tii1necn other members. (2) The Chairmar. and the other members shall be appoim~d b,· the Permanent Secretary: • Provided that in appointing the members the Permanent Secre­ tary shall appoint at least two persons who. in his opinion. will represent adequately the interests of water consumers. (3) There shall be paid out of the funds of the Board to each member. not being an ofTicer in the public service of the State. such remuneration. if any. whether by way of salary. fees or allowances as the Permanent Secretary may determine. (4) A member shall not be personally liable for an,· act or anv omission 10 do any act or any default of the Board so iong as suci1 act. omission or dcfauh is in the course of the operations of the Board and in good faith. 5. The provisions contained in the Schedule shall haYc effect with respect to the constitution and proceedings of the Board. 6. It shall be the duty of the Board subject to the pro,·isions of this Law:- (a) to control and manage all waterworks vested. or to be vested. in the Board under the provisions of this Law: (b) to establish. control. manage. extend and develop such new waterworks and 10 extend and develop such cxis1ingoncsas ~he Board ~nay consider necessary for the purpose of provid- 111~ ,~·ater 1.n order to meet the requirements of the general puohc. agriculture. trade and industry in the State: (c) to ensure that water is supplied 10 1hr consumers thereof 31 reasonable charges and in potable quality and adequate quantity: H ·arer Board [CAP. 141 (di to organise the conduct of comprehensive research for the purposes of the Board from time to time on matters relating to its functions under this Law and to submit the result of such research to the Governor for the utilisation cf the same b) him in ,he formulation of polic,· relating to the suppl\· and usage of water in the State: and (e) with the approval of the Governor. to make arrangements and enter into agreements with an~ person. departmen:. or office of the Government or an,· other bod, or institution. or 10 delegate authority 10 an;, of its me.mbers. officers. employees. servants or agents. for the exercise. perform­ ance. or pro,·ision by that person. department. office. body. institution. member. officer. employee. scrYant or agent as agent for the Board. of any of the functions. services or facilities ,,,hich may be exercised. performed or provided by the Board under this La\\·. 7.-(1) ubject to the pro,·isions of this Law. the. Board shall. for the purpose of carrying out its functions under this Law. have power 10 carry on all acti,·ities which are necessary. advantageous or convenient. (2) Without prejudice to the generality of the pro,·isions of subsection (I). the powers of the Board shall include powers:- (a) to adopt with or without amendments such master plar,s for the maintenance and dc,·eloprncnt of its undertakings as its officers may prepare and submit from time to time: (h) to construct. reconstruct. maintain and operate waterworks and all other stations. buildings and works. necessary for the discharge of its functions under this Law: (c) to carry any water pipe through. across or under any street or any place laid out or intended as a street. and after giving reasonable notice in writing to the owner or occupier thereof. into. through or under any lands whatsoever without paying any compensation. but making good any damage done: (d) to abstract water from any lake. river. stream. or other natural source: (e) from time to time. 10 examine an\' sui face or undenuound waters for the purpose of dc1crmi ning what. if any. pollution exists and the causes thereof: 2029 General powers of the Board. KDS 5 of 1978. 2030 . r--t!.;f ~ ' CAP. 141] ll'a1C'r Board U) to enter upon any land at any time for the purpose oflaying. examining. repairing or removing an~ water-pipe the pro­ pcm of the Board: (g) 10 construct public fountains in any street or other public place: (/,) al ani time between the hours ofsi~ o'clock m the morning and si>.. o·clock m the afternoon. or in cases ofurgcnn· at an~ other time. 10 enter into or upon any Icnemcn1 into or upon which any scn·1cc has been laid or into or upon which water from any watcrwork~ i~ supplied or flows. so as:- (i) lO inspect any scr\'lcc or meter and to ascertain whether there is an~ waste. leakage. obstruction or damat!e to any service or meter therein and anything in co;ncc­ tion therewith; (ii) to ascertain the amount of water taken or used: or (iii) to disconnect the supply of water to ani tenement. or to diminish. withhold. or divert the suppl\· of water to anv tenement through or by means of an;• scn·icc. cithc·r wholly or in pan: (i) 10 diminish. withhold or suspend. stop. turn offordiven the supply of water through or bi means of an, service or public fountain either wholly or in part whenever the Board shall think necessary or proper and ,:vithout prejudice to anv liability to pa~ any water rate. meter rent or other sums duC or to become due under this Law: Ul lO enter into such contracts as ma,· be necessan. ad"an­ tageous or expedient for the perfor.mancc of ns ·functions under this Lm,. including contracts for the construction or extension of waterworks or the bulk suppl) of materials: (k) to acquire. purchase. lease. mortgage. hold. construct. man­ ufacture or maintain any property whatsoever whether movable or immo"ablc. required for or in connection with the performance of its functions and 10 sell. dispose of, or otherwise deal with such property or an~ part thereof: (/) to cmcr into any agreement with any person for the suppl~. construction. manufacture. maintenance or repair. by that person. of any propcrt~ whether 111O,·abk-or immo\'ablc. which is necessary or appro1,riate for the purposes of the ll'a1er Board [CAP. 141 Board. subject to 1he same provisions as in paragraph (j) of this subsection. which pro,·isions shall appl" in respect of this paragraph with an) necessary adaptations and modifications: (111)10 do anything for the purpose of advancing the skill of persons employed by the Board or the ef1icienc) of the equipment of 1he Board or the manner in which 1he equip­ ment 1s operated. including the provision of facilities for training. education and research: (11) 10 accept or acquire and hold an~ security of an~ kind in an~ form whatsOC\'Cr: (o) to surrender. re-transfer or re-assign any security held by the Board whether upon exchange for another security or upon discharge: (/1) in relation to anv securit,· held b" the Board. to exercise anv power. right or Privilege· in respect thereof which a privatC indi,·idual would be capable of exercising in like circum­ stances: (q) to make. draw. accept or endorse. negotiable instruments: (r) to invest money standing to its credit. and not for the time being required for its purpose under this Law. in stoclcs. shares. debentures or other securities ,,·hatsocvcr approved by the Governor. and with the appro,·al of the Go,·ernor. to sell such stocks. shares. debentures or other securities: (s) 10 enter into an, commitments. a2.reements or other ar­ rangements in rcSpe-ct of the pro\'isi~n. distribution. supply or sale of water: (I) to insure its property against all forms of risl:s: (11) with the appro,·al of the Commissioner. 10 write off bad debts. (3) The preceding provisions of this section relate only lO the capacit~ of the Board as a sta1utoI;-corporation and nothing in the said provisions shall be construed as authorising the disregard by the Board of any written law. 8.-( I) Subject to the provisions of this section. the Board may appoint one or more committees 10 advise or take an,· other action as 10 the initiation. administration or progress of any project ":hich the Board may unden::ike or in which it may participate. or 2031 ApPOlnt­ m~n! of comm11tcc!. KDS 5 of , 0-s. 2032 Power of GOVl'rllOf 10 gi\'C dircc11on~. CAP. 141] 14·a1er Board for any other purpose. whether general or special. relating to the functions of the Board. which in the opinion of the Board would be bc11cr regulated or managed by means of a committee. and may delegate to a committee so appointed. with or withom restrictions or conditions. any function exercisable by the Board under this Law: Provided that the power to make rules or regulations or 10 borrow money shrill not bc delegated to any committee by 1hr Board. (~) The number of members of any committee appointed under this section. the chairman of the committee. the term of office and remuneration of the members shall be such ;s the Board mav. with the approval of the Governor. specify. • (3) Any committee appointed under this section may include. with the appro,·al of the Governor. persons who are not members of the Board but who possess such special qualification or experi­ ence as in the opinion of the Board would prove beneficial to the work or purpose of the committee: Provided that the majority at least of the members of every committee shall be members or officers of the Board. 9.-( I) The Governor may. after consultation with the Board. give to the Board such general directions as 10 the discharge by the Board of its functions under this Law as appear 10 the Governor to br necessary to ensure conformity by the Board with the policy of the Government for the time being in respect of the supply and distribution of water in the State. and the Board shall ~i,·e effect to an~ such directions. .... (:!) The Go,·ernor mav. after consultation with the Board. e.ive to the Board specific dir;ctions for the purposes of remed~•ing -any defect which may be disclosed in the arrangements of the Board for the discharge of its functions under this Law and the Board shall give effect to any such directions. (3) The power conferred bv subsection (2) on the Governor shall include power 10 gi,·e directions prohibiting or limiting any expenditure proposed to be incurred by the Boord which appears to the Governor to be cxcessh·e or unnecessary. Wa1er Board [CAP. 141 (4) The Board shall afford to the Governor facilities for obtain­ ing information relating to the assets and liabilities and functions of the Board, and shall furnish him with returns. accounts. minutes of meetings. and other information relating thereto. and shall afford to him facilities for the verification of information fur­ nished. in such manner and at such times as he may require. i'ART 111-FrNANCIAl. i'RO\"ISIONS: ASSETS AND LIABILITIES OF Tl-IE BOARD 2033 10.-(1) All waterworks which are used or have been con- Transfcrto structcd by or on behalf of the Go\'ernment and arc the property ~!~~,:~~~k~r thereof immediately before the appointed day shall. as from the e1c. appointed day. vest in the Board by vinue of this Law and without further assurance. and such vestinc shall extend to the whole of the waterworks (hereinafter referred t~ as the transferred waterworks) including all lands. works. and other propcnv. assets. powers. rights and privileges appertaining thereto or held or cnjoved in connection therewith. (2) All liabilities and obligations of the Government in respcc1 of an~' transferred waterworks falling due or to be discharged on or after the appointed day shall, as from that date, become 1he liabilities and obligations of the Board. (3) E,·cry deed. bond. agreement. instrument and working ar­ rangements to which the Government was a party for the construc­ tion or otherwise in respect of any transferred ,,·atcnvorks. shall. subject to the provisions of this section. and unless the circum­ stances otherwise require. have effect as from the appointed day as if:- (a) the Board had been a party thereto: (bl for an,· reference 10 the Government therein there were substit~ted as respects anything falling to be done on or after the appointed dav a reference to the Board. (4) \\"here. by the operation of any of the foregoing pro,·isions of this section. any waterworks. lands. works or other property. assets. powers. rights and pri,·ilegcs. arc ,·ested in the Board. the Board and all other persons shall. as from the appointed day. have the same rights. powers and remedies (and in parucular the same rights and powers as 10 the taking and resisting of legal proceed­ ings) for ascertaining. perfecting. protecting or enforcing as the 2034 Funds and resources of the Board and applica- 11011 of its rtvcnue. CAP. 141] ll"a1er Board circumstances may require. such waterworks. lands. works or other properties. assets. powers. rights or privileges of the Board. and any legal proceedings by or against the Government pending on the appointed day in respect of the same shall be continued by or against the Board. (5) In this section:- ··property". without prejudice to the generality of its meaning. includes buildings and appurtenances. stocks of fuel. pans. assessorics. stores. materials. investments. funds. loans and accounts receivable. claims and liens. J 1.-( I) The fonds and resources of the Board shall consist of:­ (a) all sums. investments or other property \\'hatsocver vested in the Board by the proYisions of section I 0: (b) such sums or other property whatsoever as may from time to time be advanced by way of loan or granted to the Board by the Government: (c) such sums or other propeny whatsoever as may from time to time be advanced by way of loan or granted to the Board by any local government or statutory corporation in the State. any other Government in Nigeria or any agency or institution of any such Government. any international organisation. aiiy private foundation or any person what­ soever: (d) any investmcms or other property whatsoc-ver acquired by or vested in the Board: (e) money earned or arising from any in,·cstmcnts or other propcrtv whatsoever acquired by or vested in the Board: (() all other sums (whether as \\'alCr rates or water charges or otherwise) or other property whatsoever which may in any manner become payable to or vested in the Board in respect of its powers and duties or of any matter incidental thereto under this Law or by virtue of the provisions of any other law. (2) The followinc charnes shall be defravcd ou, of the revenue of the Board for any financial year:- • (a) the salaries. fees and allowances of the members: ·, • !"oi .... • ,' I, • • ' '. 'tt , , .,,.,, . ,.,. . . . . . Wa1er Board [CAP. 141 (b) the salaries. rcmu11eration. fees. allowances. pensions. gratu­ ities and other retirement benefits of the officers. servants. other employees and agents. technical or other ad,·isers of or consultants 10 the Board: (c) all expenses of working and management of the Board and its waterworks and other properties including proper pro­ vision for depreciation or renewal of assets: (d) such minor works of a capital nature as the Board may deem neccssar~ from time to time: (e) such sums including compensation which may be payable by the Board to any person or authority under the pro­ visions of this Law or any other lav.-: en taxes. rate~ and other levies payable by the 13oard under any Jaw: (g) interest on any loan raised by the Board: (/,) sums required to be transferred to any sinkin!,I fund or otherwise set aside for the purpose of making pro"isions for the redemption of debentures. stocks or other securities or the repayment of other loans: (i) such other sums as the Governor may approve for payment out of the revenue account of the Board in respect of any financial year. (3) The balance of the revenue of the Board for an~· financial vcar shall be applicd:- (a) 10 the creation ofa rrcneral rcscivc or such other reserves as the Governor may f~om time to time approve both in regard 10 their maximum amounts and in other respects: (b) to the repayment of such interest or part thereof on the advance account referred to in section 12 as the state of the Boarct·s affairs appears. in the opinion of the Board and wlth the :.ipproval of the Governor. to warrant. 2035 12.-(1) It shall be lawful for the Government to make to the Loonsand Boa rd:- 8~~~~1~~ iilc (a) grants of any sums or property as the Government shall ~~\~a:~,~td deem fit: accoum for (b) loans upon such 1crms as to repayment. payment of interest ~~';1~~!.1, or otherwise as the Go,-cinmcrn may determine. ~ 20~6 Power to borrow monc). Drbcnturr:l. to th~ CiO\­ cmmcn:. CAP. 141] 11·a1er Board (2) The Governor may. ifhe deems it expedient so 10 do. waive in favour of the Board any right of or liability 10 the Government in respect of an~ propert~ vested in the Board by or under the pro,·isions of section I 0. (3) So soon as ma, be after the appointed day. the Board shall in respect of any monevs (other than grants) advanced b\' the Government to pro\'ide working capital for the Board. create an ad\·ancc account in favour of the Go\·ernment ofan amount equal 10 the total sum of moneys so ad\'anced. (4) The ad,·ance account referred to in subsec1ion t3} shall be subject to such conditions as 10 interest and repayment as the Governor may from time to time determine. 13.-(1) Subjec1 10 1he provisions of this sec1ion. the Board may. by issuing debentures. stocks or other securities, or in any other manner. borrow sums required by it for meeting any of its obligations or discharging any of its func1ions under !his Law. (2) (a) The power of 1hc Board 10 borrow shall be exercisable only wi1h the approval of the Governor as to 1he amount of the loan. !he sources of !he borrowing and the terms on which !he borrowing may be effected: and the ap­ proval given for 1he purposes of this subsection may be either gcncr~l or limited 10 a particular borrowing: (/,) Appro,·al of the Governor for 1he purposes of 1his subsection ma" be subjcc1 to such condi1ions. other 1han conditions tha1 may be imposed under paragraph (a). as he may specify. (3) A person lending money to 1hc Board shall 1101 be bound to enquire whether the borrowing of the money is within the powc1 of 1hc Board. 14.-(1) lf1he Government makes any loan to 1he Board at any time in accordance with the pro\·isions of this Law. the Board shall. if so required by 1he Governor. issue 10 the Government a dcbemure or dcbc111ures of a nominal Yaluc equivalent to the sum loaned. (2) Debentures issued in accordance with the provisions of subscc1ion (I) shall bear in1cres1 at such rate. if an". and from such date as the Governor may specif\. l!'a1er Board [CAP. 141 PART IV-ADMINISTRATJ\'E ORGANIS.HI0N OF THE BOARD 15.-( I) The Chief Executive of the Board shall be its General Manager who shall be:- (a) n person trained in management/administration with a minimum of five years experience in management/adminis­ tration: or (b) a professionally qualified engineer with a minimum of live ycar5 experi~nce in engineering.. (2) The General Manager shall have ul1ima1e responsibility for the carrying ou1 of policies and decisions of 1he Board in accord­ ance with the provisions of this Law. (3) In the discharge of his functions the General Manager shall be assisted by six officers of the Board 10 be known as:- (a) Assistant General Manager in charge ofAdminis1rmion who shall also be Secretary 10 the Board: (/!) Assistant General Manager in charge of Finance and Accoums: (c} Assistant Genera! Manager in charge of Projec1s and Research: (d) AssistanI General Manager in charge of Operations: (e} Assistant General Manager in charge of Rural Water Supply: and (n Assis1ant General Manager. in charge of Commercial Scr\'iccs. (4) The Assisian1 General Managers shall be subject 10 the ultimate direction and control of the General Manager. (5) The Assistant General Managers shall ha\'e such du1ics under their respective depanments as the Board may from time· to time assign to them. (6) The Governor shall appoint the General !\tanager who shall hold and vacate office in accordance with the terms of the Ins1rumem by "·hich he is appoin1ed. (7) The Assistant General l\lonagers shall be appointed by the Board on 1he aooro,·al of the Governor under such terms and conditions as the ·Board may set down for each of the dcpanments. 2037 General Manaccr etc K.DS 'O! !9~l•. KTS I of l 988. 2038 Other staff. etc .. of thc Board 1.:..D\ o of :rJic,. CAP. 141) H'a1er Board (8) Without prejudice 10 the pro,·isions of subsection (61 and (7). the General Manager and the Assistant General Managers shall be subject to the pro,·isions of an, rci:mlations or rule!> that may be made under sections IS or l ':J rCspeC:th·cly. 16.-( ! J Subject to the pro, isions of tlm section the Board shall ha\'C power to appoint and exercise disciolin.?.n control over surh other omccrs. scn·ant~ and a2entc,; as i1 r~ia, tl;inh. necessarv for thl discharge of its functions u~de: thi!> La,\ ·and 10 detcrmmf' their terms and conditions of sen·ice as 10 remuneration or otherwise. (~) The exercise of the powers vested in the Board bv subsection (I) shall be subject to the proyisions of an" reeulations or rules that may be made under section '18 or I 9 respectively. (3)(a) There shall be an Establishments Commiuec which shall comprise all departme111al heads and shall be charged with the responsibility of making recommendations to the Board in respect or the appointme111s. promotions and disciplinary co111rol of all officers or the Board earning a salary of one thousand one hundred and sixt\' four naira per annum or more. nm being such officers 1:;s arc referred to in subsection (4) of section 15: (i>) The General Manager shall be the Chairman of the Establishments Commiuee and shall ha,·e power 10 make known to the Board his \·iews in a1n casr where he disagrees with the views of the other -members of the Es1ablishme111s Commiuee. (-l) The General ~ tanager shall ha,·e powerto appoint. promote. and c,ercisc disciplinary control in respect of established and unestablished emplo,ees of the Board earninc a salan of less than one thousand one hu.ndred and six:, four nai;:a per a,inum. and he shall be assisted in exercising these powers by a comm1ttcc comprising such officers of the Board as the Board may direct: Provided that the General ~tanager may delegate his powers of appointment. promotion and disciplinar~ comrol in respect of established and unestablished emplo,·ees earninc a salan of Jess than one thousand ont hundred and s·ixty four n;ira per a~num to such divisional or sectional heads or field or other officers or the Board as he ma, consider fit. Jl'a1er Board [CAP. 141 17. The Board ma) cmplo) on secondment such officers of the public sen ice of the State or in the service or any other State. or local government as may. wtth the agreement of such officcn,. be seconded to the sen ice of the Board in accordance with the procedure applicable 10 the secondment of such officers. 18. The Board ma). \\'ith the appro,·al of the Go,·ernor. and subject 10 the rovisiom, of this La,,. mak~ rcgula11ons w11h respect tc• the appointment. promotion. transfer and d1sm1ssal ol and exercise of disciplina~ control over. ns employees. and without prejudice to the generality of the foregoing provisions. make regulations for any of the following ma11crs:- (a) the qualifications 10 be required for appointments: (i>) the method of appoi111men1 (includini, probation and con­ firmation): (c) the form or any agreement to be entered into between the Board and its employees: (d) the terms and conditions or service (includini,. without prejudice to the generality or that expression. the salaries and allo\\'ances. the gram of adYances. the pro,·ision of quancrs, leave. and medical and dental treatment): (<') the procedure and requirements for promotion: tn the maintenance of discipline (including dismissal and the termination of appointmems): (g) the transfer of employees between the Board and the Go,­ ernrncm of the State. any other State. local government. or an~ starntory corporation: (/1) such other ma11ers rclatini, 10 depanme111al procedure and duties and responsibilities of employees as the Board consi­ ders can be best pro,·ided for b) regulations. 19. The Board may. with the approYal of the Governor. make rules. with respect 10 its employees. for:- ta} the pensions. gratuities and retirement allowances to be gra111ed 10 pensionable employees of the Board and their dependants: (b) the grarnitics and retirement allowancc-s 10 be granted 10 non­ pcnsionabk employees of the Board and their dcpcnda111s: (cJ all maucrs ancilla!'\ to the matters mentioned in paragraphs (aJ and (b). 2039 Sct'lmdm, nt and 11:insfrr of cm­ ployc~. Po"·cr 10 1:1,11.t· n:i:.uta- 11'' ,. n·t':111r.1 cm11!, l.'..:\ 01 lht· Board. Pon er to make rulci­ rclaunr to rct1rl·mcnt htncfil!<. for cmplo~ ees of tht Uoard. ·i I ,· " t i:• i ' 2040 Rate~ and sc.ilcs of chargt>s for water. 1-:.0S 6 of 1976. Power 10 levy general water rate in respect of 1encmcn1s or persons. CAP. 141] Wa1cr Board PART V-POWERS AND PROCEDURE IN RESPECT OF \VATER SUPPLY AND \1\T ATER RA TES 20.-( I) The rates and scales of charges for water shall be such as the Board may. from time to time. with the approval of the Governor. determine. (2) Charges for water or services mav. if the Board thinks it fit. be fixed at different rates and scale~ for.different types of consum­ ers. 21.-(1) The Board may. in any arca 1 with the approval of the Governor. by order direct:- (a) that there shall be levied and paid a general water rate ofan amount and assessed in the m2nner hereinafter dcscribed:- (i) the rate shall be levied in respect of tenements in such area, and in such case it shall be assessed on the assessed value of the tenements and shall be such percentage of that value as the order may prescribe: Provided that vvherc a tenement is supplied with an internal pipe supply the general water rate mav be increased in respect of that tenement: • (ii) every person or any class of persons of sixteen years of age and o,·er resident in such area shall pav annuallv such sum as general water rate as the Order ma)· prescribe: (iii) there shall be levied annually in respect of ever,· tenement such sum as general water rate as the order may prescribe: or - (iv) persons resident within a defmed area mav be diYided into classes. sucl1 classes being assessed· for general water rate on one or other of the methods of assessment hereinbcfore described as the order may prescribe and shall pay general water nne accordingly: Provided alwavs that no person shall be assessed for general water rate in more than one of the various manners hercinbefore mentioned: (b) that there shall be exempt from such general water rate anv tenement or class of tencmenis. or ;ny person or class ;f persons: H'a1er Board [CAP. 141 (c) that where assessment of the general water rate is made as provided in sub-paragraph (i) or (iii) of paragraph (a) such higher rate as the order ma,· prescribe shall be levied and paid in respect of a non-don",estic supply: (cl) whether pavmcnts of general water rate arc to be made quarterly. half yearly or yearly and that the first payment of such general water ra1e shall become due on such date as the order ma~ prcs<.:ribc: Provided that in exceptional cases lhe Board may provide that the rate shall be paid monthly in advance: (e) that such general water rate shall be paid with retrospective effect; (n the officer to whom or the office at which the eeneral water rate shall be paid and the times during which s~1ch payment may be made. (2) Any order made under this section may be given retrospec­ tive effect: Provided that:- (a) subject to the provisions of paragraph (i) of subsection (1) of section 7 and section 26. water has in fact been supplied in respecl of the period for which any order. whereby any general water rate is Jc,·ied. is to be given retrospective effect: (b) nothing in such order contained or bv vinue of an,· of the provisions of this Law shall constitute or be construed as purporting 10 constitute as an offence committed by any person any act or omission by him which was not such an offence at the time it took place. and any act or omission may be constituted an offence by virtue of the provisions of such order or this Law onh· in so far as the same has taken place or been continued OI~ or after the date of the publica­ tion of the order in the State Gaze11e. (3) The application ofanv order made under this section may be general or n-1ay be limited as 10 area or time or mherwise. 2041 22.-(1) The Board may. with the appro,·al of the Governor. Power w make regulations for the better carrying out of the provisions of ~~~~::. r~g.ul:i­ this Law. and without prejudice to the gcneraiity of the foregoing I - I t r 2042 ·' CAP. 141] Wa1er Board provisions. make regulations \\ ith respect to all or any of the following mancrs:- (a) the price of. or charge for. water supplied:­ (i) b) means of a public supplv: (ii) b) meter: (iii) b) means of a pri,·ate supply 10 a tenement: {iY} to ,:n, office. barrack~. institution. undt=rtakin!! or buildi;,g whether of a public or private nature: - (,·) to a site of any building unoc; ::onstruction. (b) levy or impose a special rate or charge: (c) the amount of rent to be paid for meters; (dJ the officer 10 whom or the office at which the rate. charge or rc111 shall be paid. and whether such rate. charge or rent shall be pavable monthl\'. quanerlv. half vearl\·- or vearlv in arrear$ or in adva~ce. and 1i1c date· on ~vhich· the ·first payment of such rate. charge or rem shall become due. or in the case of water supplied by a public supply the manner in which the charge for such water shall be payable: (e) exemptions from an~ water rate or charge of any tenement or class of tenements. or an,· person or class of persons: ({) the method and manner in which water mav be taken from public fountains or a public supply: • (g) the price to be paid for all services constructed or laid b,· the Board. and the time and place for the payment of the s~mc: (h) the construction. laying. filling. alteration or readjustment of sen·iccs. and the nature. qua lit,·. size and pa11ern thereof. and of meters used therewith: Ii) the forms of all notices required 10 be given or sent under this La\\ and the issuing and sen·icr thereof: (j) the control. whether or not by prohibition. of boating on or fishing in any \\':ttcrworks: (/.:) the prevention of the wrongful opening or closing of any lock. cock. valve. sluice or manhole appcrtaini1rn. to any waterworl:s or otherwise belonging. thereto: - (/) the prevention of waste of water: (m) the pre\·cntion of the commission of any offence or nuisance Waier Board [CAP. 141 in or about any of the stations. works. plants. buildings or premises of the Boarri: (n) the prevention of trespasses upon or injury 10 stations. works. plams. buildings or premises appertaining to an~ waterworks or otherwise belonging. thereto: (o) general I, for rcgulatmg the operation of the waterworks and the goYcrnann thereof and maintc-nann· of good order thereon: (p) g encrally for the prcscn·ation and 1hc conservation of th. sources or water in catchmcm artas: (q) the prescription of penalties for offences against any regula­ tions made under this section. (2) Regulations made under this section may be given retrospec­ tive effect: Provided 1ha1:- (a) subject to the provisions of paragraph (i) of subsection (2) of section 7 and section 26. "'ater has in fact been supplied in respect of the period for which any regulations. whereby any price. charge or amount for water s~1plicd or rent for meters is to be payable. arc to be given retrospective effect: (b) n01hing in such regulations contained or by virtue of any of the provisions of this Law shall constitute or be construed as purporting to co11s1irn1e as an offence committed by any person any act or omission by him \\.'hich was not such an offence at the time it took place. and any act or omission may be constituted an offence by virtue of the pro\·isions of such re12ulations or this La\\ onl\" in so far as the same has taken place or has been continued on or after the date of the publication,of the regulations in the State Gazcue. (3) If any person contravenes or fails 10 comply with the pro­ \·isions of any regulations made under the provisions of this section the Board may. withom prejudice 10 its right to take proceedings for a f-inc or other penalty in respect of such contra­ vention or non-compliance. cut off the supply and in addition or in the ahernati\'t:' may. after such n01icc in writing as it may think fit. enter and cause any \\'ater fittings belonging to or used by thm person which arc 1101 in accordance with the requirements of the regulations 10 be altered. repaired. replaced or removed. and may 204:l 2044 Ra1111{?. ll\ more lhan onr m~1ho:! Liabilit, for pnymc1l1 or w;-i1cr ra1r 01 chari;r. Ri.:co,c~ or rate or charge. Conllllllll\ of supply ·or w~ucr. •. I v, T r,~ ,.~• ••• .{~' I ~:-. 't ,.::•.,:,.~: .:r,' • •,•,.i, .-"-;J}f.-r<,\ •';....J~~ '1 a:: ' - .. "' . :, } ; ~., • : : . ·-=' CAP. 141] ll'a11'/' Board recover the expenses reasonably incurred by it in so doing from the person in default in the manner provided for the recovery of water rates. (4) The application of ani regulations made under this section may be general or may be limi1cd as to area or time or otherwise. 23. Notwithstanding any of the pro\'isions of this Law. no person shall be liable to pa, rates le, 1cd b\ more than one method in respect of thr same supply of water or to pa~ 211~ charge as well as a rate in respect of the same supply of water. 24. The owner and occupier of every tenement not exempt from a rate or charge shall be liable to the Board for payment of the rate or charge, but unless otherwise prescribed in the order or regulations imposing such rate or charge the same shall be deemed an owner's rate. and as between the occupier and the owner of any such tenement. shall, in the absence of any agreement to the co111rary, be borne by the owner: and the amount thereof. if paid by the occupier. may be recovered by him from the owner in an action for money paid 10 his use. or may be deducted from any rent due or to become due in respect of the tenement. 25. If any person fails 10 pay any rate or charge for ,vhich he is liable within one month after the same became paYable. the Board ma,· recover the same with costs in any count of competent juri.sdiction. 26.-( I) The Board shall as far as possible maintain a conti­ nuity of supply of ll'atcr: Provided that:- (aJ the Board shall have the right to suspend the supply of water for such periods a~ may be necessary for carrying out inspection. tests. or repairs and for the making of new connections: (b) the Board shall have the right 10 suspend or discontinue any ~upply where the payment of any rates. dues or charges arc 111 arrears. (2) The Board shall in no case be under an,· obligation to pa)' damages or compensation for loss. damage or inconvenience JI ·a,er Board [CAP. 141 caused 10 any consumer through any suspension. failure. discon­ tinuance or a whole or partial interruption of the supply of water howsoever caused. 1045 27 .-( 1) The Board ma~ purchase water m bulk and may resell Purct•:i.si.: such water either in bulk orb::, distribution direct to mdividual ~f~ ... ~~e~~k consumers. (2) 1o person shall resell ll'atcr supplied b) the l.loard saYl' under licence granted bi the Board upon such terms and condi­ tions as the Board may prescribe: Provided that no such licence shall be required for the sale of any manufac1ured goods or other commodity in which water supplied by the Board is included. 28.-(1) The Board may, subject to the provisions of any rce.ulations made under section 22. supply water through any se;vice 10 any tenement on application being made by the owner or occupier thereof who shall pay to the Board any charges the Board may require for the laying of a service 10 such tenement. (2) The Board ma,· refuse to supply water to an,· particular tenement otherwise than through a meter which shall be supplied. installed and maintained by the Board. (3) The occupier of a tenement to which water is supplied by meter shall pay monthly to the Board the amount due for the excess consumption and for meter rent. (4) The Board shall as soon as conveniently may be after the end of each month notify the occupier of a tenement supplied with water of the amount dur from him for excess consumption and for meter rem, and the amount payable for excess consumption and the meter rent shall be paid by such occupier within fourteen days of the scn·ice upon him of such notice. and if the same is not then paid the Board may disconnect the service to the tenement. (5) If any person fails to pav the amount due from him for excess consumption or meter rent. the Board may recover the same with costs. 1oae1hcr with the expense of disconnecting the service to the tenement. in any court of competent jurisdiction. Scrvict to tenements :ind paymcm for excess consumption and for meter rent. ..! 2046 Board not responsible for safety of consumer..· p1p:s etc. Ent1tlemen1 to suppl~ and preclu­ sion of pre­ ferential treatment. E"pcnsC"s of c~rtarn necessary al1crn1aons. .\l·counts. audn and estimates. CAP. 14l] Wa1er Board 29. The Board shall not b) ,·irtuc of making an) inspection or test of a consumer·s pipes. fillings. appliances and apparatus in accordance with this Law or an~ regulations made thcrrundcr. whether during the progress of the work of 1ns1alla11on at the consumcr·s premises or aftc1 its complcuon. be deemed to be responsible for thC' efficiency or safety of the consumer's pipes. tit tings. appliances and apparatus so inspl:c1cd or tested. or for the proper execution of the work of installation. or for an~ damage or los!> arising out of the use or mi!>use of apparatus b~ thL· consumer or an) other person other than an employee of the Board. 30. E,cept in so far as is othcr"'ise provided by this La". \\'here a supply of water is pro,·ided by the Board in any pan of an area for pri,·ate purposes. every person within that part of the area shall. u1>on application 10 the Board. be entitled 10 a supply on the same terms on which other persons in such part of the area arc entitled under similar circumstances to a corresponding supply. provided that in the-case of a fresh connection adequate \\'atcr can be made a\'ailable without detriment 10 existing supplies 10 persons or institutions in the area. 31.-( I) If any person or any department oft he Government or an~ other authority docs any matter or thing which such person. department or authority is by or under any law authorised to do and \\'hich necessitates an alteration in any part ofan~ waterworks or of an~ distribution system ,·cstcd in or the property of the Board. thr Board shall on reasonable notice being given 10 it b) such person. department or authority make such alteration, and the expenses incurred thercb, shall be borne b,· such person. department or auihorit~. (~) In the event of an\' dispute arising as 10 the amou111 of such expenses the same may be referred by either the person. depart­ ment or authori1, as aforesaid or the Board to an arbitrator to be appointed b) the· Governor. PART VI-ACCOUNT~ AND REPORTS OF THE BOARD 32.-( I) The Board shall:- (!1) cause 10 be kepi proper accounts in respect of its functions under this La" and other records in relntion thereto: and Waler Board [CAP. 141 (b) prepare. in respect of each financial year. a statement of accounts in such form as may be approved by the Go\·crnor. (2) The annual statement of accounts shall br a fair and accur:.11c s1a1cmc-n1 of the financial position. and of the result!:. of the operations. of the Board for the financial year 10 which 11 relates. 2047 /3) The accounts of the Board shall be aud11cd and reported \~;t Ill ol upon annual!) by the Director of Audn. (~) As soon as the annual statement of accounts has been audited as aforesaid the Director of Audit shall send a copy together \\'ith a copy of his report thereon to the State Legislature. (5) Before the commencement of each financial year the Board shall prepare an estimate of its revenue and expenditure for that financial vear and submit the same to the Governor for his approval. ~111d the Governor shall ha,·c power to disallow or rc~ucc the pro\'ision under any item in the estimate as he may consider necessary. 33.-( I) The Board shall. within six months after the end of Annual each financial vcar. make to the Go,·crnor a report. in such form Report. and containing such particulars as he may from time to time direct. dealing with the activities of the Board during that financial year. (2) Every annual report made by the Board under subsection (I) shall comain paniculars of all directions given under this Law by the Go,·crnor 10 the Board dunng each financial year. P.,RT \'II-OFFENCES 34.-( l) No person shall construct any \vatcrworks without the appro,·al of I he Board. (2) This section shall 1101 apply 10 the construction of a well ha,·inc a diameter 1101 exceeding four feet and a depth not exceeding two hundred feet. (3) Notwithstanding the pro,·isions of subsection(:!) no p~rson sh.:ill pump water or permit artesian water to Oo,, from a well ha,·ing a diameter not exceeding four feet and a dcp:h not Construc11on orw:itcr­ \\Orks. KDS 6 of i 97ti. .I 2048 lnJuJ1. pol­ lution. CIC. \'-1as1c and :1hcrm~ service. CAP. 141] Waler Board exceeding two hundred feet or any borehole within one mile of a waterworks. unless permitted in writing so 10 do b) the Board: Provided that the Board may by notice in the State Gazette specify any area being further than one mile from an,· waterworks where water shall 1101 be pumped or anesian wmcr.pcrmittcd to flov,· from any such well or borehole without the permission in writing of the Board. (4) Nothing in this section shall affect the rights of any person under any other ,vrittcn law. (5 ) Any person who contravenes any of the pro,·isions of this section shall be guilty of an offence and shall be liable on conviction IO a fine not exceeding two hundred naira or to imprisonment to a term nm exceeding six months. 35. Any person who:- (a) wilfully or negligently damages any waterworks. public fountain. service or meter: (b) unlawfully draws off. diverts or takes water from the same. or from any stream or water b,· which anv waterworks are supplied: or • • (c) pollutes a.ny such water. or allov,'s any foul liquid, gas or other noxious or injurious maner 10 enter into am water- works or any service connected therc,,·ith. • shall be guilty of an offence and shall be liable on co,n-iction to a fi1 1e not exceeding two hundred naira or 10 imprisonment for a term 1101 exceeding six months and. for even· dav durinc. which the offence continues after notice in writing reQuiring the ;amc to be stopped. to a funha penalty of ten naira for e,1ch such day. 36.-( I) Any person who wilfullv or nce.li2entlv misuses wastes. or causes or allows to be mi~used or ~v;s,cd· anv wate; passing into. through. upon. or near any tenement fr~m anv waterworks shall be guilty of an offence and shall be liable o~ conviction to a fine not exceeding 1wcnty naira or 10 imprisonment for a term not exceeding one month. (2) Any person who alters. or causes. or permits to be altered. any service without the consent of the Board or co111rarv 10 an,· regulations made under this Law. shall be guil!~ of an offence and Wa1er Board [CAP. 141 shall be liable on conYiction to a fine not exceeding. twenty naira or 10 imprisonment for a term not e>..cceding one month. 37. An, person who alters. or causes. or permits to be altered. an,· service with intent t0 avoid the accurate measurement or re!iister of water by means of any meter. or to obtain a greater supply of water than he is entitled to. or to avoid payment therefor. or who wilfully or negligently damag.cs. alters or causes or permits 10 be damaged or altered any meter. shall be guilt, of an offc,,ce and shall be liable on conviction to a fine not exceeding om· hundred naira or 10 imprisonment for a term not exceeding four momhs: and any service so altered or any meter so damaged or altered shall be replaced or repaired by the Board at the expense of the person con,·icted, and the cost of replacing or repairing any such sen·ice or meter may be recovered upon the order ofa court in the same manner as any penalty may be recovered upon conviction. 2049 Fraudulent mc:1surt'­ mcn1. 38. Any person who puts. or allows to be put. or to remain. or lO Foul accu­ accumulatc on any tenement owned or occupied by him or his ~;~:~'.i~1~.of scrvams. or who fails to remove or 10 cause to be removed. or to take such steps as may be necessary to prevent. upon notice in writing from the Board. any foul. noisome or injurious malt er, or any earth. deposit or excavated material in such manner or place that it may be washed. fall. or be carried into any waterworks or the gathering grounds thereof. shall be guilty of an offence and shall be liabk on conviction to a fine not exceeding one hundred naira or to imprisonment for a term not exceeding four months. and in respect of any period during which such matter. earth. deposit or exca,·ated material is allowed to remain after notice in writing from the Board requiring the same to be removed. to a fun her pe;alty often naira for each day whilst the offence continues. ... 39. Any person who:- (a) bathes in any pan of any waterworks: (b) washes. throws or causes 10 enter therein. any horse. dog. goat. pig. or other animal. or any bird. or any clothes. material or thing: or (c) wrongfully opens or closes any lock. cock. ,·ah·e. sluice or manhole belonging to any waterworks. Bathing. washing. etc. 1050 Penally for refusing or failmgto pa~ rates 01 charge,; 1'.DS ta f"Jf 1976. Pcnalt~ for inciting any pc rson to misrepresent rateable cap:'!cit~. etc. IZDS 6 of 1976. Pr◊of of monc~s due. Power of cntn to w:11t!rworks. KDS 6 of 1976. KTSLN I of 1988. CAP. 141] H ·arer Board shall be guilt) or an offence and shall be liable on con\'iction to a fine not c>.cceding one hundred naira or to impnsonrncm for a term 1101 exceeding four months. 40. Any person \\'ho. without la\\'l'ul jusufication or excuse. the proof of which shall lie on the person charged. refuses or foils 10 pay an~ rate or charge payable by him by virtue of this Law b" the date nn \\'hich i1 is payable. shall be guilt, of an 0ffencc anrl shall han. nis suppl~ disconnected and rcconnrcted on!~ on the pay­ m~nt of a reconnection fee of five naira. after the payment of the rate or charge due. 41. Any person who. without lawful justification or excuse. the proof of which shall lie on the person charged incites or assists anv person to misrepresent in any way his rateable capacitv or an~· information material 10 the assessment of or rating u·pon an;• tenement of which he is owner or occupier. shall be guilty of an offence and shall be liable on conviction 10 a fine 1101 exceeding two hundred naira or to imprisonment for a term 1101 exceeding si>. months or to both such fine and imprisonment. - PART V lll-l'vliscELLANEOUS AND GENERAL 42.-(1) In ani action ror the recovery of any rate. charge or other moneys. other than fines and penalties. due. payable or recoverable under this Law. a ccnificate from the Board. or ofan,· person appointed by the Board in that behalf. that any sum o'r mone,· is due and that the dcrcndant is the person liable 10 pay the same. shall. in the absence of any evidence to the contraf)•. be conclusive e,·idencc of such deb1 and of the non-payment 1hercof. and that the defendant is the person liable 10 pay the same. C) E"cr,· such action ma, be ins1i1u1ed b,· 1hc Board or Lw any person authorised by the Board to instiwie such action On ils behalf. 43. The General Manager of the Board or any person author­ ised in writing by him may ar anv time enter an, \\'ntcrworks for tht.:' purpose of inspecting such \,·81crworks or an)· part thereof. IJ'arer Board [CAP. 141 205] 44. A health officer or any person authorised in writing by him rower or en• ma: enter any ,,·atcrworks between si~ o·c1ock in the morning and ~~~r.hcalth Si;\ o·clod. in the afternoon or in an emergency at any other time' for the purpose~ of inspecting such waterworks or an: part !hereof. and of iaking samples of the waIcr supplied from such watrrworks. 45.-( I) \Vhcre. upon considering an~ audit report on accounts or in an~ other case. thi..• Go,·crnor ,s satisfied thal 111 respect of1he functions or 1hc Boaid und~r this Law:- (a) anv sum due 10 the Board has not been dul\' brought to account by any person by whom such sum ought 10 ha,·c been brought into account: or (b) anv loss of or dcficienc" in the monevs. or loss or destruction or'ani other propen< of the Board. has occurred by reason of 1he negligence. breach of official duty or other miscon­ duct of an)· person. the Governor may surcharge the amount or such sum. loss or deficiency. or of the ,·aluc of the propeny lost or destroyed. upon the person aforesaid whether he be a member of the Board or an officer or other employee or agent of the Board. (2) Before exercising any or his powers under subsection (I) the Governor may by writing under his hand authorise any person to conduct an inquiry for the purposes of this section and 10 take evidence and examine witnesses upon oath or affirmation (which oath or afTirmation that person is hereby empowered 10 admin­ ister) and that person may. by summons under his hand. require all such persons as he may dc~m fit 10 appear before him a1 a time and place 10 be stated in such summons and to produce all such books. records. accounts. and other documcms ::rnd materials as he may consider necessary for the purposes of the 1nquir\'. (3) If the Governor decides to surcharge ~my amount upon any person under subsection (I) he shall cause a notice to be served upon him. or on his legal reprcscn1a1i,·cs in the event or his death. requiring him or such representatives 10 p.ay the amount sur• charged within such period from the date or 1hc ser\'ice of the notice as may be specified therein. (4) Notwithstanding an) of the provisions or subsection (3) no liability to surcharge shall be incurred by any officer. other p,...,wrr of tht· G0,t·rnor1<, surc-r.~~-: m:n.0m. 2052 Rcco,cr- oi surchargCs. Appeals against sur­ charges. Prcl1m1nnry invr:s11gatmn in respc:cl of land re­ quired for wa1er,\orks. CAP. 141] ll"a1er Board employee or agent of the Board. who can prove 10 the satisfaction of the Governor that he acted in pursuance of and in accordance with the terms of a resolution of the Board or of any committee duly appointed under this Law. or on the written instructions of any officer. other employee or agent oft he Board to whose orders. in relation 10 the matter in question. he was subject: Provided that nothing in this subsection shall exempt any person from liabiliry to surcharge in accordance with the pro­ \·isions of this section where that person knew or ougln reasonably 10 have known that the terms of any resolution or any written instructions as aforesaid were 1101 in accordance with the pro­ Yisions of this Law or any regulations or rules made or directions given hereunder. 46. Anv amount notified as a surcharge in accordance with the pro,·isions"of subsection (3) of section 45 shall be a debt due to the Board. and mav be sued for and recovered in any court of competent jurisdiction of the suit of the Governor. 47.-( I) . . y person who is aggrieved by any decision of the Governor to surcharge any amount upon him may. if the decision relates to an amoum exceedinc. four hundred naira. within thirty davs of such decision. appeal 10 the High Court. (2) The High Court on such appeal shall have power to confirm. ,·ary or quash the decision of the Go,·crnor and to give such directions as the court may deem fit in the matter. 48.-(1) Whenever it appears to the Board that any land in the State is likeh· to be needed for the purposes of any waterworks. the Board ma,. ·bv its scrq1111s and agents. together with all necessary workrncn .• cn1er upon any such land and:- (a) survey and take levels of the land: (b) dig or bore under the subsoil: and (c) do all other acts necessary to ascertain whether the land is adapted for such purposes: Provided that no such agcn1. st:ITa1H or workman shall cnIcr any building or upon any enclosed coun or garden attached tO a dwelling house (except with the consent of the occupier thcreol) ' ' - ;:, • i.~ ~~ i Wa1er Board [CAP. 141 unless at least seven da) ·s notice of the intended entry has been given 10 such occupier. (2) As soon as conveniently ma~ be after any entry made under subsection (I) the Board shall pay compensation for all damage arising out of the exercise of an~ power conferred by that subsec­ tion. (3) In the case of dispute as to the amount ofanyco~pcnsation payable under this section the am~un~ n:ay.b~ de~ermmed by the Hieh Court or a District Court ha\'tngJunsd1ct10n rn respect of the place where the land is situated. 2053 49.-( I) lathing in this Law shall preclude any fire authority or ~d,~~·i1~~0~; fire bri!!ade from abstracting water. for the purpose of the preven- thr usr of tion o; control of fire. from any public fountain. ser,ice or ~,: 1 1~~r~ii:tc waterworks of the Board. and flrr brii;ades. (2) Water shall not be abstracted by any fire authority or fire brigade for the purpose of testing any f1re-fighung appliance except with the consent of the Board. which conscm shall 1101 be un­ reasonably withheld. (3) No charge shall be made for water supplied by the Board under subsection (I) or (2). (4) Any main. pipe. nlve. hvdrant. sen·ice or other "·atenvorks required within the area of operation of the Board by any fire authori1,· or fire brigade in the discharge of its functions t0 pre,·em and conirol fire shall be proYidcd by the Board upon full payment therefor by such fire authority or fire brigade, but such main. pipe. valve. hydrant. service or other waterworks shall vest m the Board in perpctuiI)" but shall be maintained and renewed by the Board as the fire authoritv or fire brigade may require and at the expense of such fire authority or fire brigade. (5) In this section the expressions ··fire authority·· and ··fire brie.ade" mean anv authority or body of firemen respecuvely co1;s11tuted orgam;ed or established under anv ,, nnen law 50.-(l) Any cnntract or instrumem which. if entered into or ~~~~u~~~~-or executed by a person not being a body corporate. would not strumems. require to be under seal. may be entered int0 or executed on behalf I • ... 2054 Scr.1C'C" of nOIICl'!>. f'h Rcs1nctmn on ,-:,ccu11on against Uo:ird·s \\'ater.1orks. \\'.iltl"\\Orks c.,cJudcd from rates. Rcpeal of NN 196::; Car 1:;1. Tcnun· of office ol mtmh::n,. CAP. 141] Jf'mer Board of the Board b" any person generally or s1>eeially authorised bl' 1he Board for that purpose. • (2) Any document purporting to be a document duh executed 01 issued under 1hr seal of the Board or on behalf or'1he Board shall. unless the contrary 1s proved. be deemed 10 be a document so cxccuLed or issued. as the case may bl!. 51. Sen·1cl' upon the Board o! an~ notice. order or other d?cumcnt ma) be effected b) dcli,-cring the same er by sending it b\' registered ~ost addressed 10 the Secretary of the Board. 52. No execution or attachment or process in the nature thereof shall be issued against any waterworks vested in or the property of the Board. but any sums of money which mav be the Judgment of any court awarded against 1he Board shall. s~bjcc1 to any d1rec11ons given b)· the court where notice of appeal has been g1"en b, the Board in respect of the said judement. be paid b" the Board from its funds. - • 53. l\'a1crworks vested in or the property of the Board shall no! be regarded as herediiamcnls or tenements to be ,·alued for rating purposes under any law. 5~. The Waterworks Law is hereby repealed 10 the extent to which 1t applies 10 the S1a1e: Provided that an,· regulations made under that Law and in force immediate!, before the date of commencemcn1 of 1his Law shall continue in force as from 1hc date as if made bl' 1he Board under this Law. until such regulations are revoked or ~eplaced under the prons1ons of this La,,. and accordinglY references in an, such rcg.ulations to any water authority or prcsCribed authorit,· 0,.-10 anv other authority or person. shall. with 1he necessary adaptauo,;s and mod1ficauons. be construed as references to the- Board. SCHEDL'LE CONSTITUTION A.NO PkOCEEOINGS OF TH[ BOARD I: Ever~ mcmb er of the Board (other than ~n cx-ofhcio member) shall. subJcct to the pro\'1sions of this Schedule. hold office ·for ::i period of three year!> from the d:nc ofh1s appomtment. M ·a1er Board [CAP. 141 2055 :!. A member of the Board who has ceased 10 be such member shall bl' Eligibili1~ eligible for re-appointment. ;~~~~l- 3.-(1) lfthc Go"crnor i~ satisfied that a member of the Board:- (a) ha!> been absent from three consecutive rnecling~ of lhr Board without the permission of the Gon;rnor in the case of the Chairman. or of the Chairman in the casr of any other member: (bl has become bankrupt or made an arrangr-ment with hi!. c1ed1tors; le) h,:o;. been con\'icted ofan offonrc 11woh mg.o:-n..:cessarily imp'nng fraud or dishonesty ,rnd has undergone- a sentence or imprison• mrnt tn.:rcfor: (d) is incapacitated by physical or mental illness from performing hi!. functions as a member: (c) has such financial or other interest in the operations of the Board or otherwise as in the opinion of the J\lilirnry Governor is likely t0 afTcct prejudicially the discharge by him of his functions as a member: or <.n is otherwise unable or unfit to discharge the functions of a member. the Governor ma~ rc\'okc the appointment of such member. (:!) Notwithstanding anything contained in the instrument by which a member is appointed, a member may resign his office as ;.i member b) noLicc in writing lo thl" Governor. and upon rcccipl of such resignation by the Go"crnor the appointment of such member shall be terminated. (3) Notwithstandin£ the prodsions ofparagr;:iph (I) the Go"crnor 1m1~ at any time remove an~ member from his office. ment \'ac-a11on or ofricc. 4. No act or proceedings of the Board shall be questioned on account vacanc1c~. of any \'acancy among its members or on account of the appointment of an~ member ha"ing been dcfcctwc. ' 5. \Vhcrc an~ member of 1hr Board is tcmporaril~ incapacitated b~ Tcmporai: illness from performing the func1ions of his ofTicc or is temporarily absent mcmbcr5lup. from Nigeria. the: Governor ma~ appoint any person 10 hold 1cmporarily the office held by such incapacitated or absent member during the pcnod of such incapacity or absencr and all the functions of such member under this Law shall dcvohe upon 1hc person so tcmporaril~ :1.ppointed. 6. \Vhere upon any special occasion the Board desires 10 obtain the Co-opuon of ad,·icc of an~ person on any parucular matter. the Board may co-opt such persons person 10 be a member for such mcetin£ or meetings JS ma~ be required. 2056 Meetings and proc.-c­ durc. KTSLI\ I of 1986. KDS 6 of 1976. Quorum. Common seal. ::>1~nding Orders. CAP. 141] Wa1er Boal'(/ and such person whilst so co-opted shall have all the rights and pri\'ilcgcs of a member save that he shall not be entitled to vote on any question. 7 .-(I) The Board shall hold such and so man~ meetings as may be necessary for thr due fulfilment of it!) function!'.! so. however. that it shall hold at least four meetings in ever} year. (2) At a meeting of the Board:- ~al the Chairman of the Board shall if present. be chaim,an of thc­ mcetin&: . (b) if and so long as the Chairman of the Board is not present or if the office of chairman is vacant. the members of the Board who are present shall choose one of their number to be chairman of the meeting. (3) Every question at a meeting of the Board shall be determined by a majority of the \'Otes of the members present and voting on the question. and in the case of any equal di\'ision of votes, the chairman of 1he meeting shall have a second or casting vote. (4) One third of the members of the Board may by notice in writing signed by them request the Chairman to call a special meeting of the Board for the purposes set out in such notice and the Chairman shall thereupon call a special meeting . 8. One-half of the members (including the Chairman or other member presiding) shall form a quorum at any meeting of the Board. 9.-(1) The Goard shJI! as soon as may be after its establishment provide itself with a common seal. (2) The common seal of the Board shall be ~uthenticated lw the signature of the Chairman of the Board or some other member 11{creof authorised b, the Board 10 act in that behalf and the sismmure of the ~ecrctary of ihc Board. - (3) Judicial no11cc shall be taken of the common s~al of the Board and e"c~ document purporting 10 be an instrument made by the Board and to be scaled with the common seal (purporting to be authenticated in accordance with this paragraph) of the Board shall be received in C\'idcncc and be deemed 10 be such ins1rumcn1 without further proof unless the contrary is shown. I 0. Subject to the pro\'isions of this Law. the Board may make standing orders for the purpose of regulatmg Jts own proceedings. Tl ·Gier SourceJ (Cowrol) [CAP. 142 2057 CHAPTER 142 WATER SOURCES (CONTROL) A LAW TO PROVIDE FOR THE CONTROL OF SOURCES OF \"'ATER N'' !%3. ( ap. 130. KDSLN i of I Qf~ K·1sL:-- l llr 1 <;~ .• , . [ 30 Dember I 96 I) o,te or commence- ment. I. This Law may be cited as the \Vater Sources (Control) Law. Shon mil:. 2. In thi~ Law:- ln1crprc1a- tion. '·Commissioner•· means the State Commissioner to whom is assigned for the time being responsibility for land: --state•· shall have the same meaning as in the- Constitution. 3. The Governor may by order, and after such inquiry. if any. as he may think fit. declare any river. lake. stream or waterway. other than a river. lake. stream or waterwa, which has been declared by the National Assembly to be a so,;rce affec1ing more than one State. to be a prescribed source of \\'ater for the purposes of this Law. 4. No person shall dam up or otherwise imerfcrc with any source of water prescribed in accordance with section 3 without first sen·ing on the Commissioner a notice stating the works he proposes 10 undertake in the prescribed form. Dcclar:uion of source of w.n.tcr. ln1crfi.::rcnct' With declared sources of water p1ol11l,ncd. 5. \\'ithin the time stated in the notice referred IO in scc1ion 4 Comm1<1e• the Commissioner may. if he is of the opinion that such dam. ~i~ohibi~1 ~~­ works or interrcrcnce will materially affect the now of water in any 1crfcn:ncc. rivcr:- (a) require the person serving the notice to desist from such undertaking; or (I>) consent io such undertaking either conditionall" or other­ wise. .l