LAW FOR DELTA RURAL WATER SUPPLY AGENCY GETS DTHA'S EAR

A bill submitted to the Delta State House of Assembly for the establishment of a Rural Water Supply Agency by the state government has scaled through a second reading.

The bill which has been committed to the House committee on Agriculture, Natural and Water Resources for smoothening was introduced by the majority leader, Hon.(Barr.) Krees Njiokwuemeni and seconded by Hon. Misan Ukubeyinje who represents Warn North constituency.

Below are provisions of the bill:

CHIEF JAMES ONANEFE IBORI GOVERNOR DELTA STATE

A BILL

FOR

A Law to provide for the establishment of Rural Water Supply Agency for the harnessing and utilisation of water in the rural areas and for matters incidental thereto

DELTA STATE

Short Title and Commencement. Interpretation.

 

 

 

 

 

 

 

 

 

 

 

 

BE IT ENACTED by the Delta State House of Assembly follows-

1. This Law may be cited as the Rural Water Supply Law, 200].

2. In this Law-

"Appointed day" means the date of commencement of this Law,

"Appropriate Authority" means the Commissioner charged with matters of Water Resources development; "Agency" means the Delta State Water Supply Agency;

"Council" means a Local Government Council(s) within the jurisdiction of a water scheme or facility. "Member" in relation to the Agency include the Chairman,

"Governor" means the Governor of Delta State;

"Government" means the Government of Delta State.

"Rural Water Supply" means the provision of potable water to rural communities;

"Rural Community" means the areas with a generally disperse population of less than 10,000 without urban amenities;

"State" means the Delta State of Nigeria.

PART II " ESTABLISHMENT, COMPOSITION AND FUNCTION OF THE AGENCY

Establishment of the Agency

 

 

 

3(i) There is hereby created a body to be known as the Delta Stale Rural Water Supply Agency for the purpose of rural water supply in the State,

(ii) The Agency shall be a body corporate with perpetual succession and common seal and shall have power to sue and be sued in its corporate name and to hold, acquire and dispose of any property whether movable or immovable for the purpose of carrying out its functions under this law.

Establishment of the Board

4. There is hereby established for the Agency, a Rural Water Supply Board, which shall be responsible for the management and control of the Agency.

Composition of the Board Appointments, Tenure and incidental matters

 

 

 

5(1) The Board shall consist of:

(a) the Chairman;

(b) five other members;

(c) one representative of:

(i) the Ministry charged with water resources development;

(ii) the Ministry of Health;

(iii) the Ministry of Justice; and

(iv) the Ministry of Finance.

 

(2) The Chairman and other members of the Board, shall he appointed by the Governor, except the ex-officio members, on part-time basis.

(3) The Chairman and non ex-officio members of the Board shall hold office for three years and may be eligible for re-appointment, unless the Governor directs otherwise.

(4) There shall be paid to the Chairman and non-ex-officio members such remuneration and'allowances as the Governor may, from time to time. determine.

Secretary.

6(1) The General Manager of the Agency shall be the Secretary to the Board

(2) The Secretary shall:-

(a) upon the direction of the Chairman summon all meetings of the Board;

(b) record and keep in a book provided for that purpose, the proceedings of the meetings of the Board;

(c) keep custody of the common seal of the Board; and

(d) perform such other duties as may from time to time be: assigned to him by the Board.

Meeting and proceedings

7(1) The Board shall meet at least once in a quarter of every year and at such other times as may be expedient for the transaction oi business and such meetings shall be held at such places and times on such days as the Board may determine.

(2). The Chairman shall preside at any meeting of the Board and in his. absence, the members present shall nominate one of themselves to preside at that meeting.

 

(3) The quorum of the Board shall be four members present and voting.

(4) The Board shall regulate its own proceedings and make standing Orders in respect thereof.

(5) The Chairman or the member presiding at a meeting of the Board shall have original vote and, where there is tie. a casting vote

(6) The Chairman may at any time summon .1 special or emergency meeting of the Board or shall do so at the request in writing by at least three members of the Board.

(7). The validity of any proceedings of the Board shall not be affected by vacancy in the membership of the Board of any defect in the appointment of a member.

PART III - FUNCTIONS AND POWERS

Functions of the Board.

The functions of the Board shall include the following:

(a)    to design, construct, rehabilitate, improve, maintain, operate and execute the State Rural Water Supply Programme and other structures connected with good Water Supply.

(b)  to design, construct, improve, maintain and execute the State Rural Water supply schemes;

(c)   to liaise with the State and Federal Ministries and Agencies in the design and implementation of programmes and projects in the area of rural water supply;

(d)   to define, encourage and support any activity that will enhance rural water supply;

(e)   to identify, involve and support local community members, leaders and organisations in the effective mobilisation of the rural population for accelerated and sustained rural water supply;

(f)     to supervise and monitor on a continuous or regular basis the entire range of rural water supply activities carried out or supported by the Board pursuant to this Law;

(g)   to commission and support studies and research projects that will facilitate the execution of the functions of the Board;

(h)   to train staff and local government personnel in drilling and maintenance of equipment;

(i)     to carry out rehabilitation of existing water supply schemes in the rural communities; and

(j)     to provide intervention programme for the operation and sustenance of water supply schemes.

General Powers

9(1) Subject to the provision of this Law, the Board shall have power to carry of the Board. out all activities which are necessary, advantageous or convenient for the performance of its functions under this Law;

 

(2) Without prejudice to the generality of the provision of subsection (1) of this section, the powers of the Board shall include:

(a)    to design, construct and maintain/operate rural water supply and other structures relevant to good water supply;

(b)    to prepare such master plans as may be necessary for the development and maintenance of the Board's undertaking

(c)    to enlighten the rural communities in order to create a good sense of awareness and acceptance of the facilities;

(d)    to encourage Communities to form their own village committees for the purpose of operation and sustainability of the facilities provided by the Board;

(e)    to do anything for the purpose of advancing the skills of persons employed by the Board including facilities for training, education and research or the efficient running of the services of the Board;

(f)      to construct and maintain buildings and other works necessary for the discharge of its functions under the law.

(g)    to enter into such contracts as may be necessary, advantageous or expedient for the performance of its functions under this law;

(h)    to acquire, purchase, lease, hold, construct, manufacture or maintain any property whatsoever whether movable or immovable, required for or in connection with the performance of its functions and to sell, dispose of or otherwise deal with such property or any part thereof;

(i)      to invest money standing to its credit and not for the time being required for its purpose, in stocks, shares, debentures or other securities whatsoever approved by the State Governor, and to sell such stocks, shares, debentures or other securities;

(j)      to do all such other things as will enable the Board more effectively perform its functions.

(k)     to act as clearing authority for community water scheme in order to remove duplications, ensure standards and sustainability.

(l)       to monitor the activities of the Agency, including the prosecution of defaulters.

Power of the state Governor to give directions on policy matter.

10(1) The Governor may give to the Board, general and special directions as to the policy to be followed in the exercise or performance of its functions and the Board shall comply with and give effect to all such directions;

(2) The Board shall avail the Governor 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 furnished in such manner and at such times as he may require;

Appointment of General Manager.

11(1) There shall be a General Manager for the Agency, who as the chief executive shall be responsible for the general administration of the Agency.

 

(2) The General Manager shall be appointed by the Governor on the recommendation of the Board.

Head of Department.

12. The Agency shall be organised into such departments as the Board may from time to time approve and each department shall have a head who shall perform the duties and functions which may be assigned to him.

Power of appropriate authority to give directions

13. The appropriate authority may give to the Agency such direction of a general character as to the discharge by the Board of its functions as appear to the appropriate authority to be necessary to ensure conformity with policies of the Government and the Board shall give effect to any such directions.

PART IV FINANCIAL PROVISIONS: ASSETS AND LIABILITIES OF THE AGENCY

Transfer to the Board of rural facilities of the Government and Assets and liabilities appertaining thereto

14(1) All existing rural water supply facilities which are in use or under construction or initiated by previous State Government Agencies, on behalf of the Government and are the property of the Government immediately before the appointed day, shall as from the appointed day, vest in the Agency by virtue of this law without further assurance, and such vesting shall extend to the whole of the rural water supply facilities including all lands, works and other property, assets, powers, rights and privileges appertaining thereto or enjoyed in connection therewith.

(2) All liabilities and obligations of the Government in respect of any transferred rural water supply facilities under subsection (1) of this section falling due or to be discharged on or after the appointed day shall as from the appointed day become the liabilities and obligations of the Agency; provided that the Agency shall not be liable or obliged to repay to the Government any loan or part thereof made before the appointed day by the Government to any local government council for the construction or otherwise in respect of any transferred water works and not yet repaid to the Government by the council before that day.

(3) Subject to the provisions of this section and unless the circumstances would not admit, every deed, bond, agreement, instrument and working arrangement to which the Government was a party relating to any rural facility, asset or liability transferred by virtue of this section, shall continue to have effect as if:

(i) the Agency was a party at the beginning thereto;

(ii) reference to the Government thereto means the Agency.

(4) Where, by the operation of any of the foregoing provisions of this section, any rural facilities, lands, works or other property, assets, , powers rights and privileges are vested in the Agency, the Agency shall, from the appointed day, exercise the same rights powers and remedies (and in particular the same rights and powers as to the prosecution and defence of legal proceedings) for protecting or enforcing rights relating to such rural facilities, lands, works, or other property assets or privileges by or against the Government pending on the appointed day in respect of the same and shall be continued by or against the Agency.

(5) The appropriate authority shall collate, prepare and deliver to the Agency such particulars as the Agency may require, relating to rural water supply facilities, including lands, works, or other properties, assets, powers, rights or privileges vested in the Agency by the provisions of this section.

(6) In the section - "property" without prejudice to the generality of its meaning includes buildings and appurtenances, stores, materials, investments, funds, loans and accounts receivable, claims and liens as may be applicable in this law.

Funds and Resources.

15. The funds and resources of the Agency shall consist of:

(i)                  all sums, investment or other property whatsoever vested in the Agency by the provisions of section 14 hereof;

(ii)                such sums or other property whatsoever as may from time to time be advanced by ay of loans or- grants to the Agency by the Government, Local Government Council or Statutory Corporations in the State, the Government of the Federal or of another State; any International Organisation, any private foundation or any person whatsoever;

(iii)               money earned or arising from any investments or other property whatsoever acquired by or vested in the Agency;

(iv)               all other sums or other property whatsoever which may in any manner become payable to or vested in the Agency 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;

Borrowing.

16(1) Subject to sub-section (2) of this section, the Agency may borrow any sums of money as it may require for the exercise of its functions under this Law.

(2) The power of the Agency to borrow any money under sub-section (1) of this section, shall be subject to the approval of the Governor.

 

17. The Government may guarantee on such conditions agreeable to it, the repayment of loans borrowed by the Board.

PART V " ADMINISTRATIVE ORGANISATION OF THE AGENCY 18(1)

Power of the Board to establish and maintain departments etc and make other administrative arrangements.

The Agency shall be organised into such departments as the Agency may from time to time approve and each department shall have a head who shall perform the duties and functions which may be assigned to him.

(2) The Board shall have ultimate responsibility for the execution of its policies in accordance with the provisions of this law.

Power to engage Staff.

 

19. The Board may from time to time cause to be employed, such Officers and employees as may be necessary for the purpose of the functioning of the Agency upon such salaries, terms and conditions as it may think fit.

Secondment and transfer of Government and Local Government Council Employees.

20. Subject to the provisions of this section, the Agency may engage on secondment such officers from the public services of the State or the service of any Local Government Council in line with the procedure applicable in respect of the secondment of officers of the public service of the State or of the local government councils.

Application of the Pensions Act No. 102 of 1979 to employee of the Board

21. Service in the Agency shall be approved service for the purposes of the Pensions Act and, accordingly, Officers and other persons employed in the agency shall in respect of their service be entitled to pensions, gratuities and other retirement benefits as in the civil service of the State.

PART IV - ACCOUNTS AND REPORTS OF THE AGENCY 22(1)

Accounts and Audit.

22(1) The Agency shall maintain proper books of account in accordance with standard accounting requirements and shall submit the same at the end of each year to the Auditor-General of the State.

(2) At the end of every financial year, the Auditor-General shall submit the report of his audit of the Accounts of the Agency to the Governor.

Annual Report.

23(1) The Agency shall on or before the 1st of July in each year prepare and present to the Governor a report of its proceedings ending on the 31st December of the previous year.

 

(2) The Agency shall in each financial year not later than 31st October, submit to the Governor for approval, its estimate of income and expenditure in respect of the period commencing on the first day of January and ending on the 31st day of December of the following year.

Disclosure of Interest by membersof the Board.

24(1) A member of the Board who is in any way directly or indirectly interested in a transaction involving the Agency shall disclose the nature of his interest at a meeting of the Board, and the disclosure shall be recorded in the minute book of the Board and the member shall not take part in any deliberation or decision of the Board with respect to that transaction.

 

(2) For the purpose of subjection (1) of this section a general notice given at a meeting of the Board by a member to the effect that he is associated with any trade or business or is a member of specified company or firm which is interested in any transaction or project of the Agency shall be regarded as sufficient disclosure of his interest in relation to that transaction or project.

(3) A member of the Board need not attend in person at a meeting of the Board in order to make disclosure which he is required to make under this section if he takes reasonable steps to ensure that the disclosure is made by a notice which is brought up and read at the meeting.

Proof of monies

 

25 in any action for the recovery of any property, debt or other monies (other duc. than fines and penalties) payable or recoverable under this law, a certificate under the hand of the Chairman of the Board or of any person appointed by the Board in that behalf that such sum of money is due and that the defendant is the person liable to pay the same shall in (he absence of evidence to the contrary be the conclusive evidence of such debt and of the non-payment thereof, and that the defendant is the person liable to pay the same.

PART VII - MISCELLANEOUS AND GENERAL

Preliminary investigation in respect of land for rural water supply facilities.

 

 

 

 

 

 

26(1) Whenever it appears to the Agency that any land in the State is likely to be needed for the purpose of any rural water supply facility the Agency may, by its servants and agents together with necessary works enter upon any such land after at least six weeks notice of its intention to enter has been given to the such occupier and;

(a)         (i) survey and lake levels of the land;

(ii) dig or bore under the sub soil; and

(iii) do all other acts necessary to ascertain whether the land is suitable for such purpose;

(b) clear, set out and demarcate the boundaries of the land in respect of which it is proposed to make an application. Provided that no such agent, servant or workman shall enter any building or upon any enclosed court or garden attached to a dwelling house (except with the consent of the occupier thereof).

(2) As soon as any entry is made under sub-section (1) of this section, the Agency shall pay compensation for all reasonable damages arising out of the exercise of any power conferred by that sub-section,

(3) In the case of dispute as to the amount of any compensation payable under this section the amount may be determined in the division of the High Court having jurisdiction over the land.

Revocation of Right of Occupancy.

27(1) Whenever there is hindrance to acquisition by the Agency of any land required for the purpose of any rural water supply facility including failure by the Agency to reach agreement as to the amount to be paid in respect of the acquisition, the Governor on the application of the Agency and after such enquiry as he may think fit, may revoke the statutory right of occupancy comprised in the land for overriding public interest under the Land Use Act. 202 Laws of the Federation 1990.

(2) The compensation, if any, payable under the LAND USE ACT, 1978, for the acquisition of any land under this section shall in the first instance, be paid by the Government and the same together with all incidental expenses incurred by the Government shall be refunded by the Agency.

Extension of Instrument.

28. Any contract or instrument which, if entered into or executed by a person not being a body corporate would not require to be under seal may be entered into or executed on behalf of the Agency by any person generally authorised by the Board for the purpose.

Service of Notice etc.

29. Service upon the Agency of any notice, order or other documents may be effected by delivering the same or by sending it by registered post addressed to the Chairman of the Board.

Infrastructure.

30. No infrastructure or property of the Agency shall be regarded as hereditaments or tenements to be valued for rating purposes under any law.

Committees.

31. The Board shall have power to form standing committees for the purpose of carrying out its functions under this law.

Authentication.

32. The Common Seal of the Board shall be attested to by the Chairman and the Secretary.

MADE at ASABA this.................day of............... 2001.

 

 

 

CHIEF JAMES ONANEFE IBORI

GOVERNOR,

DELTA STATE.

 

other bills