CROSS RIVER – RURAL WATER SUPPLY AGENCY LAW

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LAWS OF CROSS RIVER STATE

CHAPTER R8

RURAL WATER SUPPLY AGENCY LAW

ARRANGEMENT OF SECTIONS

PART I

Establishment and Membership

SECTION

1. Establishment of Agency.
2. Establishment and membership of Board.
3. Tenure of office.

PART II

Functions and Powers

4. Functions of Agency.
5. General powers of Agency.
6. Functions of Board.

PART III

Funds and Accounts

7. Funds of the Agency.
8. Borrowing power.
9. Power to levy water rates and charges.
10. Investments.
11. Bank account.
12. Estimates.
13. Account, audit and annual report.

PART IV

Meetings

14. Co-option of members.
15. Validity of proceedings.
16. Quorum.
17. Presiding at meetings.
18. Holding of meetings.
19. Standing orders.

PART V

Offences

20. Wilful damage to waterworks.

SECTION

21. Waste of water supply.
22. Unlawful alteration of service.
23. Bathing and washing.
24. Refusal or refusing or failure to pay rates or charges.
25. Inciting any person to refuse to pay rates.

PART VI

Miscellaneous Provisions

26. Committees of Board.
27. General Manager.
28. Secretary.
29. Authentication of documents.
30. Representation in court.
31. Directions by Governor.
32. Remuneration of members.
33. Functions and gratuity, Pension Law, 1987.
34. Proof of money due.
35. Power of entry by health officer.
36. Services of notice, etc.
37. Waterworks excluded from rates.
38. Regulations.
39. Application of Water Board Law.
40. Interpretation.
41. Short title.

CHAPTER R8

RURALWATER SUPPLY AGENCY LAW

(7th January, 1991)

[Commencement.]

PART I

Establishment and Membership

1. Establishment of Agency

(1)      There is hereby established an Agency to be known as the Rural Water Supply Agency.

(2)      The Agency shall be a body corporate with perpetual succession and a common seal and with power to sue and be sued in its corporate name and to own, hold and dispose of property whether movable or immovable.

2. Establishment and membership of Board

(1)      There is hereby for the proposed management of the Agency, established a Board to be known as the Board of the Cross River State Rural Water Supply Agency.

(2)      The Board shall consist of—

(a)      a part-time Chairman and six other part-time members all of whom shall be appointed by the Governor; and

(b)      the following ex-officio members—

(i)       the General Manager of the Agency;

(ii)      the Permanent Secretary of the State Ministry of Public Utilities;

(iii)     the Permanent Secretary of the State Ministry of Finance and Economic Development.

3. Tenure of office

(1)      A member other than an ex-officio member shall hold office for a term of two years and shall at the end of such term be eligible for re-appointment for another term of two years only.

(2)      Notwithstanding the provisions of subsection (1) of this section, the office of a member shall become vacant if—

(a)      he by notice under his hand addressed to the Governor resigns his office; or

(b)      the Governor revokes his appointment.

PART II

Functions and Powers

4. Functions of Agency

The functions of the Agency are—

(a)      to develop the water resources of the State;

(b)      to provide potable water for all rural communities of the State;

(c)      to provide water to meet the requirements of agriculture, trade and industry in the rural areas;

(d)      to establish and maintain waterworks in the rural areas; and

(e)      to prevent and control pollution of rural water resources and water supplies.

5. General powers of Agency

The Agency shall have power—

(a)      subject to the terms and conditions as the Agency may from time to time approve, to engage such servants, contractors, staff and other workers as the Agency may require for the performance of its functions;

(b)      to establish and operate such organisational structures as may be approved by the Governor and to make such alterations as may become necessary, subject to the prior approval of the Board as the Agency may require for the performance of its functions;

(c)      to conduct research into any aspect of the development and maintenance of water resources and provide facilities for staff training and research;

(d)      upon terms and conditions approved by the Board to insure such of its property and assets as the Board may consider necessary;

(e)      to make, draw, accept or endorse negotiable instruments;

(f)      to enter into such contracts and perfect such assurances as the Board may require for the performance of its functions;

(g)      at all reasonable times, to enter upon any land or premises for the purpose of examining and repairing any mains, installations and other works belonging to the Agency;

(h)      subject to the maintenance of the original rates of flow and volume of water in any lake, river and other natural sources of water, to abstract from such lake, river and other natural sources, such water supply as the Agency may require for its purposes;

(i)       to supply, construct, maintain and operate waterworks and other stations as the Agency may require for the performance of its functions;

(j)      to do such other things and acts as the Agency may consider supplementary, ancillaryor incidental of its functions.

6. Functions of Board

The functions of the Board shall be—

(a)      to provide guidelines for the performance of its functions and the exercise of the power of the Agency under this Law;

(b)      to give guidelines on the management and development of the Agency;

(c)      to do such other things and acts as the Board may require for carrying into effect the provisions of this Law.

PART III

Funds and Accounts

7. The funds of the Agency shall consist of—

(a)      such sums as may from time to time be granted to the Agency by the State Government;

(b)      such revenue as the Agency may derive from its investments and services;

(c)      loans and grants to the Agency;

(d)      such sums as may accrue to the Agency from any other source whatsoever.

8. Borrowing power

The Agency may, subject to such terms and conditions as may be approved by the Governor, borrow such moneys as it may from time to time require for the performance of any of its functions under this Law.

9. Power to levy water rates and charges

The Agency may levy such water rates and impose such charges as it may deem fit for any of its services to any community, farmer, tradesman and industrialist in any rural area or part thereof.

10. Investments

The Agency may invest any sum standing to its credit which the Agency does not immediately require for its operation in such securities as the Governor may approve and at any time dispose of such securities.

11. Bank account

(1)      The Agency shall keep and operate a bank account in any reputable bank approved by the Commissioner and all moneys received on behalf of the Agency shall be paid into the said account.

(2)      No withdrawal shall be made from the said account unless the cheque or other instrument in respect of such withdrawal is signed by the General Manager and the accountant of the Agency or such other persons as may be authorised in that behalf by the Board.

12. Estimates

The Agency shall, not later than the 31st day of October in each year, submit to the Governor estimates of the revenue and expenditure of the Agency during the next succeeding financial year.

13. Account, audit and annual report

(1)      The Agency shall keep proper records, books and statements of the Agency relating to the income and expenditure of the Agency balance sheet, for each financial year.

(2)      The Agency shall as soon as may be after the end of each financial year submit to the Governor—

(a)      a report of its activities for that financial year;

(b)      the profit and loss account of the Agency including its balance sheet for that financial year; and

(c)      the report of the State Director of Audit on the said account.

PART IV

Meetings

14. Co-option of members

Whenever on any special occasion the Board desires to obtain the service of any person on any matter, the Board may co-opt such person to be a member for such meetings as the Board may decide and the person so co-opted shall have all the rights and privileges of a member except that he shall not vote on any question or count towards the quorum at such meeting.

15. Validity of proceedings

The proceedings of the Board shall not be affected by reason of any defect in the appointment of any member, or the absence of any member or vacancy in the membership of the Board or that a person not so entitled has taken part in such proceedings.

16. Quorum

No meeting of the Board shall proceed to business unless there is a quorum present and six members present at any meeting shall be the quorum.

17. Presiding at meetings

(1)      The Chairman shall preside at any meeting of the Board and in the absence, the members present at such meeting shall elect one of their number to preside.

(2)      The person presiding at such meeting shall have both an original vote and a casting vote.

18. (1) The members of the Board may at such date, time and place as the Chairman may decide, hold any meeting for the transaction of its business:

Provided that the Board shall meet at least once every three months.

(2)      The Chairman may at any time on his own motion and shall upon the requisition of any six members convene a meeting of the Board to transact any business specified in the notice of such meeting.

19. Standing orders

The Board may make standing orders for the proper conduct of its business and the regulation of its proceedings or those of any of its committees.

PART V

Offences

20. Wilful damage to waterworks

(1)      Any person who—

(a)      wilfully or negligently damages any waterworks, service or meter;

(b)      unlawfully draws off, diverts or takes water from any stream or any water on which any waterworks depends on; or

(c)      pollutes any such water, or allows any foul liquid, noxious or injurious matter to enter into any water or service connected therewith, is guilty of an offence and liable on conviction to fine not exceeding ₦20,00 or to imprisonment for a period not exceeding six months or to both such fine and imprisonment, and for every day during which the offence continues after a notice from the Agency requiring the same to be stopped, to a further fine not exceeding ₦200.

21. Waste of water supply

Any person who wilfully or negligently misuses water or causes or allows to be misused or wasted, any water supplied to any tenement from any waterworks is guilty of an offence and liable on conviction to a fine not exceeding ₦50.00 or to imprisonment for a term not exceeding one month or to both such fine and imprisonment.

22. Unlawful alteration of service

Any person who alters, or permits to be altered any service without the consent of the Agency or contrary to any regulations made under this Law is guilty of an offence and liable on conviction to a fine not exceeding ₦50 or to imprisonment for a term not exceeding one month or to both such fine and imprisonment.

23. Bathing and washing

Any person who—

(a)      bathes in any part of any waterworks;

(b)      washes, throws or causes to enter therein any horse, dog, goat, pig or other animal, or any clothes, material or thing; or

(c)      wrongfully opens or closes any lock, clock, value, sluice or manhole belonging to any waterworks,

is guilty of an offence and liable on conviction to a fine not exceeding ₦100 or to imprisonment for a term not exceeding four months or to both such fine and imprisonment.

24. Refusal or refusing or failure to pay rates or charges

Any person who, without lawful justification or excuse, the proof of which shall lie on the person charged, refuses or fails to pay any rate or charge payable by him by virtue of this Law by the date on which it is due, is guilty of an offence and liable on conviction to a fine not exceeding ₦200 or imprisonment for a term not exceeding four months or to both such fine and imprisonment.

25. Inciting any person to refuse to pay rates

Any person who, without lawful justification or excuse, the proof of which shall lie on the person charged, incites any person to refuse to pay any rate or charge payable by him by virtue of this Law is guilty of an offence and liable on conviction to a fine not exceeding ₦200 or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

PART VI

Miscellaneous provisions

26. Committees of Board

The Board may, subject to such terms and conditions as it may approve, appoint any standing or ad hoc committee as the case may be, to perform on its behalf such of its functions as it may determine, but no decision of such committee shall have effect unless it has been approved by the Board.

27. General Manager

(1)      There shall be a General Manager of the Agency who shall be appointed by the Governor.

(2)      A person shall not be qualified to be appointed a General Manager unless he is a qualified engineer or earth scientist.

(3)      The General Manager shall be the Chief Executive and accounting officer of the Agency and shall, subject to the general policy guidelines approved by the Board, be responsible for the day-to-day administration of the affairs of the Agency and perform such other functions as the Board may from time to time direct.

(4)      The General Manager shall be paid such remuneration and be subject to such conditions as the Governor may approve but the General Manager shall not be paid any remuneration less than that paid to a Permanent Secretary in the State Civil Service.

28. Secretary

(1)      There shall be a Secretary to the Board who shall, subject to such conditions as the Governor may approve, be appointed by the Board.

(2)      The Secretary shall be a subordinate officer to the General Manager and shall—

(a)      conduct such correspondence of the Board as it may direct;

(b)      shall be the head of administration;

(c)      keep custody of the minutes and records of the proceedings of the Board; and

(d)      carry out such other duties as the Board may from time to time direct.

29. Authentication of documents

(1)      The common seal of the Agency shall not be used or affixed to any document except in pursuance of a resolution duly passed at a meeting of the Board and recorded in the minutes of such meeting.

(2)      The fixing of the common seal of the Agency shall be authenticated by the signature of the Chairman and the General Manager or of such other members as may be generally or specifically authorised in that behalf by the Board.

(3)      Any contract or instrument which would not be required to be under seal if entered into or executed by a person, may be entered into or executed as the case may be on behalf of the Agency by any person generally or specifically authorised in that behalf by the Agency.

(4)      Any document purporting to be a document duly executed under the seal of the Agency shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

30. Representation in court

In any civil action or proceeding, the Agency may at any time be represented in court by a State Counsel or a legal practitioner approved by the Attorney General of the State.

31. Directions by Governor

The Governor may give to the Agency directions of a general or specific nature with respect to the performance by the Agency of its functions under this Law and the Agency shall comply with such directions.

32. Remuneration of members

The Chairman and other appointed members shall be paid such remunerations as the Governor may approve.

33. Functions and gratuity, Pension Law, 1987

Services under the Agency is pensionable and qualifying service within the meaning of the Pensions Law 1987 and shall be deemed to be included in Schedule 2 to the said Law.

34. Proof of money due

In any action for the recovery of any rate, charge or other moneys, other than fines and penalties due, payable or recoverable under this Law, a certificate from the Agency or of any person appointed by the Agency in that behalf, that any sum of money is due and that the defendant is the person liable to pay the same, shall be prima facie evidence of such debt and of the non-payment thereof.

35. Power of entry by health officer

A health officer or any person authorised in writing by him may enter any waterworks between six o’clock in the morning and six o’clock in the afternoon or in any emergency at any other time for purposes of inspecting such waterworks or any part thereof and of taking samples of the water supplied from such waterworks.

36. Services of notice, etc.

Service upon the Agency of any notice, order or other document may be affected by delivering the same or by sending it by registered post to the General Manager of the Agency.

37. Waterworks excluded from rates

Waterworks vested in and any property of the Agency shall not be rateable under any written law.

38. Regulations

The Board may, with the approval of the Commissioner, make regulations for the better carrying out of the provisions of this Law and, without prejudice to the generality of the foregoing provisions, make regulations with respect to—

(a)      the price of or charge for water supplied—

(i)       by means of a public supply;

(ii)      by meter;

(iii)     by means of a private supply to a tenant;

(iv)     to a site of any building under construction;

(b)      the levying or imposition of a special rate or charge;

(c)      the amount of rent to be paid for meters;

(d)      the officer to whom or the office at which the rate, charge or rent shall be paid, and whether such rate, charge or rent shall be payable monthly, quarterly, half-yearly in arrears or in advance, and the date on which the first payment of such rate, charge or rent shall become due, or in the case of water supplied by a public supply the manner in which the charge for such shall be payable;

(e)      exemptions from any water rate or charge on any tenement or class of tenements, or any person or class of persons;

(f)      the method and manner in which water may be taken from public fountains or a public supply;

(g)      the prices to be paid for all services constructed or laid by the Board, and the time and place for the payment of the same;

(h)      the construction, laying, fitting, alteration or readjustment of services, and the nature, quality, size and pattern thereof, and of meters used therewith;

(i)       the forms of all notice required to be given or sent under this Law and the issuing and service thereof;

(j)      the control, whether or not by prohibition, of boating on or fishing in any waterworks;

(k)      the prevention of the wrongful opening or closing of any lock, clok, valve, sluice or manhole appertaining to any waterworks or otherwise belonging thereto;

(l)       the prevention of waste water;

(m)     the prevention of the commission of any offence or nuisance in or about any of the stations, works, plants, buildings or premises of the Agency;

(n)      the prevention of trespasses upon or injury to stations, works, plants, buildings or premises appertaining to any waterworks or otherwise belonging thereto;

(o)      generally controlling the operation of the waterworks and the governance thereof and maintenance of good order thereon;

(p)      generally providing for the preservation and the conservation of the sources of water in catchment areas;

1. q) the prescription of penalties for offences against any regulations made under this section.
2. Application of Water Board Law

The Water Board Law shall no longer apply to rural areas and all assets and property owned by the Water Board and situate in any rural area are hereby transferred to the Agency and shall by virtue of this section and without any further assurance vest in the Agency.

40. Interpretation

In this Law, unless the context otherwise requires—

“Agency” means Cross River State Rural Water Supply Agency established by section 1 of this Law;

“Board” means Board of the Agency;

“Chairman” means Chairman of the Board;

“Commissioner” means Commissioner Public charged with the responsibility of Public Utilities;

“ex-officio” means a member by virtue of his office in the public service;

“General Manager” means General Manager appointed under section 27;

“Governor” means Governor of the State;

“meeting” means meeting of the Board;

“member” means member of the Board;

“State” means Cross River State of Nigeria.

41. Short title

This Law may be cited as the Rural Water Supply Agency Law.

CHAPTER R8

RURAL WATER SUPPLY AGENCY LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation