NASARAWA STATE WATER EDICT

Published by Law Nigeria Admin at 17th May 2019

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LAWS OF NASARAWA STATE OF NIGERIA

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NASARAWA STATE WATER EDICT

ARRANGEMENT OF SECTIONS

Citation and commencement
Interpretation
Establishment
Establishment of the Board of Directors
[Board membership]
Tenure of office of members of Board
Emoluments of Members of the Board
[Meetings of the Board]
Committees
Secretary to the Board
Object of the Board
Functions of the Board
Powers of the Board
Management of Affairs of the Board
General Manager
Management of the Board’s Business and Administration
Staff of the Board
Executive of Contracts Authentication of Documents
Internal Auditor
Funds and Resources of the Board
Estimates of Income and Expenditure
Bank Accounts and Borrowing Powers of the Board
Debentures to the Government
Investments in stocks etc.
Board to pay sums into State Consolidated Revenue Fund
Defraying of Charges, etc.
Revenue Fund
Bad and Doubtful Debts to be written off
Accounts and Audit
Surcharge
Recovery surcharge
Contributory etc. scheme for officers and employees of the Board
Personal Immunity members, Agents, etc.
Appeal against Surcharge and compensation
Directions of the Executive Governor
Annual Report
Use and payment and non-payment of water by Fire Service
Water-works and property excluded from rates
Penalty for unapproved construction of water-works
Penalty.
No person to alter damage service or meter to avoid payment, etc.
[Altering service, Avoidance of account or non-payment for water supplied]
Foul Accumulation of earth, etc. an offence
[Pollution of water-works]
General Penalties
Offences by Bodies of Persons
Service of Notice, etc
Restriction on execution against the Board
Restrictions on suit against the Board
[Execution of attachment of process against Board or water-works]
[Pre-action notices]

NASARAWA STATE WATER EDICT

LAW 8 of 1998

PART 1 – PRELIMINARY

Enactment

THE MILITARY ADMINISTRATOR OF NASARAWA STATE OF NIGERIA hereby makes the following Edict:

Citation and commencement

This Edict may be cited as the Nasarawa State Water Edict, and be deemed to have come in force on 1st October, 1996.

Interpretation

In this Edict, unless the context otherwise requires:-

“Assessed Value” in relation to a tenement means the capital annual or unimproved value at which the tenement is for the time being assessed in accordance with the provisions of the Nasarawa State Tenement Rate No. 2 of 1997.

“Catchment Area” means an area of land or water from which water contributes to the supply of water works.

“Commissioner” means the State Commissioner who, for the time being is charged with the responsibility of Water Resources and Rural Development.

“Dwelling House” means premises used wholly or mainly for the purpose of private dwelling with or without any garage, out-house, garden, compound, yard, fore-court or other appurtenances belonging to or usually enjoyed with it.

“Excess Consumption” means:-

(a) In the case of a tenement in respect of which general water rate is not payable, quantity of water ascertained by metre as having been consumed in the tenement; and

(b) In the case of a tenement in respect of which general water rate is payable, quantity of water ascertained by metre as having been consumed in the tenement in excess of such monthly allowance as may be prescribed.

“Financial Year” means a period of twelve months commencing on 1st January.

“Gathering Ground” includes any area of land or water which contributes to the supply of any water-works.

“Government” means the Government of Nasarawa State.

“Health Officer” includes a Medical Officer of Health, a Health Inspector or any other person acting on the authority of the Medical Officer of Health.

“Metre” means an appliance or instrument used for the measuring or ascertaining the amount of water taken or used from any water-works by means of any service.

“Metered Supply” means a supply by means of a service where the water supplied is measured by metre.

“Military Administrator” means the Military Administrator of the State.

“Occupier” means the person in occupation of a tenement or any part thereof, but does not include a lodger.

“Owner” includes

(a) The person for the time being receiving the rent of the tenement in respect of which the work is used, whether on his own account or an agent or trustee for any other person, or who would receive the rent if such tenement were let to a tenant; and

(b) The holder of a tenement from the State whether under a certificate of occupancy, lease, license or otherwise;

“Private Supply” means a supply by means of a service to any tenement for the purpose of supplying water to be used within the area of such tenement.

“Public Fountain” means a fountain, stand-pipe, valve, tap or other device, natural or constructed from which water squirts or is made to squirt.

“Public Supply” means a supply by means of any public fountain, stand-pipe, valve, tap or other appliance for supplying water to the public other than a metre, by or through which water flows or is intended to flow from water works.

“Service” means a system of water-works, boreholes and fountains and includes severally and collectively all the complimentary pumps, plants, equipment, instruments, main and distribution pipe lines, tap and civil constructions which are all connected with the production (or procuration) and supply of water.

“State” means Nasarawa State of Nigeria.

“Street” includes a road, highway, bridge, thorough-fare, access road, avenue, alley, square, court or other passage of place over or to which the public have a right of way or access.

“Tenement” means any land (including an island, cave, lake or other water surface) with or without buildings which is held or occupied as a district or separate holding or tenancy or any wharf, pier or jetty similarly held or occupied.

“Undertaking” means the system of all the materials, plant, equipment constructions, instruments and other devices used together in the production, supply and distribution of water.

“Water-works” means all reservoirs, ponds, boreholes and other subterranean water sources which are used with any dam, weir, tank, stem, tunnel, conduit, aqueduct, fountain, main-pipe, valve, pump, engine, filter-bed, treatment plant or other structure of appliances constructed or used for the production, storage, supply, distribution, measurement or regulation of water.

PART II – ESTABLISHMENT OF NASARAWA STATE WATER BOARD

Establishment

(1) There is hereby established the Nasarawa State Water Board (hereinafter referred to as “the Board”).

(2) There is hereby established for the Water Board to be known as the Board of Directors of the Nasarawa State Water Board.

(3) The Board shall be a body corporate with the perpetual succession and common seal and may sue and be sued in its corporate name. The Board shall be the governing body of the Water Board and shall in that capacity:

(a) exercise all the functions of the Board; and

(b) do or carryout all acts or things which the Board is, by this Edict, or may, be any other Edict, be required to do or carry out.

Establishment of the Board of Directors

(1) The Board of Directors shall consist of the following Composition of Board of Directors members:

(a) A part-time Chairman

(b) The General Manager referred to in Section 15 of this Edict

(d) A representative of the Ministry of Justice.

(e) A representative each of the following:

(i) The State Government as represented by the supervising Ministry.

(ii) Chairmen of the Local Government Councils in the State; and

(iii) The Nasarawa State Chambers of Commerce, Industry, Mines and Agriculture.

(2) The persons referred to in paragraphs (a) and (b) and (c) of Sub-section (1) of this Section shall be appointed to the Board by the Military Administrator.

[Board membership]

(1) Qualifications of the Board members include:

(i) All Board members must be citizens of Nigeria.

(ii) The Chairman should have water industry professional experience and must have achieved a reputable position in his career.

(iii) Board members must be knowledgeable individuals preferably with a sound professional background in the water industry or with associated credentials whose abilities and experience complement the functions of the Board.

(2) No person shall be qualified to be member of the Board who:

(a) Has been adjudged or otherwise declared:-

(i) A bankrupt under any Edict in force in Nigeria and has not been discharged; or

(ii) Liable to pay certain amount of money by court of competent jurisdiction and is unable to do so within 30 days of such declaration.

(iii) To be of unsound, or

(b) Is detained as a criminal lunatic under any Edict for the time being in force in Nigeria; or

(i) For an offense involving the security of the State, fraud, dishonesty or moral turpitude; or

(ii) for any other offense, and has not been granted a free pardon; or

(d) Has been found by the Report of a Commission or a Committee of Inquiry to be incompetent to hold public office; and such findings have not been set aside on appeal or judicial review; or

(e) Has had property confiscated as a result of the findings of a Commission or

(f) Is under sentence imposed upon him by any court.

(3) Without prejudice to the provisions of Sub-section (1) of the Section, any member of the Board shall cease to be a member if:

(a) He is absent from three consecutive meetings of the Board without sufficient reasons; or

(b) In the case of a person possessed of professional qualifications, he is disqualified from practicing his profession in Nigeria by order of any competent authority made in respect of him personally.

(4) Where the Board is satisfied that the continued presence on the Board of any members is not in the interest of the Board, it may recommend to the Military Administrator that the member concerned be removed from his office; and if the Military Administrator, after making such enquiries as he considers necessary, approved of the recommendations, he may in writing declare the office of the member vacant.

Tenure of office of members of Board

6.(1) All the members of the Board, shall subject to Sub-section (2) of this Section, hold office for a term of four years and may be eligible for re-appointment for another term of four years only.

(2) A member may at any time resign his office in writing addressed to the Military Administrator. 6

(3) The Military Administrator may revoke the appointment of a member if the Military Administrator is satisfied that such member:

(a) Is incapacitated by physical or mental illness from performing his functions as a member; or

(b) Is otherwise unable or unfit to discharge the functions of a member.

(4) Members of the Board ceasing to hold office shall, subject to Sub-sections (1), (2) and (3) of this Section be eligible for re-appointment.

(5) The Chairman of the Board shall notify the Military Administrator of all vacancies occurring in the membership of the Board.

(6) Where any member of the Board is incapacitate by illness or any other cause from performing the functions of his office, the Military Administrator may appoint another person to act in his office until the member is able to resume the performance of his functions.

Emoluments of Members of the Board

There shall be paid to each member of the Board and its Committees and any co-opted person such allowances in respect of travelling and other reasonable expenses at such rate as may, from time to time, be fixed by the Military Administrator.

[Meetings of the Board]

(1) The Board shall ordinarily meet for the dispatch of business at such times and places as the Chairman may, from time to time, appoint, but shall meet at least four times every year.

(2) The Chairman shall upon the request in writing signed by not less than four members of the Board summon a special meeting of the Board within fourteen days on receipt of such request.

(3) At every meeting of the Board, the Chairman shall preside and in his absence, the members present shall elect a person from among their number to preside at that meeting.

(4) Every question coming before the Board at any meeting shall be decided by a simple majority of the votes of the members present and voting; and in case of an equality of votes, the Chairman or the other person presiding shall have a second or casting vote.

(5) The quorum for any meeting of the Board shall be four including the Chairman or the other person presiding.

(6) The Board may at any time co-opt any person or persons to act as an adviser or advisers at any of its meetings, but no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by the Board.

(7) A member of the Board who is any way directly or indirectly interested in any contract or transaction or project of the Board shall disclose the nature of his interest at a meeting of the Board and the disclosure shall be recorded in minutes of the Board and the member:-

(a) shall not take any part in any deliberation or decision of the Board with respect to that contract or transaction or project; and

(b) shall be disregarded for the purpose of constituting a quorum of the Board for any such deliberation or decision.

(8) For the purposes of Sub-section (7) of this Section, a general notice given at a meeting of the Board by a member of the Board to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract or transaction or project of the Board concerning the company or firm, shall be regarded as a sufficient disclosure of his interest in relation to that contract or transaction or project.

(9) A member of the Board needs not attend in person at a meeting of the Board in order to make any disclosure which he is required to make under Sub-section (7) of this Section if he takes reasonable steps to ensure that the disclosure is made by notice which is brought up and read at the meeting.

(10) Any member who infringes Sub-sections (7) and (8) of this Section shall be liable to be removed from the Board.

(11) The validity of the proceedings of the Board shall not be affected:-

(a) by any vacancy existing in its membership or by any defect in the appointment of any of them; or

(b) by inadvertent error in addressing it or failure in the delivery thereof.

(12) Except as otherwise expressly provided under this Section, and subject to this Edict, the Board may make standing orders for the purpose of regulating its sown procedure.

Committees

(1) Subject to Sub-section (2) of this Section, the Board may appoint one or more Committees of the Board to advise it on or take any other action:-

(a) as to the initiation, execution, administration or progress of any project, scheme or activity which the Board may undertake or in which it may participate; or

(b) for any other purpose whether general or specific relating to the functions of the Board, which in the opinion of the Board is better regulated or managed by means of a Committee.

(2) The Board may on such terms and conditions as it may think fit delegate to a Committee appointed under Sub-section (1) of this Edict, except that such delegation shall not include:-

(a) making extraordinary expenditure;

(b) borrowing money; and

(3) The composition, tenure of office and remuneration of members of the Committee appointed pursuant to Sub-section (1) of this Section, shall be determined by the Board.

(4) A Committee appointed under Sub-section (1) of this Section may include persons who are not members or officers or employees of the Board, but who possess such special qualification or experience as in the opinion of the Board shall prove beneficial to the work of the Committee.

Secretary to the Board

(1) The Board shall appoint a Secretary must be a legal practitioner of not less than seven years and shall render legal services to the Board.

(2) The Secretary shall act as Secretary to the Board at it meetings and shall subject to the direction of the Board, arrange the business for and cause to be recorded and kept minutes of all meetings of the Board, be responsible for all correspondence of the Board, and have custody of the Common Seal of the Board.

(3) The Secretary shall also perform such functions as the Board by writing direct or as the General Manager may by writing delegate to him and shall b assisted in his functions by such of the employees of the Board as the General Manager may direct.

PART III – OBJECT, FUNCTIONS AND POWERS OF THE BOARD

Object of the Board

The Board shall endeavour to achieve a sustainable water system development in the State, and shall:

(i) Secure for the present and future generations as well as for commercial and industrial consumers, an efficient use of potable water;

(ii) The object of the Board shall be consistent formulation and execution of Schemes for the provision of water in the State.

(iii) Produce for distribution to all residents of the State sufficient portable water for their health and well being.

Functions of the Board

(1) Without prejudice to the general effect of Section 11 and subject to the provisions of this Edict, the functions of the Board shall be:-

(a) to control and manage all water-works vested in the Board under this Edict;

(b) to establish, control, manage extend and develop water-works as the Board may consider necessary for the purpose of providing wholesome, portable water for the consumption of the public and for domestic, trade, commercial, industrial, scientific and other uses;

(c) to ensure that adequate wholesome water is supplied to its consumers regularly and at such charges as the Board may, from time to time, determine;

(d) to conduct or organize the conduct of research in respect of water supply, water development and matters connected therewith and submit the results of such research to the Commissioner for the formulation of policy;

(e) to develop, maintain and beneficially exploit water resources both natural and artificial; and

(f) to determine rates charged under paragraph (c) of this Sub-section, and any other service rendered, shall be such that revenue for any year would be sufficient or as nearly as may be, to pay all working expenses, repayment due on loans borrowed by the Board for any extension works.

(2) The Board may also do all such acts as may appear to it expedient for the purposes of achieving the object set out in Section 11 of this Edict and implementing the functions specified in Sub-section (1) of this Section.

Powers of the Board

(1) Subject to the provisions of this Edict and for the attainment of the object and functions of the Board under this Edict, the Board shall have power:-

(a) to construct, re-construct, maintain and operate water-works, public fountains and all other stations, buildings and works necessary for the discharge of its functions under this Edict;

(b) to extract water from any lake, river, stream or other natural source;

(c) to extract water from underground sources by means of sinking boreholes, wells or artisan wells and the construction of their supporting structures;

(d) to examine any surface or underground water for the purpose of determining its productive quality and quantity including the existence and extent of pollution, the cause of such pollution and remedies thereof.

(e) to enter land or premises at any time of the day for the laying, examining, repairing or removing any water pipe or hose, provided that before entry is made on any such land or premises, notice shall first be given to the owner or occupier thereof.

(f) to enter any land or premises after giving notice, where practicable to the owner or occupier for the purpose of:

(i) inspecting any service or metre to ascertain whether there is any wastage, obstruction or damage to any service or metre or anything connected therewith;

(ii) laying pipes or installing metre or other instruments or appliances;

(iii) ascertaining the amount of water used or taken; and

(iv) connecting, disconnecting or otherwise controlling the supply of water to a tenement;

(g) to diminish, withhold or suspend, stop, turn off or divert the supply of water through or by means or a water service stop cock, valves, sluices, conduits, aqueducts either wholly or partly whenever the Board consider its necessary so to do;

(h) to enter into any commitments, agreement or other arrangements in respect of the provisions, distribution or sale of water;

(i) to enter into contract or other legal transaction; and

(j) to acquire and hold any movable or immovable property and to dispose of such property and where there is any hindrance to the acquisition of the property, the property may be acquired for the Board under the Land Use Act of 1978 or any other Edict that may be enacted.

(2) In addition to the powers conferred by Sub-section (1) if it appears to the Board that any land in the State is likely to be needed for the purposes of any water works, the Board may by through its employees with the necessary workmen enter on any such land and may, subject to the Board giving, where practicable, 7 days‟ notice to the owner or occupier of the land on which it is intended to enter:-

(a) survey and take levels of the land;

(b) dig or bore under the soil; and

PART IV – MANAGEMENT AND STAFF OF THE BOARD

Management of Affairs of the Board

Members of the Board shall be charged with the responsibility of laying down general policies in respect of the execution of all functions of the Board under this Edict.

General Manager

(1) a. The Chief Executive Officer of the Board shall be its General Manager who shall be appointed by the Military Administrator and shall be a professionally qualified engineer with 10 years relevant experience.
The General Manager shall have Ultimate responsibility for the implementation of the policies and decisions of the Board in accordance with the provisions of the Edict.

(2) The General Manager shall be appointed by the Board subject to the approval by the Military Administrator under the following conditions:-

(a) that he shall have a tenure of five years at the first instance and renewable only without prejudice to other provisions of this Edict;

(b) that he shall be a person trained in management and a qualified engineer; and

(3) The performance contract of the General Manager is based on the improved Financial Management, Organization and Management, and, Operations and Maintenance condition of the Nasarawa State Water Board, without State Government Subvention. A report is to be submitted to the Board on a quarterly basis as an assessment of the above, which also includes a propose action plan. Should the performance not improve after two years, then a replacement General Manager is to be considered. This procedure shall be repeated throughout the tenure of the General Manager on a yearly basis thereafter.

Management of the Board’s Business and Administration

(1) The General Manager shall, subject to the general control of the Board on matters of policy and subject in particular to such regulations as the Board may make in that behalf under Section 47 of this Edict, be charged with overall responsibilities for carrying out the policies and decisions of the Board as well as the routine administration and the control of all the employees of the Board.

(2) The General Manager shall be assisted in the performance of his duties by six Assistant General Managers, who shall be appointed by the Board to be in-charge of:

(i) Personnel

(ii) Water Engineering

(iii) Mechanical/Electrical Engineering

(iv) Commercial

(v) Planning and Civil Works; and

(vi) Accounts (Finance and Supply)

(3) The General Manager shall consult with the supervising Ministry regularly, and brief the State Executive Council once every three months.

Staff of the Board

(1) The Board may, from time to time, engage such employees as may be necessary for the proper and efficient conduct of the business of the Board.

(2) The Board may also engage the services of consultants as the Board may determine.

(3) The Board shall be responsible for the appointment, promotion and discipline of officers and employees of the Board.

(4) Subject to the provisions of this Edict, the officers, employees and advises of the Board who are on Grade Level 07 to 17, and subject to the approval of Government in respect of officers on Grade Level 13 and above, shall be engage on such terms and conditions as the Board may determine.

(5) Where the Board requires, public officers may be transferred or seconded to the Board, or may otherwise give assistance thereto.

Termination of Employees

(6) The Management of the Board may terminate the employment of any of its employees as a result of non-performance of duties, continued lateness or absenteeism, insubordination, consumption of alcohol or drugs on duty, or actions detrimental to the operations of the Board. The termination of Senior Management must be approved by the Board.

Executive of Contracts Authentication of Documents

(1) The use of the Common Seal of the Board shall be authenticated by two signatures, namely:-

(a) the signature of the Chairman of the Board or some other Member of the Board authorized by the Board to authenticate the application of the Seal; and

(b) the signature of the Secretary of the Board or some other officer of the Board authorized by the Board to act in the Secretary’s place for that purpose.

(2) The Board may by instrument in writing under its Common Seal, empower any person either generally or in respect of any specified matters as its attorney, to execute deeds on its behalf in any place not situated in the State; and every deed signed by such attorney on behalf of the Board and under his seal, shall be binding on the Board and have the same effect as if it were under the Common Seal of the Board.

(3) Any instrument or contract which, if executed or entered into by a person other than a body corporate, would not require to be under seal and may be executed or entered into on behalf of the Board by any member of the Board if such person has previously been authorized by a resolution of the Board to execute or entre into that particular instrument or contract.

(4) The Board, if it thinks fit, may by writing under its Common Seal, appoint any person outside the State as agent to execute an instrument or enter into a contract and the instrument or contract if executed or entered into on behalf of the Board shall have effect as if it had been duly executed or entered into as prescribed for the purpose of this Sub-section.

(5) Every document purporting to be an instrument executed or issued by or on behalf of the Board and purporting to be:-

(a) sealed with Common Seal of the Board authenticated in the manner provided by Sub-section (1) of this Section; or

(b) signed by and under the seal of a person appointed as attorney under Sub-section (2) of this Section; or

(c) signed by a member of the Board or other person authorized in accordance with Sub-section (3) of this Section to act for that purpose shall be deemed to be so executed or issued until the contrary is shown.

Internal Auditor

(1) The Board shall have an Internal Auditor.

(2) Subject to the provisions of this Edict, the Internal Auditor shall be responsible to the General Manager for the performance of his functions.

(3) As part of his functions under this Edict, the Internal Auditor shall, at intervals of three months prepare a report on the internal audit work carried out by him during the period of three months immediately preceding the preparation of the report, and submit the report to the General Manager who shall convene a meeting of the Board as soon as possible to discuss the Internal Auditor’s report.

PART V – FINANCIAL PROVISIONS

Funds and Resources of the Board

The funds and resources of the Board shall consist of:

(a) all funds, assets, resources, undertakings and such rights and interests as the Board may, from time to time, acquire;

(b) such sums as may, from time to time, be lent, granted or appropriated to the Board by the Government, Federal Government of Nigeria or any other Government institution;

(c) all properties and investments acquired by, or vested in the Board and all monies dividends and other benefits derived, earned or arising therefrom;

(d) all sums from time to time received by or falling due to the Board in respect of the repayment of any loan or advance made by the Board;

(e) all charges, rates, rent and other payments accruing to the Board for the services it renders; and

(f) all other sums of money or properties which may in any manner become payable to, or vested in the Board in respect of any matter incidental to its functions and powers under this Edict.

Estimates of Income and Expenditure

(1) The Board shall prepare a detailed estimates of its income and expenditure for the following financial year and submit for approval to the State Government.

(2) The expenditure of the Board shall be in accordance with the estimate approved by Government.

Bank Accounts and Borrowing Powers of the Board

(1) The Board may have bank accounts in such banks as the Board may determine.

(2) The Board may, with the consent of the Military Administrator, borrow whether by way of mortgage or otherwise on such terms and conditions as the Board may determine, any such sums of money as may be required in the execution of the functions conferred on the Board by this Edict or by any other Edict.

(3) Any person lending money to the Board shall not be bound to enquire as to whether the borrowing of the money is within the power of the Board.

Debentures to the Government

(1) If the Government gives any loans to the Board at any time in accordance with the provisions of this Edict, the Board shall, if so required by the Military Administrator, issue to the Government a debenture or debentures of nominal value equivalent to the sum lent.

(2) Debentures issued under this Section shall bear interest at such rates and from such dates as the Government may specify.

Investments in stocks etc.

Subject to the approval of the Government, the Board may;

(a) invest money standing to the credit and not for time being required for the purpose of the Board‟s functions in stocks, shares, debentures or any other securities; and

(b) sell, dispose of or otherwise deal with all or any of such securities.

Board to pay sums into State Consolidated Revenue Fund

Without prejudice to Section 24, at the end of financial year, after the Board has made provision for:-

(a) bad and doubtful debts;

(b) depreciation of assets;

(d) contributions to staff and superannuation funds; and

(e) other contingencies, if any, and after appropriation has been made to contributory scheme for officers and employees of the Board under Section 32 of this Edict such part of the net profits of the Board remaining as the Military Administrator may by writing direct, after consultation with the Board, shall be paid into the State Consolidated Revenue Fund.

Defraying of Charges, etc.

The following charges shall be defrayed out of the revenues of the Board for any financial year:-

(a) salaries, fees and allowances of Members of the Board;

(b) salaries, remuneration, fees, allowances, pensions, gratuities and other retirement benefits of the offices, employees and agents of the Board including technical or other advisers of, or consultants to the Board;

(c) all working and management expenses of the Board and all charges relating to its works, assets and other properties including proper provisions for depreciation and renewal of assets;

(d) such expenses or minor works of capital nature as the Board considers necessary;

(e) such sums of money including compensation which may be payable by the Board to any person authorize under this Edict or any other Edict;

(f) taxes, rates and other levies payable by the Board under any applicable Edict;

(g) interest on any loan raised by the Board;

(h) sums of money required to be transferred to any sinking funds or otherwise set aside for the purpose of making provisions for the redemption of debentures, stocks or other securities or for the repayment of other loans; and

(i) such other sums of money as Government may approve for payment out of revenue account of the Board in respect of any financial year.

Revenue Fund

(1) The Board shall establish and maintain a General Reserve Fund and shall subject to the directions given by the Military Administrator under Section 35 and Sub-section (3) of this Edict and after defraying the charges mentioned in Section 26, pay into such Fund any net profit earned by the Board.

(2) The General Reserve Fund shall be applied by the Board in making good any loss or deficiency which may occur in any of the transactions of the Board.

(3) The Military Administrator may give directions to the Board as to the balance to be maintained in the General Reserve Fund and, where such directions are given, the Board shall not be required to pay any of its net profits into the Fund whereby the balance thereof would exceed the amount directed by the Military Administrator.

Bad and Doubtful Debts to be written off

The Board may, subject to the approval by the Military Administrator, write off bad and doubtful debts of the Board.

Accounts and Audit

(1) The Board shall keep books of account, proper records in relation thereto and shall maintain a double-entry system (accrual) of accounting and record keeping as expected of a corporate legal entity.

(2) The books and accounts of the Board shall, within three months after the end of each financial year, be audited in accordance with the Constitution of the Federal Republic of Nigeria 1979.

(3) The Board shall pay fees in respect of the audit to its External Auditor appointed by the Board.

(4) For the purposes of Sub-section (3) of this Section the State Auditor-General may provide a guideline on the level of fees to be paid to the External Auditor so appointed.

(5) It shall be the duty of the Board as soon as possible upon receiving the External Auditor’s report under this Section, to forward a copy of the report to the Military Administrator.

(6) The State Auditor-General may comment on the Board’s annual accounts and the External Auditor’s report thereon.

Surcharge

(1) Where after receiving a copy of the Auditor’s report, the General Manager is satisfied that:

(a) any sum due to the Board has not been duly brought to account by any person by whom such sum ought to have been brought into account; or

(b) a deficiency, in money or destruction of property of the Board occurred by reason of the negligence, breach of official duty or other misconduct of any person, the Board may surcharge the amount of such loss or the destruction of the property upon that person.

(2) Before exercising his power under Sub-section (1) the General Manager may by writing appoint a person to conduct an inquiry for the purpose of determining the cause, extent or value of the deficiency, loss or destruction referred to in Sub-section (1).

(3) If the General Manager decides to surcharge any amount upon any person under Sub-section 91), it shall cause a notice to be served on that person or his representative, in the event of his death, requiring that person or his legal representative to pay the amount surcharged within such period as may be specified in the notice.

(4) Notwithstanding Sub-sections (1) and (3), no liability to surcharges shall be incurred – by any person who can prove to the satisfaction of the General Manager that he acted:

(a) in pursuance of, or in accordance with the terms of a resolution of:-

(i) the Board; or

(ii) any committee duly appointed under this Edict; or

(b) On Lawful instructions of a superior officer of the Board.

Recovery surcharge

Any amount notified as a surcharge under Subsection (3) of Section 30 shall be sued for and recovered in any court of competent jurisdiction by the Board with full costs of action from the person upon whom the amount is surcharged as a debt due to the Board.

Contributory etc. scheme for officers and employees of the Board

(1) The Board shall within one year after the coming into force of this Edict, establish a contributory scheme for its officers and or employees.

(2) For the purpose of Sub-section (1), the Board shall:-

(a) grant pensions, gratuities or other retiring benefits to any of the officers or employees of the Board and their dependants and may require such officers or employees to contribute to any pension or contributory scheme;

(b) grant loans to any of the officers or employees of the Board for such purposes as the Board may approve;

(3) They shall make regulations to give effect this Section.

PART VI – GENERAL

Personal Immunity members, Agents, etc.

No member of the Board, agent, officer or member of any Committee appointed by the Board under this Edict shall be personally liable for an act or default of the Board done or omitted to be done in good faith and without negligence in the operations of the Board.

Appeal against Surcharge and compensation

Any person.

(a) who is aggrieved by the decision of the Board to surcharge upon him; or

(b) who is dissatisfied as to the amount of compensation payable to him under this Edict, may appeal to the High Court within 30 days from the date of the decision or the award of the compensation.

Directions of the Executive Governor

The Military Administrator may, after consultation with the Board, give to the Board in writing directions of a general character not being inconsistent with the provisions of this Edict or with the contractual or other legal obligation of the Board relating to the performance by the Board of its functions under this Edict and the Board shall give effect to such directions.

Annual Report

(1) The Board shall, as soon as possible after the expiration of each financial year but within six months after the termination of that year, cause to be submitted to the Military Administrator an annual report of the Board dealing generally with the activities and operations of the Board during that year which shall, without prejudice to the generality of the foregoing, include:-

(a) a copy of the audited accounts of the Board;

(b) a statement of all directions given to the Board under Section 35 of this Edict;

(d) such other information as the Military Administrator may request.

(2) A copy of the annual report shall be forwarded by the Board to:

(a) the Commissioner responsible for Finance; and

(b) the Commissioner for Water Resources.

(3) The Board shall also submit to the Military Administrator such other reports on the Board’s financial affairs as the Military Administrator may by writing request from time to time.

Use and payment and non-payment of water by Fire Service

(1) Subject to Sub-section (2) of this section, the Fire Service shall not be prevented from abstracting water from any public fountain, service or water works of the purpose of preventing or controlling fire.

(2) Water shall not be abstracted from any public fountain, service or water-works of the Board by any Fire Service for the purpose of testing any fire fighting appliance without the consent of the Board, which consent shall not be unreasonably withheld by the Board.

(3) A charge shall not be prescribed by the Board for water abstracted by any Fire Service under Subsections (1) and (2) of this Section.

(4) Any main pipe, valve, hydrant, service or other water-works required by any fire service for the purpose of preventing or controlling fire shall be provided by the Board upon payment by the Fire Service therefore.

(5) Any pipe, hydrant, service or other water-works supplied by the Board to any Fire Service on request shall vest in the Board in perpetuity and shall be maintained and renewed by the Board at the expense of such Fire Service.

Water-works and property excluded from rates

Any water-works vested in or the property of the Board shall not be valued for rating purposes under any existing enactment.

Penalty for unapproved construction of water-works

(1) Water-works shall not be constructed by any person without the approval of the Board.

(2) This Section shall not apply to the construction of a well having a diameter exceeding 0.22 metres and a depth not exceeding 61 metres.

(3) Notwithstanding Sub-section (2), no person shall pump water or permit artisan water to flow from:-

(a) a well having a diameter not exceeding 0.22 metres and a depth 61 metres, or

(b) a borehole within 2 kilometres of water-works, without the permission of the Board.

(4) The Board may be notice published in the State Gazette specify any area being further than 2 kilimetres from any water-works where water shall not be pumped or artesian water permitted to flow from any well or borehole without the permission in writing of the Board.

(5) Any person who contravenes any of the provisions of this Section commits an offence under this Edict and is liable on summary conviction to a fine not exceeding N4,000.00 or to a term of imprisonment not exceeding 6 months.

Penalty.

(1) No person shall:

(a) willfully or negligently damage a water-works, public fountain, service or metre; or

(b) unlawfully draw off, or divert water from any water-works, public fountain, stream or water by which any water-works are supplied; or

(c) pollute water in any water, public, fountain, stream, well, borehole or allow any foul liquid, gas or other noxious or injurious matter to enter into any such water or service connected therewith.

(2) Any person who contravenes any of the provisions of this Section commits an offence under this Edict and is liable on summary conviction to a fine not exceeding 6 months; and in the case of a continuing offence, after a notice in writing to that person requiring him to stop committing the offence, to an additional fine not exceeding N1,000 in respect of each day on which the offence continues and to a term of imprisonment not exceeding one month.

No person to alter damage service or meter to avoid payment, etc.

(1) No person shall:-

(a) willfully or negligently misuse or waste or cause or permit to be misused or wasted any water passing into, through, upon or near any tenement, or

(b) alter or cause or permit to be altered any service without the written permission of the Board.

(2) Any person who contravenes Sub-section (1) commits an offence under this Edict and is liable on summary conviction to a fine not exceeding N1,000 or to a term of imprisonment not exceeding one month.

[Altering service, Avoidance of account or non-payment for water supplied]

(1) No person shall:

(a) alter or cause or permit to be altered any service with intent to:

(i) avoid the accounts measurement or register of water; or

(ii) obtain greater supply of water than he is entitled to; or

(iii) avoid payment of water supplied to him; or

(b) willfully or negligently alter or damage or cause or permit to be altered or damaged any metre or service.

(2) Any person who contravenes Sub-section (1) commits an offence under this Edict and is liable on summary conviction to a term of imprisonment not exceeding 4 months without a fine.

(3) Any metre or service so altered or damaged shall be replaced or repaired by the Board at the expense of the person convicted, and the cost of replacement or repair of such metre or service may be recovered upon the order of a court in the same manner as any penalty may be recovered upon conviction.

Foul Accumulation of earth, etc. an offence

(1)Any person who puts, or permits to be put or to remain, or to accumulate on any tenement owned or occupied by him or his servant, or who fails to remove or to 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 matters, or any earth, deposit or excavated material in such manner or place that it may be carried into any water-works or the gathering ground thereof commits an offence under this Edict.

(2) Any person who commits an offence under Sub-section (1) is liable on summary conviction to a fine not exceeding N1,000 or to a term of imprisonment not exceeding four months; and in the case of a continuing offence, to an additional fine not exceeding N1,000 in respect of each day which the offence continues.

[Pollution of water-works]

(1) Any person who:-

(a) bathes or washes in any part of any water-works; or

(b) throws or causes to enter any water-works, any dog, horse, goat, pig or any other animal, or any bird or any cloth, material or things; or

(c) wrongfully opens or closes any lock, cock, valve, sluice or manhole belonging to any water-works, commits and offence under this Edict.

(2) Any person who commits an offence under Sub-section (1) is liable on summary conviction to a fine not exceeding N2,000 or to a term of imprisonment not exceeding four months.

General Penalties

Any person who contravenes any provision of this Edict in respect of which an offence has not been prescribed, commits an offence and is liable on summary conviction to a fine not exceeding N5,000 or to a term of imprisonment not exceeding 6 months; and in the case of continuing offence, to an additional N1,000 in respect of ach day on which the offence continues.

Offences by Bodies of Persons

(1) Subject to Section (2) where an offence is committed under this Edict or under regulations made thereunder by a body of persons, then:

(a) in the case of a body corporate, other than a partnership every Director, Secretary or similar officer of the body; and

(b) in the case of a partnership every partner of the partnership, commits an offence.

(2) No person commits an offence by virtue of Sub-section (1) if he proves to the satisfaction of the court.

(a) that he did not consent to or connive at the commission of the offence; and

(b) that he did all his power to prevent the commission of the offence having regard to all the circumstances.

Service of Notice, etc

(1) The Military Administrator may, after consultation make such regulations as he may think fit for the giving effect to the provision of this Edict.

(2) Without prejudice to the generality of Sub-section (1), regulations made thereunder may prescribe fees or rates to be charged under this Edict.

(3) Regulations made under this Section may prescribe in relation to any contravention of these regulations:

(a) penalties not exceeding a fine of N5,000 or 6 months “imprisonment”.

(b) additional penalties not exceeding N1,000 per day in respect of continuing offences.

Restriction on execution against the Board

The Board may from time to time issue bye-laws or administrative instructions in writing for regulating the internal operations of the Board including but without prejudice to the general effect of the foregoing, the Regulations of the conditions of service of the employees of the Board and the operation of the contributory scheme.

Restrictions on suit against the Board

Service upon the Board of any notice, order or other document may be effected by delivering such notice, order or other document or by sending it by registered post addressed to the Secretary of the Board.

[Execution of attachment of process against Board or water-works]

No execution or attachment or process in the nature thereof shall be issued against any water-works vested in or the property of the Board, until the expiration of three months from the date of judgment of the court.

[Pre-action notices]

(1) No suit shall be commenced against the Board until one month has lapsed since a written notice to commence the suit shall have been served on the Board by the Complainant or his agent.

(2) A notice under Sub-section (1) shall state:

(a) the cause of action;

(b) the relief sought; and

(3) Without prejudice to the general effect of Section 12 of the Interpretation Edict (Cap. 52), the repeal of the Edict shall not affect any obligation or penalty incurred by any person before the repeal.

(4) Notwithstanding the repeal of the Edict, any statutory instruments made thereunder and in force immediately before the commencement of this Edict shall continue in force as if they were regulations made under Section 47 of this Edict or by the State Ministry of Water Resources and Rural Development and accordingly be amended or revoked under that Section or by the Ministry.

(5) Any employee engaged for the exercise of the functions and powers in respect of water supply and development of water resources, with effect from the commencement of this Edict will be deemed to be an employee of the Board, on the same terms and conditions of service, as those on which he was employed by the dissolved Board.

DATED AT LAFIA THIS 30TH DAY OF JULY 1998.

WING COMMANDER ABDULLAHI IBRAHIM

MILITARY ADMINISTRATOR,

NASARAWA STATE.

EXPLANATORY NOTE

This Note does not form part of this Edict and has no legal effect, but it is intended to explain its purpose.

The purpose of this Edict is, to provide for the autonomy of Nasarawa State Water Board and retention of its revenue.

Find other laws of Nasarawa State, Nigeria HERE