Delta State Rural Water Supply and Environmental Sanitation Agency Law

DELTA STATE RURAL WATER SUPPLY AND ENVIRONMENTAL SANITATION AGENCY LAW

1. Citation. This Law may be cited as the Delta State Rural Water Supply and Environmental Sanitation Agency Law.

2. Interpretation. In this Law- "Agency" means the Delta State Rural Water Supply and Environmental Sanitation Agency; "appropriate authority" means the Governor through the supervisory body of the Agency; "appropriate day" means the date of commencement of this Law; "Governor" means the Governor of Delta State; "members" in relation to the Agency includes the Chairman; "rural community" means the areas with generally disperse population of less than 5,000 without urban amenities; "rural water supply" means the provision of portable water to rural communities; "State" means the Delta State of Nigeria.

3. Establishment of the Agency. (1) There is hereby established an agency for the purpose of rural water supply and environmental sanitation in the State to be known as the Delta State Rural Water Supply and Environmental Sanitation Agency. (2) The Agency shall be a body corporate with- (i) perpetual succession and a common seal; (ii) power to sue or be sued in its corporate name; and (iii) power to hold, acquire and dispose of any property whether movable or immovable for the purpose of carrying out its functions under this Law.

4. Membership of the Board. (1) There shall be for the Agency a Board which shall consist of a Chairman and nine embers which shall include- (i) the General Manager; (ii) the representative of the Ministry of Agriculture and Natural Resources; (iii) à representative of the Ministry of Health; (iv) a representative of the Ministry of Justice; (v) a representative of the office of the Secretary to the State Government; (vi) a representative of the Directorate of Local Government and Chieftaincy Affairs; (vii) a representative of any other organisation that has direct bearing on Rural Development; and (viii) any two other persons nominated by the Governor. (2) The Chairman and other members of the Board except the General Manager and Government representatives shall be appointed by the Governor and shall hold office for a period of three years and at the end of such term may be eligible for re-appointment for another term of three years only. (3) The seat of a member of the Board shall become vacant on the occurrence of any of the following events- (a) on his death; (b) inability resulting from any causes, to discharge the functions of the office; (c) conviction for a criminal offence; (d) resignation; (e) the dissolution of the Board; or (f) removal by the Governor for misbehaviour or any other cause.

5. Meetings and proceedings. (1) The Board shall meet at least once a quarter and at such other times as may be expedient for the transaction of business and such meetings shall be held at such places and time on such days as the Agency may determine. (2) The Chairman may at any time call special or emergency meetings of the Board and shall do so on being requested in writing by at least three members of the Board. (3) The Chairman shall preside at all meetings of the Board at which he is present and if he is absent the members present at the meeting shall select one of the members to preside thereat. (4) The Chairman or the member presiding at a meeting of the Board in his absence shall have original and a casting vote. (5) Five members of the Board including the Chairman or other member presiding shall constitute a quorum. (6) The validity of any proceedings of the Board shall not be affected by any vacancy among the members or any defect in the appointment of a member. (7) Subject to subsection (6) of this section, the Board shall have power to regulate its own proceedings and make standing orders for such purpose.

6. Remuneration. There shall be paid to the Chairman and each member such remuneration and allowances as the Governor may from time to time determine.

7. Functions of the Agency. The functions of the Agency shall include the following- (a) to design, construct, rehabilitate, improve, maintain and execute the State rural water supply programme; (b) to design, construct, improve, maintain and execute the State rural environmental sanitation programme; (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 and environmental sanitation program; (d) to define, encourage and support any activity that will enhance rural water supply and environmental sanitation; (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 and sanitation development; (f) to supervise and monitor on a continuous or Regular basis the entire range of rural water supply and sanitation activities carried out or supported by the Agency pursuant to this Law; (g) to commission and support studies and research projects that will facilitate execution of the functions of the Agency; (h) to train staff and local government personnel in skill 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.

8. General powers of the Agency. (1) Subject to the provision of this Law, the Agency shall have powers to carry 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 Agency shall include powers- (a) to design, construct and operate rural water supply and other structures relevant to good environmental sanitation; (b) to prepare such master plans as may be necessary for the development and maintenance of the Agency’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 Agency; (e) to do anything for the purpose of advancing the skills of persons employed by the Agency, including facilities, function and for training, education and research or the efficient running of the service of the Agency; (f) to construct and maintain buildings and other works necessary for the discharge of its functions under this Law; (g) to enter into such contracts as may be necessary and 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 Governor, and to sell such stocks, shares, debentures or other securities; (j) to do all such other things as shall enable the Agency perform its function more effectively; and (k) to act as clearing authority for community water schemes in order to remove duplications and ensure standards and sustainability.

9. Power of the Governor to give directions on policy matters. (1) The Governor may give to the Agency general and special directions as to the policy to be followed in its exercise of or performance of its functions and the Agency shall comply with and give effect to all such directions. (2) The Agency shall afford to the Governor facilities for obtaining information relating to the assets and liabilities and functions of the Agency 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 the Governor may require.

10. Power of appropriate authority to give directions. (1) The appropriate authority may after consultation with the Agency give to the Agency such directions of a general character as to the discharge by the Agency of its functions as appear to the appropriate authority to be necessary to ensure conformity by the Agency with policies of the Government and the Agency shall give effect to any such directions. (2) The appropriate authority may after consultation with the Agency give the Agency specific directions for the purposes of remedying any defect in the arrangements of the Agency in the discharge of its functions under this Law, and the Agency shall give effect to any such directions.

11. Transfer to the Agency of rural facilities of the Government and assets and liabilities appertaining thereto. (1) All rural water supply and sanitation facilities which are used or have been constructed 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 and without further assurance, and such vesting shall extend to the whole of the rural water supply and sanitation facilities inclining all lands, works and other property, assets, powers, rights and privileges appertaining thereto or enjoyed connection therewith. (2) All liabilities and obligations of the. Government in respect of any transferred rural water supply and sanitation facilities under subsection (1) of this section falling due or to be discharged on or after the appointed day shall as from that date 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 local government council before that day. (3) Every deed, bond, agreement, instrument and working arrangements to which the Government was a party for the construction or otherwise in respect of any transferred rural facilities shall subject to the provisions of this section and unless the circumstances otherwise require, Have effect from the appointed day as if- (i) the Agency has been a party thereto; (ii) for any reference to the Government- therein there were substituted as respects anything failing to be done on or after the appointed day a reference to 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 taking and resisting of legal proceedings) for ascertaining, performing, protecting or enforcing as the circumstances may require, such rural facilities, lands, works, or other property assets, powers, rights 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) It shall be the duty of the appropriate authority to prepare and deliver to the Agency such particulars as the Agency may require in respect of such rural water supply and sanitation facilities, including lands, works or other property, assets, powers, rights or privileges vested in the Agency by the provision of this section. (6) In this section, "property" without prejudice to the generality of its meaning includes buildings and appurtenances, stores, materials, investment, funds, loans and accounts receivable, claims and liens as may be applicable in this Law. (7) Nothing in this section shall be construed as purporting to derogate from the provisions of any Act of the National Assembly relating to the transfer or vesting of any class of property, rights or liability and such measures as are necessary in accordance with these provisions shall be taken to ensure the vesting of such property, rights and liability in the Agency either on the appointed day or so soon as may be thereafter, and upon such vesting the preceding provisions of this section relating to the consequence of the vesting of property, rights and liabilities shall have effect accordingly.

12. Funds and resources. 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 11 hereof; (ii) such sums or other property whatsoever as may from time to time be advanced by way of loans or grants to the Agency by the Government, Local Government Council or Statutory Corporations in the State, the Government of the Federation 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) if 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.

13. Borrowing. (1) Subject to subsection (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 money under subsection (2) of this section, shall be subject to the approval of the Governor of the State where the sum to be borrowed at any time exceeds a total of N5,000,000.

14. Government guarantee. (1) The Government shall guarantee and on such conditions agreeable to it, only such loan borrowed by the Agency with the approval of the Governor. (2) In the event of the Agency being unable to repay, the loan due shall be a charge on the Consolidated Revenue Fund of the State.

15. Power of the Agency to establish and maintain departments, etc. and make other administrative arrangements. The Agency shall have power to establish and maintain such major departments, subsidiary divisions, sections, branches and field offices and make all other administrative arrangements as may in its opinion be necessary or expedient for the performance of its functions under this Law.

16. General Manager and other department heads. (1) The Chief Executive of the Agency shall be its General Manager who shall be a professionally qualified person with sound knowledge and experience in the use of appropriate technology in rural water supply and environmental sanitation, and must have a minimum of 15 years' post graduate experience in relevant areas. (2) The General Manager shall have ultimate responsibility for the execution of the policies of the Agency and the general management of day-to-day running of the business of the Agency in accordance with the provisions of this Law, and shall also carry out such other functions as the Agency may from time to time direct. (3) In addition to the provisions of subsection (1) of this section there shall be established the following departments of the Agency for. the effective and efficient carrying out of its functions- (i) Administration; (ii) Planning Research and Statistics; (iii) Water Supply or Engineering Services; (iv) Sanitation; and (v) Community Relation. (4) Each of the departments shall be headed by a Director and shall in the discharge of his functions be responsible to the General Manager.

17. Appointment and removal of the General Manager. The appointment and removal of the General Manager shall be made by the Governor.

18. Power to engage staff. The Agency may from time to time appoint upon such salaries, terms and, conditions as it may think fit, such officers and employees as may be necessary for the purpose of carrying out its functions.

19. Secondment and transfer of Government and Local Government Council employees. (1) The Agency may, subject to the provisions of this section, employ or second such officers from the public services of the State or the civil service of the State or the service of any Local Government Council. (2) Within a period of eighteen months, but not before the expiration, of a period, of one year from the appointed day, the Agency may offer employment in writing to every officer posted to the Agency, on such terms and conditions as the Agency may deem appropriate in each case in accordance with the rules and procedures in the Civil Service. (3) An offer of an appointment made under subsection (2) of this section may be accepted within a period of six months from the date of such offer, failing which the officer concerned shall be deemed to have refused the offer, provided that the Agency may extend the period within which any such offer may be accepted by an officer where it considers it just and equitable so to do.

20. Application of the Pensions Reform Act. The Provisions of the Pensions Reform Act and any other Law for the time being in force in that regard shall apply to employees of the Agency.

21. Accounts and audit. (1) The Agency shall keep proper account of its receipts, payments, credits and liabilities in satisfactory commercial standard and shall submit the same from time to time with vouchers to be audited by the Auditor-General of the State. (2) At the end of every financial year, the State Auditor-General shall submit the report of his audit of the accounts of the Agency to the Governor.

22. Annual report. (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 Board 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 pay of December of the following year.

23. Representation in court. (1) The Agency may be represented at any stage of any civil proceedings in any court by its legal officer or a legal officer of the Ministry of Justice or by any officer in the employment of the Agency who shall satisfy the Court that he is duly authorised in writing by the General Manager or Assistant General Manager (Administration) of the Agency to act on the Agency's behalf. (2) Nothing in subsection (1) of this section shall be construed as precluding the Agency from being represented by a legal practitioner in any court in which a legal practitioner has right of audience.

24. Disclosure of interest by members of the Board. (1) Any member of the Board of the Agency who is in any way directly or indirectly interested in a transaction of any project of 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 or project. (2) For the purpose of subsection (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.

25. Proof of monies due. In any action for the recovery of any property, debt or other monies (other than fines and penalties) payable or recoverable under this Law, a certificate under the hand of the General Manager of the Agency or of any person appointed by the Agency in that behalf that such sum of money is due and that the defendant is the person liable to pay the same shall in the 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 sum shall in the 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.

26. Preliminary investigation in respect of land for rural water supply and sanitation facilities. (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 and sanitation facilities the Agency may, by its servants and agents together with necessary works enter upon any such land and- (a) (i) survey and take levels of the land; (ii) dig or bore under the sub soil; and (iii) do all other acts necessary to ascertain whether it is suitable for such purpose; (b) clear, set out and make 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) unless at least three weeks notice of the intended entry has been given to such occupier. (2) As soon as any entry is made under subsection (1) of this section, the Agency shall pay compensation for all reasonable damages arising out of the exercise of any power conferred by that subsection. (3) In the case of dispute as to the amount of any compensation payable under this section the amount may be determined by the High Court or a Magistrate's Court having jurisdiction in respect of the place where the land is situated.

27. Compulsory acquisition of land. (1) Whenever there is any hindrance to acquisition by the Agency of any land required for purpose of any rural water supply and sanitation facilities including any failure by the Agency to reach agreement as to the amount to be paid in respect of the acquisition, the Governor upon the application of the Agency and after such enquiry as he may think fit, may declare that the land is required for the service of the Agency and such requirement shall be deemed to be overriding public interest under the Land Use Act, 1978. [LFN 1990, Cap. 202.] (2) Where any land which has been the subject of a declaration under subsection (1) of this section has been acquired, the prescribed authority may vest such land in the Agency by means of a certificate under its hand and seals; provided that the Agency shall not sell, demise, mortgage, charge or otherwise alienate any land or any land vested in the Agency under the provision of this subsection without prior approval in writing of the Governor. (3) 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 State Government but the Agency shall refund to the Government any compensation so paid and all incidental expenses incurred by the Government. [LFN 1990, Cap. 202.] (4) In this section "the prescribed authority" means the authority having power under the Land Use Act, 1978, to acquire land for the public purposes of the State.

28. Extension of instrument. Any contract or instrument which, if entered inter 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 Agency for the purpose.

29. Service of notice, etc. 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 General Manager of the Agency.

30. Infrastructure. Any infrastructure vested in or the property of the Agency shall not be regarded as hereditament or tenements to be valued for rating purposes under any Law.