[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
ORDERS
The Waterworks (Water Supply Areas) Order
REGULATIONS
RULES
The Waterworks (Water Supply) (Designated and Declared Areas) Rules
ORDERS
<FD">THE WATERWORKS (WATER SUPPLY AREAS) ORDER
(Section 3)
G.Ns. Nos.
253 of 1949
18 of 1950
293 of 1950
239 of 1957
170 of 1958
61 of 1959
358 of 1961
1. This Order may be cited as the Waterworks (Water Supply Areas) Order.
2. The areas defined in the Schedule hereto have been declared to be water supply areas under and for the purposes of the Waterworks Act.
SCHEDULE
A. (i) All that land contained within a circle of eight miles radius having its center at the Askari memorial, Samora Avenue, Dar es Salaam;
(ii) all that land lying within half a mile of each side of the road reserve of the Dar es Salaam/Morogoro Road (Route No. A. 7) from the Ruvu Bridge to the boundary of the area defined in subparagraph (i) of this paragraph.
B. The areas of all townships, declared to be townships by the Establishment of Townships Proclamation and other Proclamations under the Local Government (Urban Authorities) Act * with limits as set forth in the said Proclamations as amended from time to time.
C. The areas of all minor settlements declared to be minor settlements by the Declaration of Minor Settlements Proclamation and other proclamations under which limits are as set forth in the said proclamations as amended from time to time.
D. The areas of the institutions set out in the second column hereto in the regions set out in the first column hereto opposite such areas, where such areas are not otherwise within water supply areas declared under the provisions of paragraphs A to C of this Schedule:
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Regions |
Institutions |
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Ruvuma |
Songea Secondary School |
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Iringa |
Ifunda Technical School, Malangali School, Iringa Aerodrome. |
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Mbeya |
Mbeya Airport, Mbeya School. |
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Morogoro |
Chazi Leprosarium, Mzumbe Schools, Wami Farm School. |
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Mwanza |
Butimba Prison, Butimba Teachers Training College, Bwiru School, Mwanza Airport, Ukiriguru Agricultural School and Cotton Research Station. |
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Kagera |
Maruku Coffee Station, Nyakato Secondary School Bukoba. |
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Arusha |
Arusha Airport, Tengeru Natural Resources School. |
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Kilimanjaro |
Kibongoto Sanatorium; Kilimanjaro International Airport. |
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E. The areas of the places set out in the second column hereto in the regions set out in the first column hereto opposite such areas: |
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Regions |
Places |
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Dar es Salaam |
Kisarawe. |
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Singida |
Kiomboi. |
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Tanga |
Handeni. |
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Arusha |
Loliondo. |
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Tabora |
Kabungu. |
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Mbeya |
Tunduma, Kwira Trading Center. |
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Mwanza |
Karumwa, defined as the circular area having a radius of three miles from the junction of the Nyamtukusa-Karumwa-Nyarubele Road and Karumwa-Idetemya-Ikina Road. |
REGULATIONS
<FD">THE WATERWORKS REGULATIONS
(Section 39)
[1st April, 1997]
G.N. No. 371 of 1997
PART I
PRELIMINARY PROVISIONS (regs 1-2)
1. Citation
These Regulations may be cited as the Waterworks Regulations.
2. Interpretation
In these Regulations–
"Act" means Waterworks Act *;
"effective date" means the first day of April, 1997;
"Water Supply and Sewerage Area" means–
(a) in urban areas, the area of jurisdiction of a City Council, a Municipal Council, a Town Council and includes any Urban area other than a village, village settlement or a minor settlement;
(b) in rural areas, the areas within 400 metres of the existing distribution network.
PART II
DECLARATION OF A WATER AUTHORITY (reg 3)
3. Declaration of Water Supply and Sewerage Authority
(1) Subject to section 3 of the Act, the Minister may designate and declare certain areas to become Water Supply and Sewerage Authorities.
(2) The Water Authority so declared may be managed as:
(a) an autonomous body;
(b) a public company;
(c) a private company;
(d) a Water User Association;
(e) a co-operative society;
(f) a non-government organisation;
(g) any other body as approved by the Minister.
(3) The declaration designating and declaring an area to become a Water Supply and Sewerage Authority shall be in a form prescribed in the First Schedule.
PART III
ESTABLISHING OF AN AUTONOMOUS WATER AUTHORITY (reg 4)
4. Establishment of Water Supply and Sewerage Authorities
(1) The Water Supply and Sewerage Authority shall be divided into three categories, namely:
(a) Those which can meet all of their direct and indirect costs of operation and maintenance;
(b) those which can meet costs as in category (a) except for personal emoluments for permanent employed staff;
(c) those which can meet costs as in category (a) except for electricity and personal emoluments for permanent employed staff.
(2) The Authorities failing under categories (b) and (c) of subparagraph (1) shall be required to improve their performance to be measured as indicated in the performance evaluation prescribed in the Second Schedule to these Regulations, before they may qualify to be promoted to category (a).
(3) Because of their continued dependence on government for electricity and personal emoluments the authorities falling under category (c) will be subjected to the following:
(a) Have their annual budget endorsed by the Ministry after approval by their Boards.
(b) If the performance of the Board is unsatisfactory, the appointing authority shall not consider any of the Board Members, including the Chairperson for reappointment.
(c) The Managing Director shall be under a probation period of one year during which the performance of the Authority shall be evaluated and if not satisfactory the appointing authority shall appointment another person to become the Managing Director.
PART IV
ESTABLISHMENT OF BOARD OF AN AUTONOMOUS WATER AUTHORITY (regs 5-22)
5. Establishment of Board of Directors
There shall be established to every area designated and declared to be Water Supply and Sewerage Authority, a Board of Directors hereinafter referred to as Board of the Authority which shall, subject to these Regulations, be responsible for the carrying out of the functions and managing the business and affairs of the Authority.
6. Composition of the Board
The Board shall consist of–
(a) a Chairperson who shall be a resident of the municipality, township or locality in question;
(b) a representative of the Ministry of Water;
(c) a representative of the regional/district administration;
(d) a Municipal Director or District Executive Director;
(e) a local Councillor;
(f) a Managing Director of the Water Supply and Sewerage Authority who shall be the Secretary to the Board;
(g) a representative of local commercial sector;
(h) a representative of the locally based large scale consumers or water;
(i) a representative of the domestic consumers of water.
(j) a representative of the women.
7. Functions and powers of the Board
The powers and functions of the Board shall be–
(a) to approve any individual capital work for the purpose of the Authority;
(b) to establish committees from among its members for the purposes of the Authority, and delegate functions to any of those committees;
(c) to consider legislative proposals relating to sewerage and water supply and recommend their enactment to the Minister;
(d) to give directions to the Managing Director;
(e) to approve alterations in water tariffs and other charges made for the services provided by the Urban Water and Sewerage Authority;
(f) to do anything or enter into any transaction which in the opinion of the Board, is calculated to facilitate the proper exercise of the functions of the Authority.
8. Appointment of the Board
The Minister shall upon consultation with the regional administration or local Authority appoint the Chairperson of the Board and members.
9. Deputy to appointable person
In making appointments of members, the Minister shall have regard to desirability that every person appointed possess such technical qualifications or experience by virtue of his involvement in commerce, industry, agriculture, finance, public services or administration, as would enable that person to make a useful contribution to the deliberations of the Board and to assist it in the furtherance of the functions of the Authority;
10. Vice-Chairperson
The members shall elect one of their number to be the Vice-Chairperson of the Board, and any member so elected shall, subject to his continuing to be a member, hold office for a term of one year from the date- of his election, and shall be eligible for re-election.
11. Tenure of appointment
Subject to subparagraph (2), a member shall unless his appointment is sooner terminated by the appointing authority or he otherwise ceases to be a member, hold office for a term of three years from the date of his appointment, and shall be eligible for re-appointment.
(2) In the case of a member appointed by virtue of the provisions of paragraph 6(b) to (d) he shall cease to be a member upon his ceasing. to hold office in the institution by which he was recommended for appointment.
(3) Any member, other than a member referred to in subparagraph (2), may at any time resign by giving notice in writing to the Minister, and from the date specified in the notice or if no date is so specified, from the date of the receipt of the notice by the Minister, he shall cease to be a member.
12. Absent member to be represented
If a member who is a member by virtue of the provisions of paragraph 6(b) to (d) is unable for any reason to attend any meeting, he may nominate in writing another person from the institution which recommended him, to attend that meeting in his place.
13. Casual vacancies
Where any member ceases to be a member for any reason before the expiration of his term of office, the appointing authority may appoint another person in his place and the person so appointed shall hold office for the remainder of the term of office of his predecessor.
14. Absent member to cease to be a member
Any member of the Board or his representative as the case may be who absents himself from three consecutive meetings without prior approval of the Chairperson shall cease to become a member of that Board.
15. Meetings of the Board
(1) The Board shall ordinarily meet for the transaction of its business at the time and at the place determined by it, but shall meet at least one every three months.
(2) The Chairperson, or in his absence, the Vice Chairperson may at any time call a special meeting of the Board, and can also call a special meeting upon a written request by a majority of the members in office.
(3) The Chairperson, or in his absence, the Vice-Chairperson, shall preside at every meeting of the Board. In the absence of both the Chairperson and the Vice-Chairperson the members present shall appoint one of their number to preside at the meeting.
(4) The Chairperson or, in his absence, the Vice-Chairperson, may invite any person who is not a member to participate in the deliberations at any meeting of the Board, but a person so invited shall not be entitled to vote.
16. Quorum
The quorum at any meeting of the Board shall be half of the members in office.
17. Decision of the Board
(1) Questions proposed at a meeting of the Board shall be decided by a majority of the votes present and in the event of an equality of votes the person presiding shall have a second or casting vote in addition to his deliberative vote.
(2) Notwithstanding subparagraph (1), under special circumstances a decision may be made by the Board without a meeting by circulation of the relevant papers among the members, and the expression in writing of the views of the majority of the members.
18. Minutes of meetings
(1) The Board shall cause to be recorded and kept minutes of all business conducted at its meetings, and the minutes of each meeting of the Board shall be read and confirmed, or amended and confirmed, at the next meeting of the Board and signed by the person presiding at the meeting. All the pages of the minutes shall be initiated by the person presiding the meeting and the Secretary.
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(2) Any minutes purporting to be signed by the parson presiding at a meeting of the Board shall, in the absence of proof of error, be deemed to be a correct record of the meeting whose minutes they purport to be.
19. Vacancies not to invalidate proceedings
No act or proceedings of the Board shall be invalid by reason of any vacancy among its members or by any defect in the appointment of any of them.
20. Orders, directions, etc.
All orders, directions, notices or other documents made or issued by or on behalf of the Board shall be signed by–
(a) the Chairperson; or
(b) the Managing Director, or any other officer or officers of the Authority authorised in writing in that behalf by the Managing Director.
21. Seal of the Authority
The seal of the Authority shall not be affixed to any instrument except in the presence of the Chairperson or the Vice-Chairperson or the Managing Director or some officer of the Authority and at least one other member of the Board.
22. Regulation of proceedings
Subject to the provisions of these Regulations, the Board may regulate its own proceedings.
PART V
ADMINISTRATIVE AND FINANCIAL PROVISIONS (regs 23-29)
23. Appointment of Managing Director
The Minister shall upon the advice of the Board appoint a suitable person to become the Managing Director.
24. Appointment of Departmental Heads
The Board shall upon advice of and recommendation made by the Managing Director appoint suitable persons, to be the heads of various departments of the Authority.
25. Transfer of employees to the Authority
(1) Every person who, immediately before the commencement of these Regulations, was employed by the previous Water Authority in connection with the administration and provision of water supply and disposal of sewerage in any urban water and Sewerage area in relation to which the Authority becomes the Water Authority shall in relation to that town, apply for employment in the Authority. The Authority shall have the right to accept or reject such application.
(2) After a person becomes an employee of the Authority by virtue of subparagraph (1), the terms and conditions of his employment shall not be lesser favourable than those offered by the previous Authority: providing that employment benefits which are due to employees by virtue of being employed by the previous Water Authority shall be paid to such employees by that previous Water Authority or employer.
26. Funds of the Authority
The funds and resources of the Authority shall consist of–
(a) such sums as may be provided by Parliament for the purposes of the Authority;
(b) such sums or property which may vest in the Authority under the Water Ordinance; or any other written law or which may vest in the Authority in any other manner in the performance of its functions.
(c) any sums which the Authority may receive as fees, rates or charges for water supplied and sewerage disposal or any services rendered by it;
(d) such donations, grants, bequests and loans as the Board may, from time to time, receive from any person or body of persons.
27. Annual and supplementary budget
(1) Subject to subparagraph (2), "financial years" in this regulation means any period not exceeding twelve consecutive months designated as the accounting period of the Authority.
(2) The first financial year of the Authority shall commence on the effective date and may be of it period longer or shorter than twelve months.
(3) Not less than two months before the beginning of every financial year (other than the first financial year) the Board shall, at a meeting pass a detailed budget (in this regulation called the "annual budget") of the amounts respectively–
(a) expected to he received; and
(b) expected to he disbursed, by the Authority during that financial year, and whenever circumstances so require, the Board may pass a supplementary budget in any financial year.
(4) For the purpose of subparagraph (2) the effective date of the Authority means the date on which the Minister designates and declares an area to area to become a Water Supply and Sewerage Authority.
28. Accounts and audit
(1) The Board shall cause to be provided and kept proper books of accounts and records with respect to–
(a) the receipt and expenditure of moneys by, and other financial transactions of the Authority;
(b) the assets and liabilities of the Authority, and shall cause to he made out for every financial year a balance sheet showing the details of the income and expenditure of the Authority and all its assets and liabilities.
(2) Within six months of the close of every financial year the accounts including the balance sheet of the Authority in respect of that financial year shall be audited by the recognised and reputed auditing firm appointed by the Board.
(3) Every audited balance sheet shall be placed before a meeting of the Board and, if adopted by the Board, shall be endorsed with a certificate indicating that it has been so adopted.
(4) As soon as the accounts of the Authority have been audited, and in any case not later than six months after the close of the financial year, the Board shall submit to the Minister a copy of the audited statement of accounts together with a copy of the report on that statement made by the auditors.
29. Annual reports
(1) The Authority shall cause to be prepared and submitted to the Minister within six months after the close of each financial year an annual report dealing generally with the activities and operations of the Authority during that year. The report shall be accompanied by–
(a) a copy of the audited accounts of the Authority, together with the auditors' report on the accounts;
(b) and any other information as the Minister may direct.
(2) The Authority shall also submit to the Minister such other reports on its financial affairs as the Minister may by writing request.
(3) The Minister shall, as soon as practicable after receiving the annual report, lay before the National Assembly, the audited accounts of the Authority together with the auditors report, if any, on the accounts and the annual report of the Authority.
PART V
MISCELLANEOUS PROVISIONS (regs 30-31)
30. Board may make regulations
(1) In performing administrative and financial duties by the Authority, the Board shall cause to be prepared and approve the following regulations–
(a) financial regulations;
(b) stores and purchase regulations;
(c) staff regulations;
(d) scheme of service;
(e) any other matter as the Board may deem necessary.
(2) The regulations made under subparagraph (1) may not be published in the Gazette but the Board shall bring to the notice of such regulations to all persons or institution likely to be affected by the regulations so made.
31. Revocation of Government Notices
[Revokes G.Ns. Nos. 478 of 1962 and 113 of 1975.]
FIRST SCHEDULE
DECLARATION OF WATER SUPPLY AREA
(Regulation 3(3))
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IN EXERCISE of the powers conferred upon me by section 3 of the Waterworks Act * |
SECOND SCHEDULE
PERFORMANCE EVALUATION
(Regulation 4(2))
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(a) Quality of Service: |
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(i) Ratio of average water produced to water demand (minimum 50%) |
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(ii) Average hours of service per day (minimum 6 hours/day) |
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(iii) Ratio of population served to the total population in the water and Sewerage Area (minimum 50%) |
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(iv) Water leakage as a percentage of water produced a maximum of 30%. |
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(v) Qualify of Water produced: |
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Urban Areas: As per International Drinking Water Supply guidelines. |
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Rural Areas: As per Tanzania temporary standards. |
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(vi) Quality of Effluents produced as per Tanzania effluents standards contained in Water Utilisation Control and Regulation (Amendment) No. 10 of 1981. |
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(b) Financial assessment: |
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(i) Billing efficiency as a ratio of quantity of Water billed to the quantity of billable water (minimum 80%) |
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(ii) Revenue collection efficiency as a ratio of the amount of revenue collected in the current financial year to the amount of revenue of Water billed (minimum 65%). |
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(c) any other performance indicators as may be required by the Minister. |
RULES
<FD">THE WATERWORKS (WATER SUPPLY) (DESIGNATED AND DECLARED AREAS) RULES
(Section 39)
G.N. No. 369 of 1997
1. Citation
These Rules may be cited as the Waterworks (Water Supply) (Designated and Declared Areas) Rules.
2. Application
These Rules shall apply to any area designated and declared to be a Water Supply and Sewerage Authority and the Dar es Salaam Water Supply and Sewerage Authority.
3. Interpretation
In these Rules–
"Act" means the Waterworks Act *;
"approved" means approved by the Water Authority;
"Authority" means the Water Authority for any Water Supply and Sewerage area under the Waterworks Act, or Dar es Salaam Water Supply and Sewerage Authority, or any person ordered by the Minister under the Waterworks Act, to exercise and perform any of the powers, duties, and functions of a Water Authority for any Water Supply area, and includes any officer or servant of a Water Authority subject to the general authority of the Water Authority;
"authorized officer" means any officer or servant of a Water Authority authorized by the Water Authority;
"consumer" means any person supplied with or intended to be supplied with or using or intending to use the water supply of a Water Authority;
"consumer's service" means any service not being part of a waterworks through which water flows or is intended to flow from a waterworks to any consumer or which is or may be used for the purpose of supplying water to any consumer from a waterworks, and includes a consumer's pipe, cistern, cock, fittings, and other appliances, but not a meter;
"Minister" means the Minister responsible for Water;
"misuse" in region to water means any use of water in disobedience to the terms of any notice given under rule 36 of these Rules;
"waste" in relation to water means the consumption of water due to any failure off the part of a consumer to comply with any provision of the Ordinance or these Rules which is applicable to consumer's services.
4. Obedience to Rules
These Rules in so far as they may be capable of application to any consumer whether as owner or occupier of premises or services or otherwise shall be obeyed by such consumer, and if made applicable to any person shall be obeyed by every person.
5. Application for supply
(1) No consumer or other person on behalf of a consumer shall commence to lay, alter, remove or extend any consumer's service unless there has previously been made in writing to the Authority by or on behalf of the consumer an application for supply containing an application for permission to lay, alter, remove, or extend the said service and until the said permission shall have been granted and the place, fittings and arrangements for laying, removing, altering or extending the said service shall have been approved by the Water Authority.
(2) Applications for supply under this rule shall be made in the form contained in the First Schedule to these Rules.
6. Agreement for water supply
(1) Before any water of the Authority is supplied to a consumer, the latter shall make an application to take the supply accordance to these Rules and upon the terms, conditions and at the charges prescribed and applicable to the purpose for which the water is required and in respect of which the consumer has agreed to pay for the charges.
(2) No supply shall be taken from the waterworks of the Authority unless and until such agreement shall have been signed by the consumer and the performance of the terms and conditions thereof and any matters required by these Rules have been complied with to the satisfaction of the Authority.
7. Price of water and terms and conditions of supply
(1) The water supplied by the Authority shall be charged for and supplied at the price and upon terms and conditions as may, be fixed by the Authority. The adjusted charges shall be published in the Gazette.
(2) Except where it is otherwise provided, the quantity of water registered by a meter as having been supplied to any consumer shall be deemed to be the quantity supplied.
(3) When any consumer is supplied with an unmetered supply of water by the Authority, such consumer shall be charged at a flat rate per month, irrespective of the amount of water consumed, which rate shall be fixed by the Authority.
8. Use of water
The water supplied by the Authority to any consumer shall be used only for the purposes specified in the application for supply, or, in the case of public fountains, for the purposes notified by the Authority.
9. Restriction of non-domestic purposes
(1) The supply of water for purposes other than domestic purposes shall be granted and continued to any consumer conditionally upon the sufficiency of the water supply for domestic purposes.
(2) Wherever the Authority, having regard to the state of the water supply and other water resources in the area and the demands made or likely to be made by the supply for domestic purposes shall deem it expedient to discontinue or otherwise to reduce or restrict the supply to or the taking or use by any consumer of water for non-domestic purposes it shall be entitled to do so with or without notice and without responsibility for loss, inconvenience or injury arising to any person thereby.
(3) It shall be the duty of every person to comply with the terms of any notice which may be given by the Authority under this rule and any disobedience to the terms of the notice shall constitute a breach of these Rules.
(4) Any notice which may be given under this rule may be given by advertisement in the Gazette or any local newspaper or by such other means as the Authority may deem sufficient to bring the information to the knowledge of any consumer likely to be affected.
10. Consumer leaving premises
If and whenever any consumer ceases to occupy any premises supplied by or to use the water of the Authority he shall give not less than three days prior notice in writing to the Authority in the form contained in the Second Schedule to these Rules, save that notice may be given by posting to or leaving the same at the local office of the Authority and disconnection shall be at the expense of the consumer.
11. Public fountains
The Authority may supply water to public fountains wherever the Authority shall think fit in any water supply area and shall be entitled to charge for the water so supplied at the prices fixed by the Authority and to control the supply to such public fountains by notifying to the public in any manner it thinks fit any limitation of the hours during which the water shall be available or of the purposes for which it may be used.
12. Services and connection of services
(1) Every consumer's service and the place, fittings and arrangements for connecting any such service with the waterworks shall be approved in writing by the Authority as being in conformity with these Rules and no consumer shall be entitled to a supply of water unless and until every such service and the place, fittings and arrangements for connecting any such service as provided in this rule.
(2) No consumer or other person shall connect or cause to be connected any consumer's service to the waterworks without having obtained the approval in writing of the Authority as is provided under subrule (1).
(3) Every consumer requiring a connection or the renewal of any connection with the waterworks shall make application thereof to the Authority in the form contained in the Third Schedule to these Rules and shall pay a deposit to the Authority at least two days before the commencement of any work: Provided that the deposit shall be equivalent to the estimate of recoverable expenditure made by the Authority and the Authority shall be entitled to recover from the consumer any excess of actual overestimated recoverable expenditure, and in case the estimate shall exceed the actual expenditure the balance shall be credited to the consumer.
(4) for the purposes of this rule, recoverable expenditure shall include–
(i) providing and fixing a ferrule on the Authority's mains;
(ii) providing and fixing a stop valve;
(iii) cost of excavation and all material required to connect, renew or replace a consumer's service;
(iv) maintaining surface and permanent reinstatement;
(v) providing any additional labour and material;
(vi) departmental charges equivalent to 20 percent of the total cost of items (i) to (iv).
13. Nature, quality, fitting and repair of services
(1) Every consumer's service shall be of such nature, quality, size and pattern and shall–
(a) comply with any specification contained in these Rules and be approved by the Authority; and
(b) be laid, installed, maintained, repaired, renewed or removed so as to conform with these Rules by and at the expense of the consumer.
Prevention of waste
(2) No consumer's service shall at any time be in such defective a condition or shall be laid or fixed in such position or manner as to involve damage or obstruction to any service or waste or pollution of water supplied by the Authority.
(3) A consumer shall not be required under and by virtue of subrule (1) of this rule to alter or renew any consumer's service lawfully existing and lawful use on any premises or to construct or provide any addition thereto unless and until an authorized officer deems any such service to be in such defective a condition or laid or fixed in the position or manner as to be likely to cause or involve damage or obstruction to any service or waste or pollution of water supplied by the Authority.
(4) For the purposes of this rule an authorized officer may have and every consumer shall permit him to have access to any consumer's premises as is provided for in the Act, and such authorized officer may inspect and test any consumer's service upon the said premises in order to ascertain whether the same conforms with these Rules or is in such condition as to be likely to cause damage, obstruction, waste or pollution of water supplied by the Authority.
(5) If in the opinion of an authorized officer any consumer's service is in such defective a condition or is laid or fixed in such position or manner as to involve damage or obstruction to any service or waste or pollution as aforesaid he may by notice in writing require such consumer to take such measures as are specified in the said notice in order to prevent such damage, obstruction, waste or pollution and conversely, it shall be the duty of the consumer to comply with such notice to the satisfaction of the Authority, and any consumer who fails or neglects to do so shall commit a breach of this rule and may be guilty of wasting or polluting the water of the Authority.
(6) Any notice given under this rule shall be in the form prescribed in the Fourth Schedule to these Rules or substantially to the like effect.
14. Connection to pipe of authority
The connection of every consumer's pipe with any pipe of the Authority shall be made by means of an approved clamp saddle or hard brass ferrule or stop ferrule with union and shall be made so as to have a clear waterway of approved size.
15. Stop valve
Every consumer shall procure to be fitted outside any premises owned or occupied by him a stop valve with an area of waterway not less than of a one and half centimetres pipe and not greater than that of the pipe of the Authority: Provided that the stop valves shall be supplied and fitted at the consumer's expense and shall be of approved size and every stop valve shall be fitted below the surface of the ground, as close to the boundary wall as practicable, and shall be suitably protected by an approved surface box at the consumer's expense.
16. Bends in pipes
Bends in pipes shall not in any case diminish or alter the bore of the pipes.
17. Support for pipes
Every pipe used in connection with the water of the Authority shall be adequately supported and shall be fixed as far as possible so as to avoid air locks.
18. Accessibility of pipes
Every pipe or fitting within a building shall so far as practicable be so placed as to be readily accessible for examination and repair.
19. No connection with other water
No pipe for the conveyance of or in connection with water supplied by the Authority shall communicate with any pipe, cistern, butt or other receptacle used or capable of being used for the conveyance or reception of any water other than water supplied by the Authority.
20. No pipe to be laid through drain
(1) No pipe shall be laid so as to pass into or through any sewer or drain or any manhole connected therewith or into or through any septic tank, refuse pit or ash pit.
(2) No pipe shall be laid or allowed to remain in contact with any foul soil or with any injurious material:
Provided that if the laying of such pipe through foul soil cannot be avoided such pipe may be so laid if it is sufficiently protected from contact with soil either by being carried through an exterior tube of approved material or by some other approved suitable means.
21. Warning pipe
(1) Every storage cistern or flushing cistern shall be provided with an overflow or waste pipe so arranged as to act as a warning pipe.
(2) Every warning pipe shall be placed in such a situation as will admit of the discharge of water from such warning pipe outside the buillding being readily ascertained by an officer of the Authority.
(3) No overflow or waste pipe other than a warning pipe shall be attached to any storage cistern or flushing cistern supplied with water of the Authority and every such overflow or waste pipe not being a warning pipe shall be removed or converted into a warning pipe.
22. Buried cisterns prohibited
No cistern buried or excavated in the ground shall be used for the reception or storage of water supplied by the Authority unless the use such cistern for the said purpose has been previously approved in writing by the Authority.
23. Cisterns supply to boilers
No steam boiler or other hot water apparatus in which water supplied by the Authority is used shall be supplied otherwise than through a cistern and ball tap of approved pattern.
24. Depth of pipes
Every pipe laid in connection with water supplied by the Authority when not beneath a building shall be laid at a depth of not less than 60 cm below the surface of the ground and in the case of any pipe laid under any road, street or pavement or in any other situation where it is exposed to the risk of damage shall be laid not less than 90 cm below the surface of such road, street or pavement or shall be protected to the satisfaction of the Authority.
25. Removal of unnecessary services
Any consumer's service which is out of use or no longer necessary shall be removed and the service properly sealed by the consumer to the satisfaction of an authorized officer. Should the consumer fail to comply with this rule an authorized officer may enter the premises and execute the necessary work and the expenses thereof shall be recoverable by the Authority from the consumer.
26. Cistern to be installed if required
If so required by the Authority, any consumer using or intending to use water supplied by the Authority for other than domestic purposes shall install a cistern for the storage of water to be used for such purposes of such type, capacity and specification as may be approved by the Authority.
27. Meter rent
In addition to the charge for the water used the consumer shall pay such rent for the use of any meter as may be prescribed. All meters shall be provided by the Authority.
28. Fixing and repair of meters
The cost of fixing and connecting any meter with the waterworks, including the requisite valves and other apparatus, shall be paid by the consumer. The meter will be maintained by the Authority in proper repair and good working order, but the cost of repairs thereto necessitated by damage caused by fire, negligence, or defect of any consumer's service shall be paid by the consumer.
29. Position of meter
Every meter shall be placed in such a position as an authorized officer shall determine in consultation with the owner of the premise and as close as possible to the boundary of the premise and shall be so placed as to be open to inspection by an authorized officer, who shall be entitled to have free access thereto for any purpose provided for in the Act or these Rules.
30. Inaccurate meters
No meter shall be used or continue to be used for the measurement of water supplied by the Authority if it is found on being inspected and tested by any authorized officer to be inaccurate and that a meter shall be deemed to be inaccurate if any error shown is more than five per centum either way:
Provided that a meter so found in error shall be deemed to have acquired that error not more than three months from the date it was reported.
31. Charging in case of inaccurate meters
If from any cause any meter shall cease to indicate correctly the quantity of water passing though it the authority shall estimate the correct registration in any of the following ways–
(a) by comparison with the quantity of water supplied under similar conditions during some other period; or
(b) by comparison with the quantity of water supplied after the meter has been restored to proper order; or
(c) by comparison with the registration of a substitute meter used temporarily in place of the defective meter; or
(d) by applying a correction factor if the meter is found to have a consistent error of registration; or
(e) by whatever basis is considered equitable by the Authority, having regard to the circumstances of the case.
32. Inspection and removal of meters
The Authority may, from time to time, by an authorized officer inspect any meter and may remove the same for the purpose of testing the accuracy thereof, or for the examination or repair, or for the purpose of substituting another meter, or in case of the discontinuance of the supply of water.
33. Meters may be tested
Any consumer may require a meter to be tested by the Authority at all reasonable times. If the meter is found to be accurate the consumer shall pay the whole of the expense so incurred. A meter shall be deemed to be accurate if any error show is less than five per centum either way.
34. No disturbance of meters
No meter shall be moved, disconnected, or in any way altered or interfered with, except by the Authority. When any alteration is necessary or repair required notice to that effect must be given to the Authority.
35. Suspension of supply
Without prejudice to the generality of any power in that regard conferred by the Act or these Rules the Authority may suspend the supply of water without notice either wholly or partly to any consumer in any of the following circumstances–
(a) in case of the refusal by any consumer of lawful access to any authorized officer or workman bearing the authority of an authorized officer into any premises;
(b) in case any consumer's service or connection with the waterworks shall not conform with these Rules or be so constructed and used as effectively to prevent waste, or pollution of water;
(c) in case of any waste, misuse or pollution by any consumer of water supplied by the Authority;
(d) in case of any insufficiency of the supply of water;
(e) in case of any repair or readjustment to the waterworks or any meter; and
(f) in case of any breach by a consumer of any of these Rules.
36. Prevention of misuse
(1) It shall be lawful for the Authority at any time, when it shall deem it necessary and expedient to do so, by notice in the Gazette and three consecutive issues of a local newspaper–
(a) to require consumers to conserve the water supply of the Authority by any measures of whatsoever kind therein directed to be taken; and
(b) to prohibit or restrict the use of water supplied by the Authority for all or any of the following purposes–
(i) for watering a garden, recreation ground, road or pathway, unless such water has already been reasonably used for any other legitimate purpose;
(ii) for washing motor vehicles or any kind of wheeled vehicle;
(iii) for washing any other implement, article or thing specified in the said notice.
(2) On the publication of such notice and until the same has been cancelled it shall be the duty of every person to comply with the terms thereof and any person who shall fail to conserve the water of the Authority, shall use or permit to be used any water of the Authority in any way contrary to any prohibition or restriction specified or shall otherwise disobey the terms of the said notice shall commit an offence against these rules and shall be guilty of misusing the water of the Authority.
37. Penalties
Any person who commits an offence against these Rules, for which no punishment is specially provided under the Act, shall upon conviction be sentenced to pay a fine not exceeding one hundred thousand shillings or to imprisonment to a term not exceeding twelve months or to both.
38. Revocation
[Revokes G.Ns. Nos. 254 of 1949, 478 of 1962 and 113 of 1975.]
FIRST SCHEDULE
APPLICATION FOR SUPPLY
(Rule 5)
THE WATERWORKS RULES
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To: The .............................................................................................. Water Authority. |
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(1) I/we ............................................................................................................ make |
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(2) I/we apply for permission to lay/remove/ alter/extend the services in relation to the water supply at my/our premises. |
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N.B. Cross out the words above which do not apply and give full particulars hereunder. |
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A. Premises: |
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Address of premises ......................................................................................... |
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Description of premises .................................................................................... |
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(residential, business, trade) |
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No. of water closets ......................................................................................... |
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No. of urinals ................................................................................................... |
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No. of baths .................................................................................................... |
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No. of stand-pipes ........................................................................................... |
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No. of wash basins .......................................................................................... |
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No. and size of other draw-off ............................................................................ |
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B. Service: |
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Nature of Service in respect of which application is made ..................................... purpose for which water required, stating full particulars of any non-domestic purpose .......................................................................................................... |
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Name of plumber or Contractor employed to fix pipes, taps and other apparatus. |
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I undertake not to have the work begun before the consent of the Water Authority is received and to have the work carried out in accordance with the Waterworks Rules to the satisfaction of the Water Authority. I further undertake to notify the Water Authority as soon as the work is complete and to give facilities for its inspection by the Water Authority whose proper charges in connection with the work I undertake to pay in advance. |
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Signature of Applicant .................................................................................................... |
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Address (in full) ............................................................................................................. |
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Date of Application .................................................... |
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ENTRY IN WATERWORKS APPLICATION BOOK |
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Folio .......................................... Entered by ................................................................. |
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C. CERTIFICATE |
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The Certificate must be signed by the owner of the premises concerned. I certify that I am the owner of the premises referred to in the application and agree that the premises be supplied with water from the waterworks as from ............................................. |
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Signature of Owner ........................................................... |
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Address ........................................................................................................................ |
SECOND SCHEDULE
NOTICE OF DISCONTINUATION OF WATER SUPPLY
(Rule 10)
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To: The ................................................................................................. Water Authority. |
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I/We ........................................................................................................ hereby give |
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Signature ............................................................... |
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Address ........................................................................................................................ |
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ENTRY IN WATERWORKS NOTICE BOOK |
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Folio .......................................... Entered by ................................................................. |
THIRD SCHEDULE
NOTICE OF CONNECTION OF RENEWAL OF CONNECTION TO PREMISES
(Rule 12)
THE WATERWORKS RULES
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To: The ............................................................................................... Water Authority. |
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The pipes and fittings in the undermentioned premises are now ready for inspection, and I request to have the necessary connection made with the Waterworks. |
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Street and No ................................................................................................................ |
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Belonging to .................................................................................................................. |
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Occupied by .................................................................................................................. |
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No. of houses or description of premises .......................................................................... |
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Purposes for which water is required ................................................................................ |
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Cistern ................................. No. .............................. Capacity ..................................... |
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Water closets ........................ No. ................... Hose pipes .................... No. ................ |
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Standpipes ........................................... No. ............. |
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Baths ........................ No. ..................... Engines .......................... No. ........................ |
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Wash Basins ................................................................... No. ....................................... |
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Urinals ............................................................................ No. ........................................ |
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Heating apparatus ............................................................ No. ........................................ |
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Washing apparatus .......................................................... No. ........................................ |
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Diameter and type of pipe ................................................. No. ........................................ |
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Description of Cocks (Maker's name or Trade Mark) .......................................................... |
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Description of Taps (Maker's name or Trade Mark) ............................................................ |
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Signature ................................................................ |
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Address ........................................................................................................................ |
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Examined on the ......................... day of ................................... and found to be in accordance with the Rules. |
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Signed ................................................................................ Water Supply Inspector. |
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ENTRY IN WATERWORKS NOTICE BOOK |
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Folio ........................................... Entered by ................................................................ |
FOURTH SCHEDULE
NOTIFICATION OF DEFECTIVE CONDITION OF SERVICE OR OTHER CONDITIONS CAUSING DAMAGE, OBSTRUCTION, WASTE OR POLLUTION
(Rule 13)
THE WATERWORKS RULES
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To: .................................................................. |
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Sir or Madam, |
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I hereby give you notice that the services at your premises at .......................................... |
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(Strike out words not applicable) |
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are in a defective condition and/or so laid or fixed as to involve– |
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(i) damage or obstruction to pipes, fittings; etc. |
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(i) waste of water; |
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(iii) pollution of water. |
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Particulars: ..................................................................................................................... |
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2. You are accordingly required to take the measures specified hereunder within days from the date hereof |
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Particulars: .................................................................................................................... |
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3. Failure to comply with this notice– |
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(a) may involve a breach of the Waterworks Rules and cause waste or pollution of the water supply punishable by fine under the Waterworks Act *; and |
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(b) may be followed by suspension of supply. |
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................................................ |
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Notice by the .................................................. Water Supply and Sewerage |
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Authority under r. 9 of the Waterworks Rules |
CONSERVATION OF WATER
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Having regard to the state of the water supply and other water resources in the area of the and the demands made or likely to be made by the supply for domestic purposes: |
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The taking by any consumer of the water of the Dar es Salaam Water Authority for purposes is hereby restricted to the hours between 11 p.m. and 4 a.m. inclusive until further notice. |
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Notice by the .................................................................... Water Supply and Sewerage |
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Authority under r. 38 of the Waterworks Rules |
PREVENTION OF MISUSE OF WATER
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The public and all consumers are required to conserve the water supply of the |
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The use of water supplied by the .................................................. Water Authority is prohibited until further notice for all the following purposes– |
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(i) for watering a garden, recreation ground, road or pathway, unless such water has already been used for any other legitimate purpose; |
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(ii) for washing motor vehicles or any kind of wheeled vehicle. |
{/mprestriction}