CHAPTER 272
WATERWORKS ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   ORDERS

      The Waterworks (Water Supply Areas) Order

   REGULATIONS

      The Waterworks Regulations

   RULES

      The Waterworks (Water Supply) (Designated and Declared Areas) Rules

ORDERS

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:

Regions

Institutions

Ruvuma

Songea Secondary School

Iringa

Ifunda Technical School, Malangali School, Iringa Aerodrome.

Mbeya

Mbeya Airport, Mbeya School.

Morogoro

Chazi Leprosarium, Mzumbe Schools, Wami Farm School.

Mwanza

Butimba Prison, Butimba Teachers Training College, Bwiru School, Mwanza Airport, Ukiriguru Agricultural School and Cotton Research Station.

Kagera

Maruku Coffee Station, Nyakato Secondary School Bukoba.

Arusha

Arusha Airport, Tengeru Natural Resources School.

Kilimanjaro

Kibongoto Sanatorium; Kilimanjaro International Airport.

   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:

Regions

Places

Dar es Salaam

Kisarawe.

Singida

Kiomboi.

Tanga

Handeni.

Arusha

Loliondo.

Tabora

Kabungu.

Mbeya

Tunduma, Kwira Trading Center.

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

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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