GHANA WATER AND SEWERAGE CORPORATION ACT - 1965 (ACT 310)
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(1) There is hereby established a body corporate to be known as the Ghana water and Sewerage Corporation.
(2) The Corporation shall, by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal, may sue and be sued in such name and may for the purposes of this Act enter into contracts and other transactions.
(3) The Corporation shall have the power, for the discharge of its functions conferred by or under this Act, to acquire and hold any movable or immovable property and to sell, lease, mortgage or otherwise alienate or dispose of any such property.
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(1) The objects of the Corporation shall be-
(a) the provision, distribution and conservation of the supply of water in Ghana for public, domestic and industrial purposes; and
(b) the establishment, operation and control of sewerage systems of such purposes.
(2) Without prejudice to the generality of subsection (1), the powers of the Corporation shall include, in relation to all or any of the aforesaid objects -
(a) the preparation of long-term plans in consultation with the appropriate co-ordinating authority established by the President;
(b) the conduct of research relative to water, sewerage, and connected subjects;
(c) the making of engineering surveys and plans;
(d) the construction and operation of works;
(e) the setting of standards relative to water supply and sewerage in collaboration with appropriate authorities selected for the purposes of this Act by the President;
(f) the determination of adequate rates, charges or fees, and effective methods for collection thereof, for water and sewerage services furnished to all classes of users; and
(g) the conduct of other related or incidental activities.
(3) For the purpose of carrying out any of its objects the Corporation may, by its officers, other employees or agents-
(a) after giving notice to the owner or occupier of any land or premises, enter upon any such land or premises and thereon dig trenches, lay pipes and do other acts reasonably necessary for carrying out such objects; and
(b) enter any road or place to which the public have access for carrying out such objects:
Provided that the Corporation shall do as little damage as possible in the exercise of its powers under this section, and shall compensate for any damage caused by the exercise of such powers, and the liability for, and the amount of, the compensation shall, in case of difference, be settled in accordance with the provisions of the Arbitration Act, 1961 (Act 38).
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(1) The objects of the Corporation shall be-
(a) the provision, distribution and conservation of the supply of water in Ghana for public, domestic and industrial purposes; and
(b) the establishment, operation and control of sewerage systems of such purposes.
(2) Without prejudice to the generality of subsection (1), the powers of the Corporation shall include, in relation to all or any of the aforesaid objects -
(a) the preparation of long-term plans in consultation with the appropriate co-ordinating authority established by the President;
(b) the conduct of research relative to water, sewerage, and connected subjects;
(c) the making of engineering surveys and plans;
(d) the construction and operation of works;
(e) the setting of standards relative to water supply and sewerage in collaboration with appropriate authorities selected for the purposes of this Act by the President;
(f) the determination of adequate rates, charges or fees, and effective methods for collection thereof, for water and sewerage services furnished to all classes of users; and
(g) the conduct of other related or incidental activities.
(3) For the purpose of carrying out any of its objects the Corporation may, by its officers, other employees or agents-
(a) after giving notice to the owner or occupier of any land or premises, enter upon any such land or premises and thereon dig trenches, lay pipes and do other acts reasonably necessary for carrying out such objects; and
(b) enter any road or place to which the public have access for carrying out such objects:
Provided that the Corporation shall do as little damage as possible in the exercise of its powers under this section, and shall compensate for any damage caused by the exercise of such powers, and the liability for, and the amount of, the compensation shall, in case of difference, be settled in accordance with the provisions of the Arbitration Act, 1961 (Act 38).
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(1) The Board shall meet for the despatch of its business at such times and at such places as the Chairman thereof may appoint, so, however, that the Board shall meet at least once every month.
(2) At every meeting of the Board at which he is present, the Chairman shall preside and in his absence, a member of the Board appointed by the members present from among themselves, shall preside.
(3) Questions proposed at a meeting of the Board shall be determined by a simple majority of members present and voting and in the event of an equality of votes the person presiding shall have a second or casting vote.
(4) The quorum at any meeting of the Board shall be four.
(5) The Board may make bye-laws or other instruments, not inconsistent with this Act for the purpose of regulating its business or any other matter falling within the scope of its functions.
(6) The Board may, at any time, co-opt any person or persons to act as adviser or advisers at any of its meetings, so, however, that no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by the Board.
(7) The validity of any proceedings of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.
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Subject to such directions as may be given by the Board on matters of general policy, the Managing Director thereof shall be the chief executive officer of the Corporation and shall, subject to such directions, be charged with the conduct of its business, its administration and organisation, and with the selection, control, and dismissal of all the staff and employees of the Corporation and with the determination of their conditions of service.
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Subject to such directions as may be given by the Board on matters of general policy, the Managing Director thereof shall be the chief executive officer of the Corporation and shall, subject to such directions, be charged with the conduct of its business, its administration and organisation, and with the selection, control, and dismissal of all the staff and employees of the Corporation and with the determination of their conditions of service.
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The Corporation shall cause its affairs to be managed in accordance with the practices observed in public utility enterprises and in particular shall cause its functions under this Act to be carried out so as to ensure that, taking one year with another, its revenues are equal to or greater than its outgoings.
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(1) The Corporation may obtain loans and other credit facilities on the guarantee of the Government from the National Investment Bank or from such other Bank as the Minister responsible for Finance may approve.
(2) Apart from the powers of the Corporation under subsection (1) of this section, the Corporation may, with the prior approval of the Minister responsible for Finance, borrow money from any other source.
(3) For the purposes of any technical arrangements in connection with the raising of any loan under subsection (2) of this section, the Corporation shall, if the National Investment Bank agrees, use the services of that Bank.
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(1) There shall be vested in the Corporation such assets as may be transferred to the Corporation by the Minister by executive instrument and such other assets as may be transferred to it by other persons.
(2) The Corporation may receive grants from the Government for development and as working capital.
(3) The Corporation shall establish and maintain by annual payments from its earnings a depreciation fund for the replacement of fixed assets which become worn out or become obsolete, and shall establish such capital sinking funds as may be required for expansion and development financing.
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(1) The books and accounts of the Corporation shall be audited each year by the Auditor-General or an auditor appointed by him.
(2) The Auditor-General shall, not later than three months after the termination of each financial year forward to the Minister a copy of the audited accounts of the Corporation for the financial year immediately preceding.
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The Board may, with the approval of the Minister, by legislative instrument, make regulations-
(a) in respect of such matters as are required under this Act to be prescribed;
(b) fixing water rates, sewerage charges, and other fees necessary for giving effect to any matter specified in this Act;
(c) for the prevention of the waste of water;
(d) for the suspension of water supply;
(e) for the prevention of the pollution of water;
(f) for the inspection of any appliances whereby or in connection with which water is supplied or sewerage systems are established;
(g) for the conditions of service of the staff of the Corporation, including conditions for the establishment of a Provident Fund or Pension Fund Scheme; and
(h) for any other matter for carrying out the principles and provisions of this Act.
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(1) A council within the meaning of the Local Administration Act, 1971 (Act 359) shall exercise any object conferred or deemed to be conferred under that Act, subject to such directions as may be given by the Corporation, if such object is connected with or incidental to an object of the Corporation specified in section 2 of this Act.[As amended by the Local Administration Act, 1971 (Act 359), sch. to s.118]
(2) The Corporation shall have preference over other authorities in the use of water resources for public, domestic and industrial purposes and if there is any doubt as to the meaning of the expression "public, domestic and industrial purposes" in section 2 of this Act, such doubt shall be resolved by the Minister whose decision shall be final.
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The Waterworks Ordinance (Cap. 67) is hereby repealed:
Provided that any statutory instrument made under that Ordinance, and in force on the day immediately before the date of commencement of this Act shall, until such instrument is amended or rescinded, continue in force under the corresponding provisions of this Act.
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