XXIII tal-1991

A

WATER SE RVI CES CO KPOIl ATION ACT. 1991

A RRANGEMENT OF SEcrlONS

Section

PART I

Preliminary

I. Short tille and commcllcemenl.

CENSU T A BONE

(I •• S.)

President

2200 November, 1991

ACT No. XXIII of 1991

AN A CT /Q provide IQr the f'Slab lishnrl'11l of a body CQrpo,QII: 10 be

kno lO'" tU rhl' W/l IU ~n'icts Corporalion . and for Ihi' Ul'rciM and

performance by 0' on Mhol! of rhe Corporation of fUIII:tioru .-tlllled

/0 Ih i' acquisition. ',am/a rmarian, manu/llc/ure, distribution and

suit of p%bit' rllld nOli-potable ,.'Q/U. and, as appropriate. 10 the

Ir/!II//IU!/II and disposal Or "oUSt of sewage and ,.'ast,. "'altT, and ne·

USt of SlOrm wall'f run-off. 10 provide fo r rite {T(lIIs/er to Ihe

CorporOlion of ctrlain inslulfatioru. equipmml or other proptrty,

and /0 makl' provision in f l'Sp«1 of mal/Us (meillory Ihtrero o r

connected Ilttrl'wilh.

BE IT ENACfE D by the Preside nt, by and with the advice and

consent of Ihe House of Representati ves. in this present Parli 3ment

a~mbled . and by the aut hority of the same. IS follows:-

PART !

Pnlimlnllry

This Act may be cited as the Water Se rvices Corporation SIoon till< Md

I . ( I)

Act, 199 1.

(2) Th is Act shall come in to fo rce on such date as the

Minister responsibl e for wate r may, by notice in the Gove rnme nt

Gazeue appoint , and differenl dales may be 50 appointed for diffe re nt

provisions and for differenl purposes o f this Act.

2. (I)

In Ihis Act. unless the COntexI otherwise req uircs:-

"apparatus" includes vehic les, all machines, devices and

fini ngs used in the pumping. dcsali nalion. Ireatmtn l or IrDnspon o f

water ond waSle water;

-appointed day~, in relation \0 the provisions of Part IV of

this Act, means the day or days on which section 32 of this Act comes

into force with respect 10 such public: undertaking!; as m ay be transferred

by virtue of that section

"Board" means the Board of the Corporation established by

section 5 of this Act;

- Chairman- , - Deputy Chai rman- and - Mcmbcr- mean the

Chairman, the Deputy Chairman and a member of the Board

respectively;

-Chief Excculive- means the Chief Executive of the

Corporation appoinlcd in lICC(ITdanc.e with sLlbsection (5) of section 5

of Ihis Act

-cistern" means any Te$e n'oir, tank (excluding roof tank) ,

pond. or other receptacle, used or intended 10 be used for ooll ecting

o r storing water, whether situated or constructed above o r be low

ground, covered o r uncovered;

"collecting area" mean s that su rface or area of lands. roads,

sites, or buildings, the rain falling upon which ca uses or contributes to

any stream or deposi t o f 5urface wate r;

~conduil " means any channel, d itch, guller , pipe or aqueducl ,

made or intended for the conveyance of water which is 10 be collected,

stored , Of" in any way utilized;

"consumc r~ means thc person o r body corporatc to whom

services are rendered by the Corporation;

MCorporation~

me ans the Wate r Sc:rvica Corporation

established by Ihis Act;

Mdirector~ means a dirc:ctor o f the: Corporation under this Act;

~domestie sewage" means the contents of lavatorics and water

which has been used for cooking or washi ng, and other waste water

ordinarily removed from domestic premises, but does not indude

surface water removed from buildings and from land oocupiedwith. and

appurte nan t 10, the building. nor any waste water ot her th an the

contents of lavatories and other water used for personal hygiene and

similar purposes. removed from trade premises, or from any laundry

-domestic supplyM mea ns a supply of water made to a

te nemen t to meet the ordinary and reasonable requirements of the

domestic life of the person o r persons residing in the: te nement

~ financial year~ means any periodoflwelve monthse nding on

the thirtieth of September o f any yea r: provided tha t the first financial

year of the Corporation shall commence on the date of the coming into

force of this Act and shall end on the thirtieth day of September of Ihe

ne~t fo llowin g yea r;

~irrigation area"

means a ny area so declared by o rde r of the

Ministe r responsible for Agricu lture;

"gallery ~ means an underground passage made in searchi ng

for a spring, or fo r collecting the waters of a spring o r through whkh

the waters of a spring may flow from o ne point to anoth er, in the

context of groundwater exploi tation;

-licence~ means a ny permit or autho rity given in writin g by

the Corporation mentioned in section 44 hereof;

~ main s" m ~ans a pipe laid for the purpose of giving a general

supply of water as d istinct from a supply to individual consumers and

includes any apparatus in connection wi lh such pipe ;

-Mi niste r~ means the Minister responsible for wate r and

includes any person authorised by such Minister in that behalf;

~ofrJCer - and -other employees" in relation to the

Corporation include a ny public officer detailed for duty with the

Corpo ration;

"person" incl udes any body of persons or any body corporate

establ ished by the law;

-public office r- has the same meaning as is assigned to it in

5e<:tion 126 of the Consti tution;

~ public undenaking~ means any underta king or insta llatio n,

and any apparatus, instrument, device o r pl ant and all things accessory

or ancillary thereto which, immediately before th e appointed day, were

vested in o r belonged to th e Government by whateve r title and were

operated by it for the purposes o f producing, storing and distribuling

water or collecting and disposing or treating o f sewage. waste water

o r stormwater run-off;

~ premi5e!i- includes lands, bu ildings, lIouses and any other

StTUClure whalSOCver;

- prescribed " means prescribea by regul~tions , ru les or orders

made under or kept in force by this Act ;

"sea-craf!" includes noating tanks for the supply of water to

any sea vessels;

-se rvice" means a conduit made for the purpose of conveymg

water from the water works to any te nement, for the uclusive use o f

the owner or oceupier (hereof, or for any use or purpose within the

same (Cne menl;

"spnng

means wat er existing o r flowing naluraJl y

underground , con tin ually or from time to time, whe ther the said wate r

escapes or flows on the su rface or not;

~scormwale r rUIl-off' shall include rainwater which is not

absorbed by the ground or which doc1 nOI evaporate and which is not

ooll0:0;:ted in cisterns;

Mtenement" includes any part of a tenement provided with a

constant supply, normally metered separately;

~t rade efflue nt"' means any liq uid (either with or without

panicles of matter in suspension or dissolved in it) mhcT Ihan surface

water and domestic sewage, which is discharged from premises Llscd

for carrying on any comme rcial or industrial activity;

"trade premises" means any land o r building, used partly o r in

whole for the purpose of undertaking any commercial or industrial

activity. For the purpose of thi s definition , il also means any premises

wholly or mainly used ( whether for profit or not ) for agricultu re or

horticultural purposes or for scientific research or ('''perimen l;

"watercourse" rneansanyditch, valley, ravine , gulle r , channel

o r pipe, through or along which spring or surface water flows

contin uall y o r from lime to ti me;

Mwate r fiuings" includes pipes other than mains, taps , cocks,

valves , ferrules, meters , cistems, baths , water close ts. and othe r sim ilar

apparatus uscd in connection wi th the supply and use of water;

- wate r pumpM means any mechanical device for the purpose

of raising, boosting andlor circulating water from any source or place

whatsoever; and a water pump shall be deemed to have been installed

on a site when its component parIS have been aMembled as to be

reasonpbly deemed to be in a condi tion to ra ise, boost, andlor circulate

water from any source or place whatsoever and - inSlaltation M sha lt be

construed accordingly;

"water resources" mea ns water which for the time being is:-

(3)

contained in any mains o r service;

(b) inland water as is situated therein such as ponds or

reservoi,., ; and

(c) any underground strata , including water for the time

being contained in 3 well , borehole o r si milar work or in any

excavation into underground strata where the level of water in the

excavation depends wholly or mainly on water entering it from

those strata;

Mwaterwork s" means all collecting areas. cond uits (except all

such conduits as are "services" within the meaning of this Act), cisterns,

wells. galleries. dams. weirs. machines. pumps. valves. sluices. and

other appliances which are used or intended to be used for obtaining.

pumping . rai sing , coll ecting. processing. desalination, polishing,

storing or co nveying wate r which is to be supplied o r distributcd; and

includes those wo rks in which water is received or con tained o r by which

water is co nveyed. supplied or distributed;

"wholeso me wate rM mea ns water the quality of which is in

accordance with standards set by the Department of Heal th in the light

of circumstances prevailing at the time.

(2) Any refe re nce in this Act to regulations. rules or o rders

made under this Act shall include a reference to regulation s, rules or

orders kept in force by this Act.

PART 11

Constitution, .·uncd OR!l . nd COIII position of the

WitH" Suvice Corpontion

) , (I) There is hereby established a corporation to be known

as the Water Services Corporation .

(2) SUbject to the provisio nsof thisAct the Corporationshall ~.000 .

have the sole and exclusive aUlhoritv:-

(a) 10 acquire. produce , keep. distribute, sell. export o r

otherwise di spose of water (other than honied table water) for

domest ic, commercial . industrial or other purposes;

(b) to conserve, augment and operate wate r resources and

sources of water supply;

(c) to undertake and perform such other functions relating

to wale r oonscrvHtion, supply and distribution as it ma y deem

appropriate

(d) 10 provide fo r the trealm ent and for the dispo$3l or re·

use , as appropriale. of sewage and waste water;

(e) to provide as appropriate for th e use of stormwater run -

off from urban and ru ral areas.

(3) Subject to the provisions of this Act, 11 shall be the duty

of the Corporation:-

la) to devetop, maintain and pTo~ote a sale a nd ~ fficienl

production and di~lribution system III order to salls.fy, as

economically as possLble, all reasonable demands for water ,

(b) to dete rmine the short-term and long-term objectives of

t he Co rporat ion in relat ion \0 wate r supply. disposal and re- use and

to develop the o ........ sary slrategy and policies to reach these

objedives;

(c) (i) 10 provide. improve and exte nd 5uch a S)'$II:m of

public sewers and 10 cleanse a nd maintain these sewers so as

to ensure Ihal Ihe drainage system ope rates an d contin ues to

opoerate safely and effective ly

(il) 10 make provisions for the operation of these sewers

and such fu rth er provisions as are necessary from lime to ti me

fo r effed ivel), dealing with the contents of IIlese sewers by

meansof sewage treatment and disposal works o r otherwise;

(d) 10 have regard in performi ng ils d uly under tbis

sub!icction of lhe need 10 provide fo r Ihe t reatment and disposal or

otherwise of t rade effl ue nt;

(e) to promote the proper disposal of Wal;le wau:r and

stormwaler run-off;

(f) 10 conside r and advise any minister o n any ma ller relating

10 the formulation of a n overall national policy for water a nd on all

matlers rela ting to an y of ils functions unde r this Act;

(8) to manage and ope rate all undert akings and olher

installatio ns and all property, transferred to a nd vested in t he

Corporation by vi rtue of this Act or OIhcrwise Kq llired by the

Board fo r the purposes o f any of its functions;

( h) to hold and administer and, if and when it thi nks fit, to

realise any assets it may hold from ti me to time;

(i) to promote the reasonable uscof water and eocoll rage t he

consenoation and appropri ate rc-use o f wate r resources;

G) 10 carry out tests a nd to ma ke regulat ions relating to

water fittings fo r t he purpose o f preve nting the waste, undue

consumption . misuse. erroneoll$ measure me nl o r contamination

of wate r;

( k) to provide trai ning courses and other schemes in

conncctiOl1 with t he furthering of the science and technology of

wate r ma nage ment;

(I) to collaborate ",;t h othe r lexal o rganisations in pl acing

and coord in ati ng services including wate r purification, electrical

power, telecom munications. road senoices. agricultu re and

ind llstry; and

(m) to promote and undenake a lone or in collaboration

with othe r institut ions, the research and development of new

technology and new ideas in the production and treatme nt of

wate r, in distribution ilnd disposal networks, wl ter desalination

and poliShing, sewage treatment disposal and re-use, plant,

tra nspon and eq uipment, wate r re$OUllZS manage ment and water

catchme nt manageme nt.

(4) For the purpose o f any of ilS (unctions, the Corporation

may. subject to the provisions of this Act: -

(a) acquire. construct. reconstruct, maintain and operate

any installation;

(b) acquire any propcny which the Corpora!ion consi~rs

necessary o r expedient for the purposes of ~structm~, cxtend~g

o r mai ntai nin g any installation or otherwIse C3 Tf)'1ng o ut lIS

functions ulKk r this Act;

(c) do all acts and things necessary for the purpose of

carrying out its functions under th is Act

provided that the

ope ning and breaking up of the su rface of any street for any of

the purposes aforesaid shall not be unde naken without the

approval of the Director of Wo rks ;

(d) carry on. wh ether as pri ncipal or as agent or as a

contractor, or in collaboration with any other person or JlCrsons. all

such other aClivi ties as may appear to the Corporation requisite.

advantageous or convenient to be carried out for or in connection

with the performance of a ny of its functions under this Act or in

order to ma ke the best use o f the assets of the Corporalion;

(e) make regulations and o rders in accordance with the

provisions of this Act;

(f) exercise any othe r power vested 10 it by this Act or

ot herwise.

(S) In canying out any of ilS functions under this Act, or

any o ther thin g or activity. the Corporation shall conform its policies

and activities with the aims and ob)ectivcs of na tional economic

planning from time to lime in force.

.,. tt_ . . .",

4. (I) The Corpora tion shall be a body corporate having a

disti nct legal personali ty and shall be capab le. subject to the provisions

of this Act. or e ntering into contracts. of acqui ring, holding and

disposing of any kind of propeny or rights for the purposes of its

functions, o f sui ng and being sued. and of doing all such things and

entering into all such transactions as are conducive or incidental to the

exe rcise or performance of its functions under this Act.

(2) The legal representation of the Corporation shall vest in

the Chainnan o r in such other member or members of the Board of

Directors as the Board may by resolu tion designate. Any such

resolution shall be published io the G overnme nt Gazette as soon as may

be after approval and shall not have effect until it is 50 published

Provided that the Board may delega te any of its powers 10 any

of its members or 10 an y of ilSofficersOT!;Crvants and ma y authorise any

such person 10 appear OD any cont ract. deed or o tbe r instrument for or

on behalf of the Corporat ion Dnd 10 sign for or on its beha lf any such

contl1lct, deed o r instrument , as well 115 ony other document, including

cheques and bills of c lch ange and the Board may also radfy and accept

any thing done for and on its behalf without such authorit y.

S. (I) T1K:re sha ll be a Board of the Corporat ion, hereinafter

referred to as the Board, which shall be respolJ5ible for the fonnulation

o f the policy of the Corporation and to whom th e Chief Executive

shall be responsible for the general administration of the affain a nd

busi ness of the Corporation.

(2) The Board shalt consist o f not more than nin e membe rs.

One of the members shall be elected by secret ballot by and from

amongst the employees of the Corporation woo are eligible to vote in

accordance with regulations made under section 60fthlS Act ; the other

memben o f the Board , hereinafter referred to as the appointed

members , shall be appointed by the Minister.

(3) The Minister shall designate ODe of lhe appointed

memben as Chainna n and anothe r such member as Depu ly Chairman.

The Deputy Chairman shalt have all the powcrs and perform all the

functions o f the Chairman during his absence or until a new Chairman

has been appointed foUowing the resignation , termination of appoint-

me nt or death of tbe Cbairman.

(4) The Chairm an and all the other appointed mem bers 01

the Board shall be appoinled by the Minister from amongst persons,

appearing to him to have had experience, and shown capacity, in

man ers relating to wate r technology, or wate r o r waste water

management, or the o rganisation of wo rke rs , or of finance or

administration. and after having taken regard of their exr.rience and

familiarity with the requi remen ts and ci rcumstances 0 agricul ture,

industry , commerce and tourism and with mallers relaled to the

conservation of the environment and the developme nt of public

ame nities.

The members shall receive out of the funds of the Corporation

5lICb remuneration as the Minister may from lime 10 time detennine.

(5) Subject to the provisions of Ihis Act , and to any

directions of Ihe Board, the executive conduct of the Corporation, its

administratio n and o rga nisation and the adm inistrative cont rol of its

officers and other employees shall be the responsibility of Ihe Chief

Executive oflhe Corporation, who shall also have such ol he r powers as

may from time 10 tim e be delegated to him by the Board.

The Chief Executive shall be notified of and shall have the

right to attend and be heard at all meetings of the Board. He shall not.

howeve r, have a VOle or be counted for the purpose of const ituting a

quorum.

(6) The provisions of the Criminal Code in resp«t of public

office rs or servants shall apply to the Members of the Board, the Chief

Execu tive and all oth er officers and employees of the Corporation.

6. The Minister may make regulations for giving effed to the

provisions of this Act rega rding the election of the membcrofthe Board

to be c:lected by ilS em ployees and in particular but without prejudice to

the generality of the provision of the foregoing , any regul ation may:-

(a) prov ide fo r holding the c:lCCl ions. and forthe co nduct and

supervision t hereof

(b) prescribe the category of workers woo mayor may not

vote or stand for e lection to the Board;

(c) detennine the period for which a worker shall be so

elected

(d) prescribe the ci rcumsta nces wherein a member shall

vacate his office

(e) determine the lime for holding an election afte r a

vacancy

(I) prescribe anything in respect of any ot he r ma tter relating

to such election as the Minist er may deem necessary or expedient.

7. Subject to the provisions of scctions 8 and 10 of this Act , the o..raliooIot

appointed members of the Board shall hold office for such period and on

such te rms and conditions as the Minister may deem appropriate ; and a Diu<ton.

member shall, on ceasing to be a member , be e ligibile for

reappointment or re·election as the case may be

Proridc:d t ha t t~e Min ister ma y at any lime term inate the

.

appoIntme nt ~f any .a ppolllt e.d me.m ber of the Board if. in his opinion,

such mem ber IS u~flt t? cont.lIlue III office or has become incapab le of

properly pcrfonnlllg hIS duues as a member of the Board or fails to

attend the meetings of the Board without reasonable cause for at leas!

three successive meetings.

8. A person shall be disqualified for appoi ntme nt or election 10, DioqlNlli6mtiooo

or for remaining a member o f, the Board if he:-

(a)

is a member of the House of Representatives, or

(b)

is legally incapacitated. or

(c) under the law of any country hasbcen adjudged bankrupt

or has made II composition or arrnngemcnt with his creditors. or

(d) has been co nvicted of a cri me affecting public trust or

theft o r fraud o r of knowingly receiving propen ~ obtai ned by th eft

o r fraud, or

(e)

has any finallCial or othe r interest in any e nte rprise or

activity as is likely to affect prej udicially Ihe discharge by him o f his

functions as 11 member or lhe Board.

9. Any membe r who has a d irect o r indirect interest in any

contract made o r proposed to be made by lhe Corporation, 001 being an

inte rest which disqualifi es such member from remaining 11 member.

shall disclose the nat ure of his interest al the fil'$t meeti ng of the Board

afte r the relevant facts have come 10 his knowl edge, and after the

discloliure has been recorded in the minUl es of the Board, that me mber

shall withdraw from any mee ting at which such contract is discussed or

decided on by th e Board.

10. (I ) A member of the Board may resign his office by letter

addressed to the Minister.

(2) The appoi ntment orelcction of any person as me mber of

the Board and the term ination of office of any such me mbe r shall be

not ified in the Government Gazette .

11. (I ) (a) The Board shall meet as often as may be necessary

or expedie nt , but in no cast less freqllt'ntl y than once every three

mon ths. The mectings ofth t Board shall becalled by the Chai rman

either on his own initiative o r at the request of a ny two of the other

members.

(b) Without prejudice to the other requ irements of this

Act no decision shall be valid which is not supported by at least two

members of the Board o r which is taken at a meeting of the Board

at which the Chairman , or in his absence the Depu ty Chairman, is

not present.

(2) Half the num be r of members for the time being

constituting the Board shall fo rm a quorum at any mee ting. Decisions

shall be adopted by a simple majorit y of the. votes of ~e~bers prese nt.

In the event of an equality of votes. the Ch3lrman. or m hIS absence the

Deputy Chairman, shall have and exercise a second or casling vote.

(3) Minut es mu st be kept of the proceedings of the Board

and of any committee thereof.

(4) Subject to the provisions of Ihis Act, the Board may

regulate its own procedure.

12. (I) Subject to the provisions of section 11 of this Act. no aCI

or proceeding of the Board sha ll be inva lidated me rely by reason of a ny

vacancy among the members.

(2) All aru done by any person acting in good faith as a

member of the Board shall be ~alid as if he were a member ,

notwithstanding th at some defect in his appoin tment or qualification be

afterwards disrove red . No act or proceeding of the Boa rd shall be

questioned on the ground of the contravention by a member of the

provisio ns of section 9 of this Act.

13. Subject 10 the provisions of the Constitution and o f any other 5 .. 11

enactment applicable thereto, the appointment of officia ls and ot he r ~''''''"'''

employees of the Corporation shall be made by the Board. The terms

and conditions of employme nt shall be comparable with tl105C

of employees in the se rvice of the Government and shall be established

by the Board with the ooDCurrence of the MinislI:r.

Nothing in Ihis section shaD be construed as precluding the

establishment. by the Cmporation with the approyal of the Minister

given after consultation with the Min iste r responsible fo r fina llCC. of

schemes o f illCCntivcs related to productivity or perfonnallCC.

The Corporation shall make provision for improving the skill [~Ibe

14. of pe l~.mS employed by it and in doing so shall comply with any scheme >kill, of

for training and education in force under paragraph (k) of subsection (3) . mpioye ...

of section 3 oft hi ~ Act.

15. Th e Minister may in relation to matt en that appear to him to "","""of,l><

affect the publ ic interest. from time to time give to the Boa rd directions Miniotc,"

in writing of a general chancter. not inconsistent with the provisions of ~.:::~

this Act , on the policy to be followed in the carrying out oflhe functions

vested in the Corporation by or unde r this Act, and the Board shall give

effect to all such directions as soon as practicable.

16. The Board shall afford to the Minister facilitics for obtaining

infonnation with rcspcct 10 the property and activit ies or prospective

activities of the Corporat ion and furnish him with returns. accoun ts and

other information with respect thereto. and afford him facilities for the

verification of information furnished. in such manner and at such times

as he may reasonably require.

11. The Corporation shall be exempt from any liability for the E...mpl;""

payment of customs dut y and stamp duty under any law for Ihe time

,~

, .... i<>II.

being in force.

18. (I) (a) Subject to the provisions of this Act and to any Du';""" ...

di rections give n the reundcr. the Corporation shall. in so rar as it is Cooponr'i<>II

in I<La,;,." to

able to do 00: -

-,.

~-.

(i) supply water 10 such per.;ons. in such manner and

under such conditions as. in Ihe opinion o f the Board . arc

calculated to satisfy reasonable demands for water;

(ii) take such sleps from lime to time as may be

necessa ry for ascertaining the sufficiency. pressure and

wholesomeness of water supplics;

(iii) ta ke all such actions as it may from li me to lime

cunside r nCCC$sary or expedient for the purpose of conserving,

redistributing or o therwise augme nting water resources and of

securil'lg the proper use of water resources.

(b) The reference in this subsection Inaction for the pU rpo!ie

o f augme nting water resources includes a reference 10 actio n for

the pu rpose of treat ing sal t wa ter by any process fo r removing salt

o r othe r impurities, or making use o f the mOSt appropria te

le<:hJK)logy for suppkmenting the nat ural water resources.

(2) Wi th the a ut horit)' of the awopria le Minister, the

Corpo ration shall have the right. In order to mai nt ain or 10 imp rove the

water supply o f these islands, 10 e nter llpon and survey any land. 10

inspect any well and to ca use the sin king of ooresoT ot her worn for the

purpose of ascen aini llg the lIature of the subsoil o r the prese nce , q uali ty

(H" '1ua ntity Qf undergr()tlnd water in it and tQ cause the sinki ng Qf shafts

in and the drivi ng of subterranea n galleries through the lands of any

person by such means as may see m 10 it beSI suited for Ihe purpose . The

O:lrporation shall in the exercise o f the rights under this subsection

make good any dam ages it may cause 10 Ihird parties.

(3) The O:lrporation must , subject to the provisions of Ihis

Act and wi lh thc approval of the Ministe r. provide techn ical assistance

to owners o f teneme nts desi rous o f si nking wells. drivi ng galleries.

co nstructing conduits or otherwise improvi ng the wate r supply in their

te nemen ts.

(4) (a) Th e O:lrporation may reduce as it thin ks fit the

quan tity of wate r supplied to any consume r. if. by reason of any

un foreseen circumsta nces beyond the control of the Iloard. it

appears thal the supply of wate r is insufficient to enable the full

quantity to be conve nien tl y su pplied.

(b)

Whe re:-

(i) the supply of water to specified premises is

insufficicn t or unwholesome to the e xten t of causi ng a dange r

to healt h. and

(ii) a supply of whol esome wate r by the Corporation

for domestic purposes is requi red for these premises and it is

not practicable to provide such a supply in pipes. but is

practicable to provide such a supply o therwise. at a reasonable

= •.

it shall be the du ty of thc Corporation to prO\'ide a supply of

wholesome wate r otherwise than in pipe5 for domestic purposes 10

Ihose premises.

(c) Where the quant ity o f water supplied has been

rcdueed as afore said in this section. no liabi lity shall be incurred by

the O:lrporalio n in respect of any loss o r da mage caused by such

reduction.

19. Subject 10 the provisions of thi s Act and 10 any directions

Corpon'ion

given the re under . the Corporation shall in so far as it is 'lble so to do :-

in r~l .. ion

to .... pro"<ioion

(.) provide a public sewe r system 10 be used for the drainage 01 .... "11<

.l<mo...

o f domestic sewage;

(b) take such steps from time 10 (imeas may be necessary for

ascc rl ai ning the cleanli ness, safely and efficiency o f public sewers;

(c) take all actions as il may from lime to time consider

necessa ry or expedie nt for augmenting and improvi ng the means of

disposal and the ways of treat ing the conten ts of public sewers;

(d ) lake such steps from time to lime as may be nc~s~ry for

ensuring th e safe disch arge, reception. treal ment and di sposal of

trade emuenl;

(c) la ke all actions as it may from time 10 lim e consider

necessary to encourage the rc-use of treated e ffluent

(f) to carry O\It tests and to make regu lalioM re la.ting to

waste and sewage connections for the purpose of ensunng the

prope r and fit disposal o f waste water and sewage;

(g) lake all actions necessary o r ex ped ie nt to re-use

storm water run-off as appropriate.

20. ( I) Where written complaint is made to Ihe Ministe r that DdauII

the Corporation has failed -

(a ) to give an adequate supply of wat er, either as respects

quantity or quality , or 10 give any supply which it has bee n lawfully

required to give; or

(b) to tak e such steps as are reasonably pract icable for the

purpose of remedyi ng any such failure ; or

(c) to do anything which it is required to do by or under

this Act;

and where the Ministe r is of lbe opinion that an invesdgalion should be

made 115 10 whether the Coqxmltioo has failed in any of these matters.

he may cause an inquiry to be held inlo the matter.

(2) If afte r such an inquiry has been held il appean to the

Ministe r that there has been such a failure, as is refe rred to in su bscction

of th is sedion, he may make an order declaring the Corporation

to be in default and direding it to remedy the default and to discharge

or

such

its functions in such manner and within such time o r times as

may he specified in the order.

21. (I) The Corporation shall not he li abl e fo r Rny da mage to u.nit>gf

any perso n or a ny property relatin g to installation of the supply of Uabitdy .

water which may be due to unavoida ble accide nt , fai r wear IInd tear

or to unautoorised connectio n of wate r fittings or to defects in any

installation not provi ded by the Corporation .

(2) Without prejudice to the provisions of subsection (2) of

section 18, the Corporation is nOl liable, in the absence of negligence

and subject \0 the provisions of this Ad. for any nuisanttor any damage

attributable 10 the performance of a duty imposed by this A ct.

(3) The Corporation is not liable in particular for any

nuisance or damage caused by nooding arising from Ihe acti<ln of

nalUraUy occu rri ng storms. groundwate r or the action of the sea.

22. (1) The provisions of the Schedule of Ihis Act shall have

effect wit h respect to Ihe ope rat ion by the Corporation of me ter-

reading, account keeping and bill collecting se rvice com mon to. and

in the joint inte rest of, the Corpo ration and Enemalta and \0 tilt

exe rcise and perfonnance by the Corporation on behalf of Enemalla

of such functions as arc o r as may from time to time be lawfully vested

in relation to the acts and matters specified in pa ragraph 1 of the said

Schedule.

(2) If, after consu ltation with the Corporation and with

Enemalta, th e Minister is satisfied th at it is no longer necessary or

ClIpc:dien t for such joint service to be main tained as aforesaid. he may

by o rder revoke the Schedule to this Act. and any agree men t ente red

into between the Corporation and Enemaha in pursuance of paragraph

6 of that Schedule o r kept in force under this Act as if it had been so

en tered in to (hereinafte r in this section re ferred to as Mthe agreement

H

)

shall thereupon cease to have effect.

(3) The Minister may from ti me to time. with the

ooncurrence of the Corporation and of Enemaha. by order vary the

provisions of the Schedule 10 this Act to such eXle nt a nd in such manne r

as the Minister may determine; and as from such date on which any

such ord er comes inlo fo rce the provisions ofthe agreement shall have

effect subject to such modifICations as may be necessary 10 prevent

any inconsistency be tween the provisions of the agreement and the

provisions of the said Schedule as varied by such orde r,

(4) Any order made under this section may contain such

lransitotial , supplementary and incidental provisions as the Minister.

after co nsultation wit h, or with the concurrence of the Corporation

and Enemalta. may deem 10 be necessary or expedient for the purpose

of the o rder.

PART 111

FinaDdal provisions

23. ( I) The Corporation may, with the approval in writing of

the Minister give n afte r consultation wilh Ihe Ministe r responsible for

finance, borrow, secu re or raise money bydebcntures.debcnlure stock,

or other securily. for any onc o r more of the following purposes of the

Corporation:-

(a)

th e provision of workin g capital;

(b) the carrying out o f the functions of the Corporation

under this Act;

(c) the provision of capi tal for the expansion of and addition

10 th e fixed asscu of the Corporation ;

(d) the redemptio n of any debentu res o r debenture stock or

Olher security that the Corporat ion is required or entitled 10

redeem

(c) any olhe r expenditure prope rly chargeable to capital

account.

(2) The Corpora liOll may. from tilTH: lolime. borrow by way

of overdrd, or otherwise, for periods not eJlceeding twelve months,

suclJ su ms as the Boa rd may require fOl'"carrying ou l its functions under

this Act

Provided Ihat for any amount in excess of two hundred

thou sand Maltese liri, th ere sllall be required the approva l in writing of

Ihe Mini ster.

14. (1) Wheneve r il may be necessary for tile Corporation 10

oonow by way of advances from the Governme nt any sums which may

be required for carrying out any of the functions of the Corporation

under this Act , the Minister responsi ble for finance after consultation

with the Minister may , by warrant unde r his hand and without further

appropriation other than this Act , authorise the Accountant General to

make advances 10 Ihe Corporation either out of the proceeds of any loan

contracted or raised for the purpose: or out of the Consolidated Fund;

and such advances shall be made on such teons and conditions as the

Minister responsible for finance may direct.

(2) The Ministe r responsible for finance may. for any of the

req uirements of the Corporation of a capi lal nature , contract o r raise

loans, or incur liabilities. for suc h periods and on such terms and

conditions as he may deem appropriate; and any sum due in respect

of or in connection wilh any such loan Of" liability shall be a charge on

the CollliOlidated Fund.

(3) Notice of any loans, liabilities o r advances made o r

incurred unde r the foregoin g provisions of this section shall be give n 10

the House of Representatives as soon as practicable .

(4) Pending the raising of any such loan as is mentio ned in

subsection (2) of· this sectio n or for the p urposes of providing the

Corporat ion wi th working capital lhe Minister responsible for finance

may. by warran t under his hand and without funher appro priation other

than this Act , authorise the Accountant General to make advances o ul

of the TreasuryOearance Fund 10 the Corporation under such termsas

shall be specified by the said Ministe r upon lhe making thereof.

(5 ) Sums received by the Accountant General fmm the

Corporation in respect of advances made \0 the Corporation under

subsection (4) of Ihis section shall be paid , as respects amounts recei\1:d

by way of repayment into the Treasury Clearance Fund. and. as respects

amoun ts received by way of interest. ;1110 the Co nsolidated Fund.

25. (1) The reve nue of the Corporalion for any financial year

shall be applied in defraying Ihe following cha rges:-

(a)

the remuneration, fees and allowances o f the members

of the Board ;

(b) the salaries or wages , fees, remuneration , pensions,

superannuation allowances, gratuities and other allowances

of the officers. e mployees, agents and technical or other

advisers of the Corporation, and payments for the maintenance of

any pension sche me or other scheme established under the

provisions of this Act , and any paymen t to the Gove rnment on

account of pe nsions or gratuit ies under section 39 or 40 of this Act ;

(c) the establishment and worldng expenses and expenditure

on , or the provision for, the mainlenaoce of a ny of the installations

of the Corporation, and the discharge of the functions of the

Corporation properly chargeable to revenue account ;

(d) interest on any debentu res, debe nture stock or other

security issued , interest on an y overdraft and on any loan, raisedor

advances received by the Corporatio n;

(e) sums required to be transferred to a sinking fund o r

otherwise set aside for the purpose of making provision for the

redemption of debentu res or debe ntu re slock or other security o r

fo r the repayment of other borrowed money;

(0 such sums as may be deemed appropriate to be se t aside

,n respect of depreciation on the propeny of the Corporatio n

having regard to the amount se t aside o ut of reve nue unde r

paragraph (e) of this subsection ;

(g) the payment of any other expenditure approved by the

Board and properly cha rgeable to revenue account.

(2) Subject to such dircctions as thc Mi nister, aft er

consultation with the Minister respon sible for finance , may from lime to

lime give, any excess of revenue over e lpenditure shall be applied by

the Corporation to the creation of reser~e funds to finance future

expansion OflheCorporation; and wil~out prcju,dice \0 th ~ gen,crali! y of

the powers given 10 the Ministe r by Ihls subsectIOn , any dne('\lOn gIven

by the Minister as aforesaid. any pan of such excess ma y be transfe rred

10 th e Government , or may be applied in such manne r as may be

specified in the direction.

Any funds o f the Corporation not immediately required to be

26. e~pended in the meeting of any obl igations or the carryi ng out o f any

functions of th e Corporation may be in~ested from li me 10 lime in sueh

manner as may be approved by the Ministe r responsible for finance.

27. (I) The fees to be charged by the Corporation for any

service or faci lity provided or for rights made available by il shall be in

accordance wi th such tariffs and sc hemes as may, from lime to lime, be

prescribed.

(2) Nothing in subsection (I) of this section or in any such

tariffs as aforesaid shall prevent the Corporation from charging other

fees by special agreement.

(3) In prescribing tariffs and e ntering into ag.reements

relating to fees to be paid for water, facili ties provided or rightS made

available by it and all rdated services. the Corporat ion shall ensure

that Ihe fees charged arc adequate to provide sufficien t revenue in any

financial year;-

(a) to cover operating npenses and to make provision for

adequate maintenan«. for depreciation , fo r inte rest payments on

borrowings and fo r OIher in terest paymenlS;

(b) to meet periodie repaymenlS on long te rm indcbtedl}C"SS

10 Ihe eXlenl that any such repayments (':lfcced the provision for

depreciation : and

(c) to create reserves to finance a reasonable part o r the cost

of future expansion. being (':lfpcnscs. repayments and reserves

incurred or made by tne Corporation in the exe rcise of ilS

functions.

and any suc h tariffs and agrC1: ments shall not give undue preference as

between consumers in similar circu mSlances or discriminat ing between

persons in similar circumstances as to the supply or service provided and

any other circumstance which could justify a preferential or

discriminatory treatme nt.

(4) The tariffs to be charged by the Corpo ration shall be ill

accordance with su~h rates as Ihe Corporat ion, with the approval of

the Millister, may from time to time dClcnni ne.

28. (I ) The Corporation shall in e~e ry financial yea r eausc to be Esoimo'a of

pre pared. and shall not late r tha n six wee ks before the end of each such ,be Corpor>';"".

year adopt. estimates of the incomes and npenditure of the Water

Services Corporation for the next following fi nancial year.

(2) The estim ates shall be made Olll in sllcll form and shall

contain sllCh information and such comparisons with previous years as

the Minister shall direct.

(3) A oop~ of the estimates of the Corporation ~hall upon

thei r adoption by the Board be scnt fonhwilh by the Board 10 the

appropriate Minister together with a report of the activities of the

Corporation during the previous finallCial year .

(4) The Minister shall , at the earliest opportun ity and not

later than the first sitting of the House afte r four weeks from the receipt

of the copyofthc estimates and report of the Corporation refe rred to in

subsection (3) o f thisscclion, cause such estimates and report 10 be laid

before the House of Represen tatives together wi th a motion that the

House approve the said estimates. Not more than IWO siuings shall be

aUolted for th e debate in the H ouse on such a motion; and both the

motion and th e approva l of the estimates by the H ouse may be wilh or

withoul amendmenlS to the estim ates.

(5) No expendicure ~hall be made or incurred by the

Corporation th at has not bet:: n approved by the House o f

Representatives:-

Provided that : -

(a) unt il th e expiration of six mon ths from the beginning

of a financial year or until the approval of the esti mates for that

year by the House, whichever is the earlier date. the

Corporation may makeor incur expenditure for carrying on ils

functjons under Ihis Act not exceedi ng in the aggregat e one-

half o f the amount approved for the preceding financial year;

(b) expendi ture approved in respect of a head Of

subhead of the estimates may , with tile approval of the

Minister. be incurred in respect of anothe r head or subhead of

the estimates;

(c) if in respect of any financial year it is found that the

amount approvtd by the House is not sufficient o r a need has

arisen for expenditure fo r a purpose nOI provided for in the

estimates, the 8oaro may adopt supplementary estimates for

approval by the House, and pending such approval may in

special circumstances and with Ihe approval of the Ministe r,

incur the relat ive expenditure; moreover in such case the

provi sio ns of this Act applicable to the estimate s sha ll as soon

as praaicable apply to t he suppl ementary est ima tes

I'rovided further that in respect oft he first financial year of the

Curporation this section shall apply as if it required the Board to adopt

estimates fOf that year not late r Ihan twelve weeks from the appointed

day. and as if, until the approval of the est imates for that year by the

House, and subject to the total expenditure for that yea r not exceedi ng

the amount approved by the House, no limits were placed on the powe r

o f the Corporation to make or incu r expenditure.

(6) All estimates and supplementary estimates approved by

the House shall. as soon as practicable. be published in th e Go~c rnm e nt

Gazett e.

(7) This section shall apply to the fi nt and subsequent

financial years.

29. (I) The Corporation shall cause to be kept proper accounts

AOCOUnl>

and • ...tit.

and othe r records in respect of its operations. and shall cause to be

prepared an in teri m stateme nt of account for the seoond period of six

months in respect of each financial year, togctller with a statement of

account cove ring tile whole financial year and giving a true and fair

view of its state of affai n .

(2) The accounts of the Corporation shall be audited by an

audi tor or audi ton to be appointed by it and approved by the Minister

Provided that the Min ister may require Ihe books and

accounts of the CorporaliOll to be audited o r examined by tile Director

of Audi t who shall for Ihis purpose have powe r to ta rry ou t such physical

chec king and other verificatio ns as he may deem necessary.

(3) The inte rim state ment of account in resped of the finl

period of six months of each fi nancial yea r. duly audi ted, shall be

adopted by th e Board not later than Sill wee ks after th e end of such

period and shall be transmitted fo rthwi th to Ihe Minillter toge the r with a

copy of an y report made by the auditor or auditonon that sta tement or

on the accoun t of th e Corporation.

(4) The sta temen t of accoun t in respect of the second period

of six months of eat h financial year together with the stateme nt of

ao:ou nt in respe<:t of the whol e financial year, both duly audited, shall

be adopted by the Board nOl later Ih an ten weeb after the end of the

financial year and shall be transmitted forthwith to the Ministe r

togetller with a copy of any report made by the auditor o r audi ton on

those stateme nts or on the accounts of the Corporatio n.

(5) Before the end of each financial year. the Minister shall

cause to be laid on the Table of the House of Represent alives,together

wit h the motions laid before the House under se<:tion Z8 of this Act, a

copy of the followi ng:-

(a) the interi m state ment of account and any report in

resped of the fi n t six months of the curren t financial year

(b) the sta te ment of account and any report in rcspe<:t of

the se<:ond six months or lhe immediately preceding financial year;

"d

(c) the statement of account and any report in respect of

the immediately precWing full financial year.

30. (I) All moneys of the Corporatio n aocruing from. any

operations unde r this Act shall be pa id into a bank .o~ banks appolllted

by reso lutio n of the Board and approved by the MlIllste r. Such money

sllall as far as practicable . be paid inl o that bank from day to day , except

ro r such sum as the Board may auth orise to be retaincd 10 meet pett y

di sburseme nts and immediate payments.

(2) All paymcnlsout ofl he funds of the Corporation, exce pt

ptlt)' disbursements not exceedingasum to be fixed by the Board, d1all

be made by such office r o r officers o f tbe CofllORltion as the Board shall

appoint or designate for that purpose.

(3) Cheques against or withdrawals (rom any bank account

o f the Corponi ion shall be signed by such officer of the Corporation as

may be designated by the Board for that purpose and shall be

countersigned by the Cbairman or such other member of the Board or

oth er officer of the Corporation as may have bee n authorised by the

Board for that purpose .

(4) The Corporation shall also provide for all maller.;

necessary for the proper keeping and control of its accounts and books

and fo r control of its finances.

JI. The Board shall, not later than six weeks before the end of

e ach financial year, make and Iransmillo the Mini5l1:r a rcporl dealing

generally with the activities of the Corporation d urin g that year and

containing such informat;on relating to the proceedings and policy of

the Corporation as the Min iste r may from time to time require . Such

report shall be transmilted to the Minister and laid before the House as

provided in section 28 of this Act.

PART IV

T ... nsft-r 10 Ibt Corpontion ofGovt-rnrmnl Undtrtaki ngs

32. (1) With effect from the appointed day all public

unde rtakings shall, by ~irtue of this Act , and without further assurance .

be Innsfened 10. and shall vest in. the Corporation under the sa me title

by which they were held by the Go~ernment immediate ly before that

day .

(2) Such transfer shall exle nd to tbe whole o f such pu blic

undertakings and shall inclutle all plant, lands, wo rks and o ther

property movable or immovable , assets, powers. rights , privileges and

causes of action held or enjoyed in connectionlhere ..... ith or appertaining

thereto.

JJ. Subject to the provisions of th is Act , all laws, rules,

regulations, orders, judgemenl.S, documents, wanants and working

arran~ements, subsi sting immedi3tely before the appointed d3Y,

affectmg any of the transferred unde rtakings shall have full force and

effect against or in fa~our of the Corporat;on a nd shall be e nforceable as

fully and effectually as if. instead o f the Government. the Corporation

had bee n named therein or had been a party thereto, as the case may be.

34. ( I) Where anything has been commenced by or under tbe

authority of the Government prior 10 the appointed day and such thing

is in relation to any of th e transferred undertakings or any right o r

liability transferred by o r under this Act . such thing may be ca rried o n

and completed by or unde r the aut hori ty of the Corporation.

(2) Where at the appointed day any legal proceeding is

pending to wh ich the Gove rn me nt is a party o r is entitled to be a party.

and such proceedi ng has reference to any of the transferred

undert akings or a ny right or liabili ty transfe rred by o r under this Act.

the Corporat ion shall be §ubstiM ed in SIKh proc«ding for the

Gove rn ment or shall be entit led 10 be so substituted.

(3) The Ministe r may by order ma ke such inci de nt al.

conseq uential and suppleme ntal provisions as may be necessary or

ex pedient for tbe purpose o f secu ring and givi ng full effect to the

transfe r of any unde rt aking or an)' right or liability to the Corporation

by or unde r this Act and may mak e such orders as may be necessary to

make any powers and duties exercised by the Gove rnment. in relat ion

to a ny of the transferred undertakings. exercisable by and on behalf of

the Corporatio n.

.-.

_ - .

35. (I) As soon as practicable after the commenceme nt of this o.a'ioIo cl

Ad. tbe Board shall create and issue in favour of the Gove rn ment. in

respect of the ne t value o f the assets transferred to tbe Board by the

Government unde r the provisions of this Act. perma nent debenture ra_of

stock bearing int erest at six per centu m a year payable at such times and the Go¥o", .......

unde r such condit ions as shall be agreed to be tween the Gove rnme nt

and th e Board.

(2) The said net value shall be agreed upon be[Ween the

Government and the Board.

PART V

Offkt.ff aftd Other Employees of the Corporalklo

36. The Corporation shall appoin t and employ at such

re mu neration and upon such te rms a nd conditions as it may, III

accordance wi th section 13 of th is Act. determ ine , such officers and

other employees as may from time to time be necessary for the due and

efficient discha rge o f its functions

Provided that the Chief Execu tive shall be se lected and

appoin ted with the approval of the Min iste r.

37. (I) Subject 10 the approv al of Ihe Min ister. and so fa r as s..". .. nn .. ,"",

consistent with the provisions of this Part rel ating to pu blic officers who o<hcme& .• tc.

",,',,-

accept permancnt employme nt with the Corporat ion and to other 1lIOd ... ~

Governme nt e mployees transferred to the service o f the Corporation. .~

the Corporation may establish a sche me or schemes for the payment of c-,o. ......

superannu ation allowances. pensions or grat uities to o ffKers and

e mployees of the Corporation who retire fro m its se rvice o r otherwise

cease to ho ld offi ce with it by re ason o f age. or of infirmit y of body or

mi nd, or of abolition of office.

(2) No assuran<:e 011 the life of a ny contri butor under any

such scheme, and no moneys o r o ther benefils payable under any such

assurance. and no pension . gra tuity or o the r allowance granted under

any such scheme 10 any person who has been employed by the

Corporatio n, shan be assignab le o r transferable , or lia ble 10 be allached

o r seized for o r in resped of any de bt or claim whatsoeve r. othe r than a

debt due 10 the Corporation .

38. ( I ) Such public o ffw::er5, e mployed in the Water Works

Departme nt or such othe r departme nts of Gove rnme nt whose functio ns

are fmm lime to time transfe rred to the Col'JXlralioo, im mediately

be fore the comi ng into force of th is section in relation 10 such

depa rt ment , as the Pri me Minister sha ll direct . shall as rrom the date

specified in the d ire<:tioo, be detailed for duty with the Corporation in

such ca paci ty as may be specified in the Prime Min ister's d irection.

(2) Any direction given by the Pri me Min iste r befo~ the

date of the coming in to force o f this section for the purpose of detailing

any such officers as aforesaid for duty with the Corporation as aforesaid

shall be of the same e ffect and validi ty lIS it would have had , had such

direction bee n given afte r such date.

(3) The Prime Minister may also , at the request of the

Corporation , from time to dme direct th at any public officer shall be

detailed for duty with the Corporatio n in such capacity and with effect

fro m such date as may be specified in the Prime Minister's di ~ct ion .

(4) The period du ring which a d irectioo give n unde r the

preceding provisions of this section shall apply to any officer specified

there in , shall , unless the o ffice r dies, or re tires from the public service ,

or othe rwise ceases to bold offICe at an earlier date , or unless a different

pe riod is specified in such d ire<:tion . e nd on the happeni ng o f any o f

the following e ve nts . that is 10 s.ay;-

(a) the acccptantt by such office r o f an orrer o f transfe r to

the service: of. and penn ane nt employ me nt wit h the Corporation

made in acoordantt with the provisions of section 400f Ihis Act; o r -

(b) the revocatioA o f such direct ion by the Pri me Minister, in

rdatio n to such o ffice r.

(5) Where a direction given by the Prime Minister unde r any

of the subsect ions (I ) . (2)or (3) hereof is revoked by the Pri me Minister

in rela tion 10 any offICer, the Prime Minister may, by furthe r direction.

de tail such officer for du ty wi th the Corporation in such capaci ty and

wi th effect from such date as may be speci fied in the Prime Minister's

direct ion . and the provisions of subsection (4) of this sectio n shall

thereupon apply to the period of duration of any s.uch fun her direction

in relation to such o ffice r.

39. ( I ) Whe re any o ffice r is deta iled for du ty with the

Corporat ion by any direct ion give n under the provisions of section 38 0 f

this Act. such officer shall . du ring the time in which such direct ion has

effect in relatio n to him be under the ad ministrative aut hority and

control of the Co rporat ion but he sha ll for all ot he r inten tsand purposes

remain and be conside red and treated as a public offi cer.

(2) Witho ut prejudice to Ihe ge llcrality o f the foregoing . an

officer detai led for dUly as aforesaid:-

(3) shall not during the time in respect of which he is so

detailed:-

(i) be precluded from applyi ng for 11 transfer to 11

depanment of the Government in accordance with the lenns

and conditions of service attached 10 the appointment under

Ihe Govern ment held by him at a date on which he is so

detailed for dUly ; or

(ii) be so employed that his remunerat;on and

condi tions of service are less favourable th an those whk h are

attached 10 the appointment under the Government hdd by

him al the date aforesaid or which wou ld have become

allachcd 10 such appointment, du ring the said period, had

such officer not been detailcd for duty with Ihe Corporation

(b) shall be enti lled 10 have hi s service will! th e Corporat ion

considered as service with the Government (orllle purposes of any

pension, gratuity or benefit under the Pensions Ordinance: and the Cop. " .

Widows' and Orphans' Pensions At t and of any othc r right or Cop, ~.

privilege to which he would be enti tled, and li able toany liability to

which he would be liable, but for th e fact of his being·detailed for

duly with the Corporation.

(3) Where an application is made as provided in

subparagraph (i) of paragraph (a) of subsection (2) of this section the

same considerati on shall be given thereto as if the applicant had not

been detailed fo r service with the Corporation.

(4) The Corporation shall pay 10 the Gove rnment such

contributions as may from time to time be determi ned by Ihe Minister

responsible for finance in respect of the 0061 of pensions and gratuities

earned by an offlCCr detailed for duty wi th the Corporation aforesaid

during the period in which he is so detailed.

40. (I) The Corporation may , wi th the approval of tne Prime 011 .. 01

Ministe r and upon such terms and conditions in accordance with sect ion

13 of this Act . offer to any o rfice r de tailed fo r duty wi th the Corporation

under any of th e provisio ns of section 38 of this Act permanent

e mployment with the Corporat ion at a remunerati on and on terms and

condi tions not less favourable than those e ntoyed by such officer at the

dat e of such oUer.

(2) The terms and conditio ns com prised in any offer made as

aforesaid shall nOt be deemed to be less favourable me re ly because they

an: not in all respects identical with or superior to tOOse enjoyed by the

officcrconcemed at the date ofsucn offer. if such terms and conditions.

tak e n as a who le, in the opi nion o f Ihe Prime Minister , o ffer

su/>5lanlially equivalent o r grea ter benefits.

(3) Eve ry officer who accepts permanent employment with

lhe Corporation offered 10 him under the provisions of subsection ( I)of

this section shall, for all purposes other than those of the Pensions

Ordinance and of the Widows' and Orplians' Pensions Act , be deemed

10 have ceased to be in service with the Government and to have entered

inlO service with the Corporation on the date: of his acceptance, and for

the purposes of the said Ordinance and of the said Act, so fa r as

applicable to him , service with the Corporation shall be deemed 10 be

service wilh the Government within the meanings thereof respectively.

(4)

Every such officer 3S aforesaid who , immediately before

accepting permanent employmen t with the Co~ation was a

contributor under the Widows' and Orpllans' Pensions Act shall

contin ue: 10 benefit thereunde r to an intents lIS if his service with the

Corporalion were servicc with the Governme nt.

(S) The Corporation $hall pay to the Government such

contributions as may from time to time be dete rmined by the Minister

responsible for finance in respect of the cost of pensions and gratuities

earned by an office r who hasacccpted permanent employment with the

Corporation as aforesaid during the period com mencing on the dat e of

such officer', acceptance,

PART VI

Contncu aDd PoWft' 10 Acquire or DbpoR of Propercy

41. E~cept with the approval o f the Minister granted for special

reasons, the Corporation shaii not enter into any contract forthe supply

of goods or materials or for the execution of works which is esti mated by

the Board to exceed threc thousand liri in value or such otber sum as the

Ministe r may .... ith the oonCUlTCnce of the Min iste r responsible for

finance by notice determine, unless after notice of the inlen tion of the

CorporatiOfl to cntc r into the contract has been published and

oom~tilive lenders have bee n issued.

42. (I) Subject tothe provisions of the last preceding section the

Corporation may for the purpose of the due and efficient diSCharge of its

functions un der th is Act-

(a) purehll5C or ot herwise acquire and hold any movable

propert y and dispose of any such property; aoo

(b) pu rchase or otherwise acquire and hold any lands or

ot her immovable property or interest therein and take any such

property on lease or on any other title ..... hatsoever.

(2) The Corporation may. with the .... rinen authority o f the

Prime Mini5te r. alie nate or hypothecate any lan ds or other immovahle

propert y o r interest therein vested in the Corporat ion by this ACl or

otherwise acqui ..... d by the Corporation and may also. with the co nsent

o f the Minister. grant a lease of such lands or property for any period.

PART VII

Miscellaneous Provisions

43. (I) (a) Subject 10 the provisions of Ihis Act. no person Ucc""" lor

shall in Malta . except for or on behaU of the Corporat ion. or by ,"" ... f'!'IJ.

agreement or in pursuance of arra ngeme nts wit h the Corporation of ..... '.

or under a licence from the Corpo ration, or in accordance with w ... ,_po

regulat ions made under this Act -

(i) pump waler. ordo any work o r install any apparatus

o r othe r thing int ended for the manufacture, desalination.

polishi ng, treat me nt, induding provision, storage and

dist ribution of wate r: provided Ihat nothing conlained in thi s

Act shall preven t the construction of cisterns for Itle purpose

of conserving surfacc wat er

(ii) acquire. manufactu re. keep, slore. distribute . se ll ,

hawk. expon or ottlerwise d ispose of water fo r ttle purpose of

sa le o r waler supply;

<iii ) make. buy or otherwise acquire , sell or otherwise

dispose of or have in his possession or under his control any

wa ter pump o r any apparatus rel ated to the prodUCtiOIl , supply

or distribut ion o fwale r: and no person stlall sel l or in any other

wa y dispose of any such apparatus to any person who has nOI

obtained a lice nce for buyin g o r otherwise acquiring such

a pparat us;

(iv) sink any well. or bore any hole, or dig any trench in

any irrigation area without th e perm ission o rt tle Corporatio n,

for the purpose of obt aining unde rground wate r, or carry o ut

a ny work wtlatevcr wtlich reduces or interfe res with the

Corpor~tion' s supply of water

(v) consume or d ispose of wate r supplied to tlim by the

Corporation for purposes ottler Ihan that for which it is

supplied

(vi) dispose of se wage. waste water o r Slormwate r run-

off e xce pt in the man ne r prescribed by the Corporation

(vii) in any othe r mann er encroach upon the excl usive

rights vested in the Corporalion by 5ectio n 3 of this Act.

(b) The provisions of subparagraphs (i) to (ii i) of pa ragraph

(a) do nOI apply to bottled table wat er.

(2) A ny person who. wi thout lawful ucuse. cont ravenes or

fails 10 comply with any provision of this section stlall be guilty of an

offe nce against this Act.

=--t.,.

44. (I) (a) The Corporation may. in its di scretion a nd under G .... of

such lerms and condit ions as il ma y ~ m approp riate. gran! a

licence in writing 10 any person -

c"'p''' ......

., ... ",. .... ,,-

."d 011><,

(i) for the manufacture. provision and storage and

supply ofwalf,~reilher for the sole use of such person o r Ibat of

such othe r pcl$Ons. whet her specified by name o r by rdereroce

to any area or locality, as may be permitted by the

Corporation

(ii) for the acquisition, manufacture, provIsion,

5lOragc, distribution, sale, exportation or othe r disposal of

water or for a ny onc or more o f any such activities, including.

but without prejudice 10 the generali ty of the aforesaid, the

construction o r erection of cisterns, or OIlier Structures

or of water pumps or other devices and apparatus for tne

manufacture, desalination, trea tment, polishing, sto ra ge,

suppl y. sale or distribu tion of wate r;

(iii) for the manufacture , purchase or acquisition, sale

or disposal of, possession of or con trol oyer any water pump or

any other apparatus related to the production, supply or

dist ribu tio n of water;

(iy) to discharge o r otherwise d ispose of tl'llde effluent

as directed by the Corporation and after such treatment as the

Corporation may deem ntee$S3ry;

(y) 10 dispose of stormwater run-off to water courses or

water bodies as directed by the Corporatio n and afte r such

lrealDlent as lhe Corporation may deem 1'ICCeSS3f)',

and may allach to any licence as aforesaid Such terms and

condilions as it thinks fit and may also make any arrangemenls and

f.""""'"

en ter inlo a ny agreement with any person for any of the

aforesaid, or otherwise: in conncclion wi th any of its ullCtions

under Ihis Act, as it may deem appropriate or expedie nt.

(b) The proYisioIL'l ofsubparagrapbs (i) to (iii) of paragraph

(a) do oot apply to bottled lable wate r.

(2) UCUlces issued under subsection (1) of this section and

any lenns and conditiorni, arrangements or agreeme nts made

thereunder, shall , subject to their re newal, be yalid for such period

for which they are granted, made o r renewed

Provided that if no period of Yal idi ty is so specified, allY such

licence, arrangement or agreeme nt shall be valid until the 315t

Decembe r of the year in which they are granted, made or renewed.

(3) The re shall be payable on the issue and renewal of any

lice:nce under this section such fees as may be prescribed.

(4) A licence issued under this section, and te nns and

conditions thereof, and any arrangement or agreement 10 which the

proviso to subsect ion (2) of this section applies, may at any time be

suspended or revoked by the Corporation with the concurrence: of the

Minister, if circumstances exist which. in the opinion of the

Corpora tion. any such licence. arrangement or agreement should be

suspended or revoked. An y such suspension o r revocation $h8 11 be

without prejudice to any liability whidl the hold er of the licence may

have inturred under Ihi$or any olhe r la w.

(S) Where a person acts in breach of any term or condition of

a liccnce granted by. or o f an arrangement or o the r agreement made

with the Corporation , he $h311 be deemed 10 bave: acted wi thout such a

liccrn::e, arra nge me nt o r agreement.

(6) The issue of a licence by. or the making of any

arrangeme nt or agreem ent wilh the Corporation sha ll nOI exempt any

person from the req ui rements of any o ther law .

45. The Corporati on may , with the approval of the Min ister, Pownoo

make regulations not ioconsislenl with the provisions o f th is Act to m ......... 1.' ....

prescribe:-

(a) the duti es of any officers of the Corporation appointed

under seclion 36 of this ACl for the purpose of ca rrying out

inspect ions, the intel"\'als, times and manner in which any

installation, appar,lIus or othe r property of the Corporation shall

be inspected, and the notice (if any) to be given in relation to

inspections;

(b) the condit ions unde r which any installation, apparatus,

materials, fi ttings and othe r property o f the Corporation shall be

installed, operated, maintained , protected , controlled or in any

wa y safeguarded, the manner of laying safely and the prohibition of

the use o f any dangerous installation, apparatus or fittings;

(c) the cond itions on which, the manne r in which, the time at

which and the quant ity in wh ich water is 10 be supplied;

(d) the co nditions in respect o f the use of wate r pumps and

any apparatus used in the production , manufaClu re and

distrib ution of wate r and in respect of the sinking, ellCllv3 lion,

en largemen t or modifica tion and use of wells;

(e) provisions applying to the sinking of we lls, and the use of

wells and wate r pumps in water controlled areru;;

(f) the conditions under wh ich money advances may be

made to owners of tenements desirous of sinking wells, d riving

gal leries , constructing conduits. or otherwise improvi ng the water

suppl y in their tene ments;

(g) th e standards to be adopted for measuremen t of

dimensions o f inslallations and appa rata . and the ma nner in which

wate r su pplied shall be measured ;

(h) the cond itions on which the supply of wate r may be

tu rned off or restriCled ;

Ci l any ta riff o f fees. re nt, and charges which may be or are

req uired to be prescribed by o r under the provisions of this Act, or

o f any regulations made th ... reunde r and the tim .... placc and

man ner for the payment of sueh fees. r ... nt. or ... harges and the mode

o f collecting thereof;

(j) th e qualifications to be possessed by persons before they

may be entrusted with the construction. laying, repair, alte ration

or control of any apparatus, fittings or insta llat ions and the nature

of the tests to be e mployed for ascertaining wh ... the r persons

possess such q ualifications;

(kl the measures to be tak en. the natu re and quality of

mate rials and the filli ngs to be suppl ied and used in co nnection

wit h insta lla tions in o rder to sec ure public safety and private safety;

(1) the quality, design and workma nship standards required

in an connections to sewers, wa ste water or stormwater run -off

systems owned by the Corporation;

( m) the mel hods to be adopted for Ihe provisions o f servioccs

by the Corporation, the secu rity to be furnished by persons who

wish 10 avail the mse lvC!i of such services. the conditions for Ihe

discon tinuance of such services in cases where the requirements of

this Act or of any regulation made thereunder is not complied with.

o r where a person is in arrears of hi s paymen ts of any proper prices.

charges or fees or uses defective apparatus, instruments or fillin gs.

and also in other cases where such discontinuance may be dee med

necessary o r advisable

(n) th e tenns and oonditions under which Departments of

the Gove rnment o r publ ic bodiC!i or authori ties may have , jointl y

with the Corporation. faci lities in respect of which theCorporation

has udusive rights as provided under section 3 o f this Act

(0) such mallers in connection with the issue o f debentures

or debe nture slock unde r th is Act as the Boa rd ma y deem il

necessary or e~pedienl to prescribe, and , in particular , for

regulati ng the method o f issue. transfe r. redempt io n. or ot her

dealing with such debentures o r debentu re stock ;

(p) any maller relating 10 an y activity. functio n or othe r

thing in respect o f which the Corporation is the udusive au thority

or in rcspect of which a licence of, o r an agreement or arrangeme nt

wilh the Corporat ion is requi red by Ihis Act. incl uding the te rms

and condi tions under Which any such IIClivit y or funelion may be

perfonned. o r any exemption may be made or given. and such

other matt er as may be necessa ry or ClIpedicnt to be provided for in

re latio n to any of the aforesaid matters;

(q ) the penalties. being not more than a fine (mU/la) of ten

tho usand Maltese lid, 10 which a person committing an offence

against this Act o r contraveni ng any regulation made under this

Act may be liable o n convict ion;

(r) any other ma tter which may be or is required to be

prescn bed by this Act.

oWl. Any order made under s«tion 22 or under subsection (l) o f

section 34 of th is Act sha ll be published in the Government Guene.

-.

47. The provisio ns of this Act shall not appJyto any cistern or we ll Sovin,a

in any dwell ing house, which is required to be constructed under any '0 doonei6c

law, and the provisions of this Act sha ll not be deemed to require any

licence o r permit for the construction a nd maintenance of any such

cistern o r well: so howeve r that this section shall not precl ude the

Corporation from exercising any of its funct ions and powers under this

Act for the purpose of ensuring that water is nOl wasted or misused and

that no da mage is caused to the aquifer or elsewhere.

48. The Prime Minister may, by writte n order under his hand. Eu"'poioo.

exempt any pe rson. au tho rity or institu tio n from the provisions of this ,-~

Act for such time and under such condi tio ns as are set down in such .. 0. ; .... '"

-, .

an ordcr. ~nd may by si milar order cance l any nem ption so given .

49. Any office r o f the Corporation. duly authorised by the Board

may. at all reasonable times. ent er any premises in which any collecting ••

-.

area. spring. we ll . wate rcourse. galle ry , cistern , co nduit or any water. o:M>di'ioM '"

sewer, waste wat er. fi ttings or se rvi ce. apparatu s, installation . in>Ull...,."

instrum ent . plant or acx:essories are. have been or are to be co nstructed,

laid or installed for the manufactu re, desali nation . treatmen t . ,xtlishi ng.

provision. storage and distril>ution of water o r for the purposes o f

providing drainage to the sewers. for Ihe purposes of:-

(a)

inspecti ng any of Ihe items ment ioned above and

a~ naini ng

whether the re be any waste of wate r from the

waterworks, or othe r thing contrary to the provisions of Ihis Act, o r

to the regu lations made thereunder;

(b) maintaining and, if need be, repairing. allering. or

making additions to any of the itcms mentioned abo~ which is 110

out o f repair as to cause Wll!;le o f wa te r, o r which is defective or

wanting in any thing prescribed by this Act or any regulations made

the reunder

(c) ascert aining such data or information as the Board may

requi re in conn ection with the services given by the Corporation

(d) removing all o r any water finings o r s.e rvice, appantus.

installation, instrument. plan t or accessories be longing to the

Corporation. whenever any s.erviee provided by the Corporation is

no longe r required o r where tbe Corporation is auihoris.ed by o r

under this Act 10 withdnw its s.ervices;

or

(e) the inspection. alteration or repair any pan of the sewers.

waS te water or sto rmwater run -off systems owned by the

Corporation

Provided th at the Corporalion shall repair all damage ea u!ied

by any such en try. inspection or re moval.

SO. (I ) The execution of all work in connection wi th the!iervices

given by tile Corporation 511311 be carried OUI in such a manner as may be

pre$Cribed.

(2) Any peT$On woo contravenes or fails 10 compl y wilh Ihe

provisions of this !ieC1ion shall be guilty of an offe nce under Ihis Ac!.

51. (I) No pe T$On shall U!ie a ny water or any in5lallation.

apparalus, fillings, inslru~nt or their acoes.sories, supplied by the

Corporation , o r any waler supplied for sale or disposal by or on

be half of the Corporalio n. whethe r directly or indireelly. fo r purposes

ot her than Ih at for which ;1 is supplied; and any declaration or clear

indicalion by Ihe Corporation as to Ihe purpose fo r wh ich any thing as

aforesaid hll$ been supplied. shall be conclusive evidence of such

po"""".

(2) An y peT$On who contrave nes the provision oft his!ieC1ion

sha ll be guilty of an offence against this Act.

52. An )' person who -

(a) obstructs o r impede$ any member of the Board o r any

offICer. agent or servant of tne Corporation in the exercise of his

duties unde r this Ael oru nderany regulations made under IhisAct ;

" (b) cont ravenes o r fails 10 comply with a ny of lhe provisions

of this Act o r of any such regulations lIS aforesaid or any order

lawfully given under the provisions of this Act or of such

regulations; or

(c) when: a licence o r othe r permit is required unde r the

provisions of lhis Act or under any regulations as aforesaid, forthe

use of the services of facili ties of the Corporalio n. mak es use of

such services or faci lities witho ut such a licence o r pennil or

conl ravenes or fails to comply with the cond itions of any such

lice nce or permit. shall be gui lty of an offence against this Act

53. (I) Subject to the provisio ns of this Act, th e following

enactments. that is 10 13)':-

(a)

Wate r Supply O rdi nance.

(b ) Irrigation Ordinance.

(c)

Underground Wate r Ordinance.

are hereby repealed.

(2) The repeal of the Ordinances aforesaid sha ll be without

prejudice to anything done or omitted to be done under the said

Ordinances. Any punishment incurred in reSJ}e(:t of any offence

committed against any provisions thereof. and any investigation, legal

proceeding or remedy may be instituted, continued or enforced, and

any penalty, forfeiture or punishment may be imposed as if that

Ordinance had not been repealed.

(3) All regulations, rules or orders and all licences made

under, or kept in force under the Ordinances repealed by this Act

immediately before such repeal shall, with the necessary modifications,

adaptations and limitations, and all regulations, rules or orders made

under or kept in force by the Water Supply Regulations, 1948, and in so 0 .1'1 . III

far as th ese are not inconsistent with the provisions of this Act, continue of 1948.

in force and have effect as if they had been made or granted under this

Act and may be re~o ked or amended accordingly.

(4) Any reference in any other law to the "Water

Authority", the "Water Board" the "Department of Water" or "the

Water Department" shall be construed as a refe rence to !be Water

Services Corporation constituted under this Act.

(5) Any licence, permit orothe r authority granted under any

enactment , or any provision thereof, repealed by this Act, and still in

force immediately before such repeal, shall continue in force thereafter

as if it were a licence issued under this Act, OT, as the case may require,

an d any such licence, pennit or a uthority as aforesaid shall be treated

and dealt with accordingly .

Interpretation .

PART 11

Constitution. Functions a nd Composition of the

\Vltu ~rvkes Corpo.-aUon

(Section 22)

P'rGvlsioaoi to joint meter·read1D&, K1;1JUDt~ aod biU colledlon

servke ..... as to the exercise 01 certain fImcdoos by the

Wllter Services COl pontioo 00 behalf 01 Enemalts

1. The Corporation is hereby appointed in the name and on

behalf of Enemalta 10 exercise and perform as fully and effectually in

all respects as Enemalta itself all such functions as are or may from

time to time be lawfully vested in Enemalta in respect of the acts and

matters following namely:-

(a) 10 demand, require, receive , accept, cancel, waive and

generally deal with any surelyship , $C<:urity, deposit or undertaking

in. respect of sums due to Enemalta for the supply of electrical

energy, meter charge and services (hereinafter in this Schedule

referred to as "sums due to Enemal ta");

(b) to carry out the reading of meters for the purpose of

ascertain in g the quantity o f electrical energy supplied and, where

applicable , the maximum demand;

(c) to keep accoun ts showing the sums due to E nemalla and

to prese rve any books or doeume nts relating to or connected with

such accounts ;

(d) to undenake the computa tion, service and collceliOD of

bills in respect of sums due to Enemalt a ;

(e)

to rece ive from consumers o f electrical energy any nOlice

of: -

(I)

in ten tion 10 discontinue the use: of sll(:h ene rgy;

"'

(ii) the carryi ng ou t of alterations to premisc:s o r to

installations;

(f) to cause: the supply of electrical ene rgy to any consumer

to be suspended in the case of nOD-payment o f sums due to

Enemalta arter the expiration o f the prescribed period, or of

unjustified re fusal of access to the premises; and for this purpose

to cause the main fuses to be removed or the installation 10 be

discon nected at the mains, whether overhead or underground;

(g) to ca use the me ler to be removed from the premises in

the case of delay in the paymen t of sums due to Enemalta beyond

three months. or earl ier if so deemed necessary;

(h) to reconnect the supply and . if necessary. replace the

mete r afte r payment of sums d ue to Enemalta hll5 been made

(i) to ente r upon any premises and to carry out and do

therein any Act or thing within the aUlhority ()f Enemalta ;

(j) t() asscss, by means ()f such cri teria as are within the

di$cre tion of Enemalta the consumption ()f electrical ene rgy in

any premises to which entry fo r the purpose: ()f reading the met ers

has been refused afler reasonable notice has been given;

(k) ge ~ rall y to pe rf()rm any other Act. incidental or

supplementary to the foregoing , which Enemal la. but for the

provisions o f this Schedule . would have been entit led to perfo nn

in relalion to and for the pu rposes of me te r-reading. acrou nt -

keeping and bill collect ion as applicable I() the su pply ()f electrical

ene rgy.

2. If any sums due to Enemalla shall not be paid o r if any gDQds

o r materials belonging 10 Enemalta are nm re tum ed by any consume r

()f elect rical energy. the O>rporalion may , notwithstanding the

provisjQn of section 1986 ()f the Civil COOe. take any legal or ()ther

proceeding aUlhrni.<;ed by law for the recQVery the re()f ID the name and

()n behalf of EIII' malta ; and for Ihe purposes of section 466 ()f the COOe

o f O rganisation and Civil Procedu re. Ihe O>rpc>ra tion shall be deemed

I() be acting as a Head ()f Departmen t in respect ()f so much of any

such proceedillgs as are taken o n behalf of Enc malta.

3. While they are acting wi thin the li mits of the powers confe rred

on the Corporation by o r under the provisions of this Schedule, the

officers and serva nts of the Corporation shall, for the purposes of any

enactmen t or regulation containing any reference to the officers and

servants o f Enemalta , be deemed to be also the officers and servants

o f Ene malta.

4. The Corporation may, in respect of the accou nts o f Ene mal ta

and o f su ms due to Enemalta, contin ue in force any arrangements

en tered into with any other Gove rnment Oepan me nl for the compuling

of bill s and keeping o f accounts and for the provision of legal or ot her

assistance.

5, Enema lta shall have a right of access to and inspection o f the

accounts kept by the Corporatio n in relation to the activities of

EnemaJta and shall have the righ t to keep at the offices of the

Corporation such number of representatives as may from time to ti me

be agreed between Enemalta and the Corporation.

6. From time to time as occasion may require, Enemaha and

the Corporation may by mea ns of a public deed in the acts of the

Notary to Government , the terms of which shan first be approved by

the Min ister , enter in lo an agreemen t ( hereinafter in thi s Schedu le

refe rred to as "the agree ment") regula ting aJl or any of the following

matters: -

(a) the access to and inspection of the accoun ts and the

number and powers of the represe ntatives of Enemal la refe rred

to in paragraph 5 of this Schedule ;

(b) the conside ration (incl uding reimburseme nt of any

expenses and ad ministrative charge proper ly met o r incu rred by

the Corporatio n) to be paid to, o r to be retained by, the

Corpora tion in respect of the exercise and performance by the

Corpora tion of the functio ns vested in it by th is Schedule;

(c) the periods at which and the man ne r in which the

Corpora tion shall rem it to Ene malta sums collected by the

Corporation on behalf of Enemalta or, 10 the extent that

arrangements for se t-off a re made in the agreement. such balances

thereof as are outstanding afte r any lllIlOunlS due 10 the

Corporation under the last preceding sub-paragraph have bee n

deducted;

(d) the tim e and me thod of exchangi ng information and o f

using means of consultation between Enemalta and the

Corporation for the beller execution in their joint interest of the

provisions o f this Schedule and of the agreemen t;

(e) the financial , banking. auditing and administrative

procedures 10 be followed by both sides for the regular and efficien t

working of the arrangements ex;si t;ng between them including.

without prejudice 10 the generalityofthe foregoing. the forms tobe

used , the documents to be preserved, the boolt$ 10 be kept , the

returns 10 be made, the notices to be given o r com municated and

the accounts to be rendered;

(I) such otber matters incidental and supplementary to the

foregoing for wbicb. witb the approval of the Minister, tney may

deem it necessary and expedient to provide.

7. The Minister shall cause a copy of the agreement to be laid on

the Table of the House of Representati ves.

Passed by tne House of Representatives at Sitting No. 572 of tne 12th November,

1991. LAWRENCE GONZt

S!Htlkt,

RICHAItO J. CAUCtIl

Ck,k,o the House of Rtp'~mllltiv~.

0.,...,...... .. , ,.,..,

Il'P"bbIiUo -.o;p.n;.... . . ... · ).I<>form>z>jo<Ii - "-'iljo I"IMU!Id ~1 IN

of 1'1{'" , ri", _ c...ti/I<

Mi!bq/I n·!....",perij. 0.01.0 _ _ '""""' . riot G _ _ _

l'n .. lO< ~~ lO<

Establishment and functions of the Water Services Corpornlion.

Legal perwnality and representation 01 the Corporation.

S. Establishme nt and composition o l the Board.

Regul ations regarding elections.

Duration of appointme nt IQ th e Board of Directors.

Disqualific-dt ion from b.::ing a member ofthe Boord of Directors.

Temporary retirement from si tlings olthe Board.

Resignation from the Board and publication of appointment and lcnninalion

ofofflCC.

11 .

Mee tingsoflheBoard .

(1) (a) II-Bord ghandu jiltllqa' kemm drabi jkun mehtieg

Jew cspedjenti , iroa fkull kai. mhux a nqas minn darba kullt lie t

xhur. (I -Iaqghat tal-Bord ghand hom jissejhu mic·Chairman iew

minn jeddu iew fuq talba ta' tnein mitt-membri I...,h ta.

(b) Bla hsara ghaH.htigiiiet J...,hra la' dan I- An , ebda

deCitjoni m'ghandha tkun vaJida jekk ma jkoHhiu J-appogg ta'

mill-anqas rewg rnernbri tal-Bord Jew li ti!t iehed flaqgha tal-Bord

li fiha e-CluJirman iew fin-nuqqas tiegh u id-Depuly Choirm(m, ma

jkunx preten ti.

(2) Nofs in·numru ta ' membri Ji ghat dak it-tmien

iikkostitwixxi I-Bord , ifform aw qUQrum null laqgha. Id·dcrujonijict

jittichdu b'maggoranza scmpliCi tal-voti taJ-membri preknti. Fil·kat ta'

vOli ndaqs, ie·Chairman , Jew fin-nuqqas tieghu id-Deputy CluJirmall,

ikollu u &hand u iaghti t-tieni vot ticghu li jkun wi ehed deCiiiv.

(J) Ghandllom iigu registrati I-min uli lal·pro<.':cdimen li lal.

Bord uta' kult kumi tat minn u mwaqqaf.

(4) Bla hsara ghad-dispoii.z2:jonijiet ta' dan I-A It , it-Bord

jista' jirregola I-pr.xedura tieghu stess.

Validity of the acts of the Board.

Staff appointments.

Improving the skills of employees.

Powers of the Minister in relation to the Boa rd .

Duties of the Board towards the Minister.

Exemption from taxation.

Dut ies o f the Cm-poration in relation 10 the supply ofwale r.

Duties oflhe Corporation in rclation to the provision of sewage scrvio.:s.

Defau lt pov.·crs.

21 . Limitsof liability.

(I) II· Korporazzjo ni ma tlmnx rcsponsa bb1i gha! xi hsa ra Li",iti t.·

maghmu la lil persuna jew proprjetil. konn essa ma ' I·islallazzjoni lal- .--,~ ....

provvista ta' I-ilma li Ikun ikltagunata minn xi inadenlli ma setn jigi

evi tat , minn de terjo razzjoni ragonevoli jewminn konnessjoni la' filtings

la' I-ilma mhux awtorizzal jew minn lti difetti H-istaUazzjoni mhux

provduti mill-Korporazzjoni.

(2) Bla hsara ghad-uispotizzjonijiet tas·subartikolu (2) ta'

I-artiltol u 18 il-Korporazzjoni mhult responsabbU, fejn ma jkuIllt bemm

negligenu u skond il-provedimenti ta' dan I-Att , ghal xi inkonvenjenl

jell' hsara attribwibbli ghall-qadi ta' xi dmiT imlX'St b 'dan I-An.

( 3)

II-K orporazzjoni mb;x responsabbli partikolarmenl ghal

~i ink onve njent jell' hsa ra kagunat a minn gharar I; gej minn aujon i ta '

tempest i natural; li jinqalghu. ilma la ' taht I-art Jew Iqal1ib tal-bahar .

21. (I ) Id·dispotiujonijiet ta' ]-Iskeda 1i linsab ma' dan I·AIl

8Mndl,l jt olloom sel'll'l gllar-rigward ta" l-operanjoni mill-

Korporazzjoni tal·qari ta' merer$, bmma ta' konliji et u servizz ta ' gbir

ta' DIU flimkicn ma ', u Il· inlercss komun; tal- Korporazzj()Rj U la' 1-

Enemalta u Il·eter~ju u qad i mill-Korporazzjon i gban-nom ta" I·

Enemalla ta' dawk il-fu nzjonijiel li hurna Jew ikunu minn imien ghal

Unien legalmen t vestiti rigward [-a ui 11 materji spetifikati fil-paragrafu

1 la' I-Iskeda mscmmija.

(2) Jekk . .... an kOll5ultazzjoni mal-Korporazzjoni u ma' 1-

Enema]ta il -Ministru jkun sodi$fall li ma ikunx izjed melltieg iew

spcdjent i li jitkompla dak is-sc rvizz flimkie n kif imscmmi qabcl. huwa

jista' b'ordn; jilTevoka I- Iskeda li tinsab ma' dan I-An; u kull fleh im

li jkun Jar bcjn il-Korporaujoni u I-Ene malta bis-sahha tal-paragrafu

6 ta ' dik I- Iskeda jew li jku n miimum fis-sehh bis-sahha ta ' dan I-An

daqslikie ku he kk kien sar (hawnhekk itjed 'il quddiem rdan I-an ikolu

msejjah ~il-fleh im H) ghandu , maW jsir dan, jieqaf mis-sc hh .

(3) II·Minislru jisla' minn imien ghal t mien, bi ftehim mal-

Korponuz)oni u I-Enemal la , b'ordn; jibdel id-dispoiizz)onijiel la' I·

Iskeda li linsab ma ' dan I-AU safejn u b'dak il-mod li I·Minislru jisla '

jislabbiliui; u minn dik id-data li fi ha kul! ord ni bha! dak jibda jsehh,

id-dispotiz:zjonijiet laJ.fte him ikollhom sehh kif suggel1i ghal dawk il·

modifiki li jkunu mehliega biex ligi evi tata kul! inkonsistenza bein

id-dispotizz)onijiel taI-flehim u d-dispoiizzjonij iel la ' I-imsemmija

Skeda kif mibdula b'dak l-ordni .

(4) KuIJ ordni maghmul bis·sahha ta' dan I·artik olu Hsta'

jkollu dawk id-dispotizzjonijiet lransi lorji , supplimenlari u inaden tali

kif il-Ministru, wara konsuh aujoni ma' , jew bi flehim mal-

Korporaujoni u I· Enemalta. jidhi rl u m<: hlieia jew spcdjenti ghall·

gIIanijiet la ' I-ordni.

TAQS IMA III

DispoZi~onijlet t-inanzjarji

The Corporat ion and Enemalla.

PART III

Powe r to borrow o r raise ca pital.

Borrowing by adYances from the Government.

2..... Application of revcnue .

(I) Id-dhul lal -Korporaujoni ghal kull se na finanzjarja

gl'landu jigi applikat bie ~ jitl'lall su d ·drittijietli geUin:-

ir-rimuneraujoni. drittiji cl u alfo .... unu tal-me mbri lal·

(a)

Bord;

(b) is·sa la rji

Jew

pagi . d ritt ij ic L

rimuneraujoni.

pensjonijiet. 5u{nronnualion al/o .... anu. gratifika1.zjonijiel u

allo .... ances ohm ta ' lIff~ali . impjegati, agenti u konsule nti te kniti

Jew kon slIl enli ohra tal -Korpc:lraujoni u hlasijiet biex tintamm xi

skema ol'lra mwaqqfa skond id-dispoii zzjonijiet la ' dan I-At!. u kull

hlas till-G vern akkont ta' pensjonijiel jew gralifikazzjonijiel skond

I-aniko lu 39 Jew 40 la' dan I·AII;

(c) J-ispejjet gI'Iat-lwaqq if u ghall-hidm a. u n-nefq a Jew il·

provvedimen t gl'lall -manutenzjoroi ta · kull wal'lda mill-

il;tallaujonijiet lal -KOrpc:lnlZljon i. u J-qadi taI -furu:jon ijiet lal-

Korporazzjo ni 1i jixraq li jigu addebita li liII· konllad-dhul;

I-imgl'lax fuq kull obbligaujoni. obbligaujoni ta' slod

(d)

Jew sigurt~ ohra mahruga. l-i mghax fuq kull overdraflu fuq kun self

migbur Jew avvann ritevuti mill·Korporazz;Oni;

(c) is·somom mcll ticga li jigu trasferi li ghall-fond la'

ammonizzament Jew xon'ol'lra mwarrba sabiex jagl'lmlu

p'rovvedi ment gllall -fidwa la' obbligaujonij iet Jew obbli gaujoni-

Jie! ta' 5Itx:k Jew sigun.ll ohm Jew ghall -hlas Iura ta' nus ohra

mislufa;

(0 dawk is-somom 1i jid hri lha li jkunu xie rqa li jitwarrbu

dwar deprezzament fuq il ·proprjet~ tal·Korporazzjoni meta jitqies

!·ammont imwarrab mid-dhul skond il-paragrafu (e) ta' dan is-

suba n ikolu

(g) il·hlas la' kull infiq iehor approvat mill -Bo rd u hu xieraq

li jig; addcbitat liII-kont tad-dl'lu1.

(2) Bla hsara glial dawk id-direttivi li I· MinistfU. wara

konsultazzjoni mal- Ministru responsabbli ghal l-finanzi, jista' jagl'lti

minn tmien glial tlnie n . kull dl'lul li jkun je~di J.infiq gl'landu jig;

applikat mill- Korpo raujoni biex jinl'lolqu fondi ta' ri:i:erva bicx

jiffinanzjaw espansjoni fulura tal· Korporaujoni; u mingl'l ajr I'l sa ta

ghall -tc neralit~ tal-poteri moghtija lill-Mini5ITu b'da n is-subartikolu.

kulI direttiva mogl'ltij a miU·Min istru kif intqal hawn fuq , kuJl pani minn

dan I-eeess tista' tig; tras(erita lill-Gvern, Jew tig; applikala b'tali mod

kif ikun spetifikat fid-di retti~a .

Investment offuntk.

Prices. fees and ot her eharges by the Corporation.

Estimatesof the Cm-porat ion.

Accounts and audi!.

Cash deposits and payments.

Annual Report.

PART IV

Trwmft" to the COflI!N'8lIoa orGoverammt UnclutalWlp

Transfer to the Corporation of public undertakings.

Construction of eml;ns 131'1$, COOITaCl:§, etc.

Transitory provisions.

Creation of permanent dt:bcnlurc stock in favour of the Government.

PART V

Dmcen and Other Employees of the COflIOration

Appointment and functions of Chief Executive and of other offIcers and

e mployees of the Corporation.

Supe rann uation schemes. ete. for officers and other em ployus of the

Corponilion.

Detailing of public offlcers for duty with the CoIpotation.

Status of pu blicofficl!rs detailed for dul)' with lhe CoI'pomlion.

Offer of permanent employment wi th the Corporation 10 public officers

detailed for du ty with the Corporation.

PART VI

Cont racts of supply or works.

Powe r 10 acquire and dispose: of ,"ope n y_

PART VII

Licences for the supply. sale, etc. of.....alcr. waler pwnpsand otlv::r a pparatus

nlief bl -approvazzjoni lal-Minist ru moghtija gha l ragunijiet

spet ja1i, il-Korporazzjoni ma gl'Iandha laghm et ebda kuntral1 ghall-

provvista ta' oggel1i Jew materjali Jew ghall-ezekuzzjoni ta ' lloghliiiet li

huwa stmat mill -Bord li jinvolvi nefq a ta' aktar minn tlen elef Hra Jew

somma ohra kif il,Minist ru jisla', bl-approvaujoni tal-Minist ru

responsahbli ghall-finanzi , jiddetcrmina h'avv;t, kemm-iI darba avv;!

lal-hsieh tal -Korporaujoni li taghmd il -kunlral1 ma jlr.:unx tie

ppuhblikat u jkunu nhargu offe rt; kompetitlivi.

(I) Bla hsara ghad-dispo!izzjoniiiel la ' I-ahhar artikolu

qabcl dan. il -Korporazzjoni !ista' ghalHini lal-{jadi xieraq u effiCjenli

laghha skond dan I-Alt -

(a) lix lri Jew xort 'ohra likseb u "I.iomm xi proprjel~ mobhli u

Ine hhi kull proprjetit hhal dik ; u

(h) tixlri iew xOrt 'ohTa tikseh u ttomm kul! art Jew proprjcla.

ohra immobbli Jew inleress fihom u tiehu kul! proprjetit hhal di k

b'k iri Jew b'kulttitlu ichor ikun li jku n.

(2) II· Korporazzjoni lisla' bl-awtoril~ bil-miklub tal· Prim

Ministru , ti nrasferixxi iew lipolelr.:a kult art Jew proprjel!i ohra

immobhli iew inrcress fihom veSlili fiI- Ko rporazzjon i b'dan I-All jcw

xort 'ohra rniksuba mill -Korporaz<:joni u liSla' wkoll , bil-kunsens lal-

Ministru, taght; b'kiri dawk I-artii iet iew proprjcta. ghal kutl :bnien.

TAOSIMA VII

l)Ispoiiujunijltl MI-'3~II.nj l

43, (I) (a) Bla hsara ghad,disjXliizzjonijiel la' dan I-An, cbda

persuna ma ghandha fMall3, hlief gl'lpl jew fisem il-

Korporazzjoni, jcw bi ftchim jcw skond arrangamcnti mal-

Korporazzjoni , jew bis-sahha ta' IK:c:nzja tal-KorjXlrazzjoni jcw

skond regolamen ti maghmula taht da n I-Att-

(i) illella' ilma, jcw taghmel xi xoghol ief'lor jcw ..

Iqicghed xi apparat jew haga ohra li ghandha ~'Iaqsam mal-

manifattura, desalina:ajoni. raffinar, tTllttamenl, provvisla,

hama u distribuzzjoni la ' l-ilma; itda ebda haga fdan I-An ma

ghandha tiomm il-bini la ' gibj un bil-ghan li jigi ltonserval

I-i lma lal-wit<:;

(ii ) liheb, limmanifattura, itj:omm, tahien, tqassam,

tbiegh fiHoroq, lesporta jew xo rt 'o hra liddisponi minn il ma

Dil·ghan la' bejgh jew provviSla la' !lma;

(iH) laghmel, tixtri jew xort 'ohra lalt ltwista, tbiegh jew

xort 'ohra tiddisjXlni minn jew ikollha fil-pusscss taghha jew

laru il-konlroll laghha xi jXlmpa la' l-ilm3 jcw xi appar31

li gI'Iandu x'jaqsam maJ -prodw:zjoni, provviSla jcw disl-

ribuujoni la ' I-ilma; u l-ebda persuna ma ghandha tbiegh

jew xott'ohra liddisponi minn xi apparal btlal dak lil xi persuna

li ma jkoll hi cxlitcn1.ja biex lixl ri jcw xo rt 'ohra lakk w;sla dak 1-

apparat ;

(iv) Ihaffer bir, jew lagtime l spiera. jew Ihaffer kanal

fa rca ta' lisqija minghajr il-pcmlcss tal· Korporazzjoni , bil·

gh an li jingabar ilmll la ' taht I·art jew taghmel xoghlijiel ohra .

huma x' inhuma,l; jirriducu jew jOSlakolaw il-provv;sta la' il m3

lal· Korporazzjoni ;

(v) tuia jcw liddispon; mill·ilm3 provdul lilha mill-

Korporaujoni ghal skopijict ohra ham! minn dawk li

ghali ho m ikun gie provdut;

(vi) tiddisponi mid-drenagg, ilma mhux tax-xorb u tax·

xila hlief kif ikun preskrin mill-Korporaujoni ;

(vii) b'xi mod iehor lid1'101 fuq id-driuijiet esklutivi

vesti li fil -Korpoml1.joni bl-arti kol u 31a' daR1-AII.

(b) Id-dispotizzjonijiet tas-sub-paragrafi (i) sa (iil) lal-

paragrafu (a) ma japplikaWll gl'lal ilma lax-xorb fiI- Oixkun _

(2) Ku ll persunn li mingl'lajr debita guslifikazzjoni. likser xi

wahda mid-dispoiizzj onijic! 13s-subartikolu (I) la' da RI-a rtikolu tkun

hOlja ta' real kontra dan I-Atl.

related 10 the sUW1y of water.

Gra nt of licences by the: COI'pOrnt ion and OIher arrangements.

45 . Power to make regulations.

II -Korporaajoni lisla'. bJ·a pprovazzjoni tal- Ministru,

s.:'j;h'

~hall .. j;hmil

taghmel regolamenli. li ma jkunux in konsiSlcmi mad-dispozizzjonijicl

, . r<wXom<nll,

ta' dan I-All. bicx tipprcskrivi u xorfohra lipprovd i dwar:-

(a) id-dmirijiel la' kul! ufficjal lal -Korporazzjoni mahtur

s kond I'arlikolu 36 ta ' dan I-Al l ghall -fin ijiel li jsiru spezzjonijiet.

l-inlerva1li, il·tlinijiel u b'!iema mod kull sla llazzjoni , apparal u

proprjela oh ra bha! dawk lal -Korporazzjo ni ghandhom jigu spezz-

jonali, u I-avvii (ick k ghandu jkun hcmm) li ghandu jinghala dwar

I-ispeujon ijiet

(b) il·kundizzjonijiel li tahthom kull stallazzjoni , apparat,

malcrjal. fillings jew proprjcl:'l ohra lal -Korporazzjoni ghandhom

jigu mqieghda, imhaddma. issi rilhom manulenzjoni. jigu prolelli.

konlrollati jcw b'xi moo ic hor imharsa, il-mod kif jilqieghdu bla

perek lu u I-projbi zzjoni ta' l-uiu la' kull stallazzjoni, apparat jew

laghmir pcrikolui;

(c) il·kundizzjonijiel li fuqhom, it·mod li bih il·hiD u

I-kwanlila la' kif l-ilm3 ghandu jigi provdul

(d) i I-k undizzjoni jict dwar I-ui:u tal-pompi la' I-ilma u la' k ul!

apparal uiat fil-proouujODi, manifattu ra u distribuujoni ta'l·ilma

u dwar il-thaffir , Ikabbir jew il-mooifi kazzjoni u I-uiu lal·bjar

(c) dispoiizzjonijicl d"'ar it -tliaffir u I-uiu tal-bjar U lal -

pompi ta' ,Ima rioni ko nlrollali

(f) ,I·ku ndizzjonijiet li tahthom jista ' jinghata self la' nus

lill·propr jctarji ta' fondi li jixlicqu jhaffru bjar, jghaddu mini. jibnu

k,mali , jew xort'ohra jle jbu I-provvisla la' ilma fit -fondi taglihom

(g) I-istandards li jigu wtali gliall- kejl la ' qisicn la' slallazzjo-

nijiet u apparat. u I-mod li bih il -provvisla la ' (lma ghand ha lil-

kejjt"l

(h) i1-kundinjo llijiet li tahthom il-prowisla ta' ilm3 ligi

maqlugha jew ristrena;

(i) kull tariffa ta' prezzijie!, kera, u hlasijielli jiSlghujew 1i

huma md'ltiega li jigu preskriu; bi jew skand id-dispoi:iujon ijicl ta '

dan I-AIt, jewlli regolamenti maghmula bi!;-$3.hha taghhom u I-hi".

il-post u J-mod ghall-l'IIas ta' dawk il-preuijiel , krejjicl, jew hlasi-

jiel u I-mod lal-~b ir U Hnehhija taghhom;

(j)

il-kwa lifiki li pcrsuni ghaoou jkollhom 'label roa jigu

mqabbda biex jibnu. iqieghdu , isewwu. jibdlu jcw jikkonlrolluw xi

apparal, {iltin81t jew slall azzjoni U lI-lorta la' provi li ghandhom

isiru sabiex jigu :i:gurBli jekk da .... k il-persuni jkollhonu: dawk il·

kwaliftk;;

(k) il-m.iZuri li ghandhomJ'ittiehdU un-natura u H.wa!iu\ u

filrinp li ghandhom jigu prov uti u w1ati dwar l-iSlaJlazzjoni

sabiex li~ tgurBla s-lilgunA pubblika u s-sigurt A privala;

(I) il-kwa]iIA. disinn u 1-livel1 la' xoghol millub rkul1

kumnikazzjoni [ad-drenaU. ilma mhWl [ax-xorb Jew sis[emi [a'

I-ilma [ax-xila proprjet~ lal-Korporaujoni

( m)

il-me[odi li gllandhom jin[uZllw gIIall-pTOYYista [a'

serviz:d moghtija mill-Korpo.-aujoni, il-garalUija. li gI'Iandlla lin-

&hala minn persuni li jkunu jixlicqu jiksbu dawk is-scrvizzi. il-

kundin:jonij iet bicx ma jilkomplux dawk is-$ervin:i, fhtijiel fejn

il-lIligijiel ta' dan I-All Jew ,,' xi rcgolamcnl maghmul bis-salllla

liegh u ma jkunWl gew imllarsa,jew meta persuna Ikun qieghda Iu ra

fll-hlasijiet la' xi prezzijiel, lIlasi jiet Jew drillijiet xierqa, Jew mela

luta apparal. slrumcnli Jew finings dife nuti , kif ukol1 rkaZijic~

oll ra fejn ikun mehliega Jew alljar li ma jitkomplWl dawk is-

5ervizzi

(n) il-pallijiel u I-kundizzjonijielli tahthom dipartimenti tal-

Gvern jew korpi jew aWlori lajiet pubbliti jista' jkol1hom, flimkicn

mal- Korporazzjoni. faCiHmjiel li dwarhom il-Korporazzjoni

jkolllla l-jeddijiet esklutiYi kif provdut skood I-artikolu 3 ta' dan

I-An;

(0)

dawk il-lIwejjeg dwar il-hru g la' obbligazzjoni jiel jcw

d~Mntuu suxk skond dan I-An kif il -Bord jidhirl u mehticg jew

spedjenti li jippreskriYi, u b'mod partikolari, bicx jig; regolal il-

metodu tal-hrug , lrasferimenl. fidwa jcw xoghol iellor dwar dawk

l-obbligazzjonijicl Jew th~nturt stock

(p) kutl haga dwar xi hidma, funzjoni Jew hafohra li dwarha

I-Korporazzjoni hi l-awtoriUl. esklutiva jcw li dwarha licenzja minn ,

Jew ftehim jcw arrangament mal-KorpoT3Zljoni hu mehtieg b'dan

I-Att, magMuda t-pattijiel u I-kundizzjonijiel li tahtllom xi hidma

jelY funz joni bhal dik jislghu j$iru, jcw xi etcru:joni ssir jew tin-

ghata, u kull lIaga ohra li ttun mehtiega ;ew espedjenti li tig;

provduta <!war kutl wal'lda milt -im5emmija hwcjjcg

(q) il-pie n;. li rna jkunux ik tar minn mul tI la' ghaxart elef lira

Mahi ja. li pel'5una I; tagh mel real kontra dan I-All Jew li ti ksc: r xi

regolamcO! bis-sahh a ta' dun I· An (iSla' fetid meta tinsab hatja

(r) ku l! haga ohra li skond dan I-All (iSla' jcw hi mehtieta li

ligi prcsk ri tta.

Publication of regulations in the Government Gazet te.

Saving as to domestiewells.

Exemption fmm the provisions of this Act.

Power of en try ror asoxnaining conditions of installations. etc.

SO. Offences rela ting to precautions in the e:JIteUtion of works.

5 1. Offences relating to installations elc. supplied .

Olher offence~.

Re peal and savings.