REGULATING DRINKING WATER AFFAIRS LAW
Section 1:
This law may be cited as the (Regulation Drinking Water Affairs law in Jerusalem Governorate) for the year (1966) and shall come into force on the date of its publication in the Official Gazette.
Section 2: Definitions:
In this law the following expressions and terms shall have the meanings hereunder assigned to them unless the context otherwise requires:
The Minister : The Minister of Municipal & Rural Affairs.
The Undertaking : The Water Undertaking established under this
law.
The Board: The Board of Directors of the Water Undertaking
The Governor: The Governor of Jerusalem.
The Municipal The Council elected or appointed in accordance
Council: with the valid municipalities law governing
municipal affairs, or
the Village Council of Kafr Malek or Jerusalem
Municipality, participating in the Water
Undertaking.
The Authority: The Central Water Authority established under
law No. 51 of 1959, or any successor thereof in
accordance with any law that replaces the said
law.
The Water Area: That part of Jerusalem Governorate comprising
the group of municipalities in each of the
following phases:
The First Phase: Ramallah area comprising the Municipalities of
Ramallah, Al Bireh, Der Dibwan and the Village
of Kafr Malek.
The Second Phase: Ramallah and Jerusalem areas- comprising
municipalities of the First Phase, the village
of Kafr Malek and Jerusalem Municipality.
The Third Phase: Ramallah, Jerusalem and Bethlehem areas
comprising the
Municipalities of the First Phase, the village
of Kafr Malek, Jerusalem municipality, and the
Municipalities of Bethlehem, Beit-Jala and
Beit-Sahoor
.
Section 3: Establishment of the Undertaking
There is hereby established an Undertaking to be called " Jerusalem Governorate Water Undertaking " entrusted with providing the residents of the area, at all times with all their needs of water for drinking, domestic and municipal purposes.
Section 4:
The Undertaking is a civil establishment, financially independent and it may purchase, rent or acquire all that it needs.
The Undertaking is considered a person in law, and as such, it may sue or be sued, or delegate and appoint whomsoever it may wish to represent it in judicial proceedings.
The Undertaking shall be directly linked to the Minister, and otherwise shall be independent of other municipalities, ministries or departments.
Section 5: Members of the Board
The Undertaking shall be supervised by a Board of Directors whose number, manner of election or appointment, tenure of membership and other matters pertaining to them, shall be prescribed by regulation made by the Minister, approved by the Cabinet and published in the Official Gazette.
The first phase referred to in section 2 above shall take effect on the date this Law comes into force.
Upon receiving an approval in writing from the Municipal Council of Jerusalem and the Municipalities of Bethlehem, Biet Jala and Biet Sahoor, to participate in the Undertaking, the Minister shall decide on the date and the manner upon which the Second and Third Phases referred to in Section 2 shall take effect, and such decision shall be published in the Official Gazette.
Section 6: Transfer of Water Financial Allocations and Certain Powers and Materials.
All unutilized sums allocated to water affairs shall be transferred to the Undertaking from the municipalities, which are participating or may hereafter participate in the Undertaking, and all moneys due to these Municipalities at the time of participation in the Undertaking, and all moneys due to the Central Water Authority in respect of the Ein-Samia Project, shall be deemed as being directly due to the Undertaking. The ownership of all materials, equipment, constructions and registers connected with water projects shall be transferred from the participating municipalities, and from the Authority in respect of Ein-Samia Project, to the Undertaking. The Undertaking shall be responsible for the operation, maintenance and management of these projects.
Save what is provided in par. ( 4 ) of this Section, all powers, responsibilities and functions now vested in any government facility, or in any other establishment, or in the municipalities which are participating or may hereafter participate in the Undertaking, with respect to providing the residents of the Water Area with their needs of water for drinking, domestic and municipal purposes, shall be transferred to the Undertaking provided that the acquired water rights pertaining to the residents of Kafr Malek, be observed.
All obligations and liabilities of the municipalities which are participating or may here after participate in the Undertaking, in respect of water affairs, and all obligations and liabilities of the Authority, in respect of Ein-Samia Project as provided in the agreement made between the government of Jordan and the International Development Agency on December 12, 1963, and the additional agreement attached thereto, shall be transferred to the Undertaking; and the Board shall be responsible for these obligations and liabilities as if had been directly bound by them.
No person save the Authority, has the right to develop new water resources for supplying any city, municipality or village in Jerusalem Governorate with its needs of drinking water. The Authority, after completing the development of the new water resources, and the implementation of the affiliated projects shall transfer the ownership of these projects to the Undertaking.
Section 7: No member shall Make Capital out of the Undertaking
No member of the Board, or any of the Undertaking employees shall make capital out of any of its projects or its expenditure or its contracts, or work in such a project or gain any advantage therefrom, save what he is paid as a salary or gratuity in accordance with this law or any regulation made thereunder.
Section 8: Exercise of the Minister's Powers
The Minister shall exercise his powers prescribed in this law and in the regulations made thereunder, at the recommendations of the General Manager of the Authority.
Section 9: Appointment of the Manager, his Qualifications and Powers .
The General Manager of the Undertaking shall be a graduate of a recognized engineering college and must have practiced the engineering profession for at least five years. He shall have practical experience in drinking water affairs for at least two years, or he shall be a university graduate specialized in management, and had practiced companies' management for at least three years.
The General Manager of the Undertaking shall be appointed by the Board and such appointment approved by the Minister, provided that he attains the Qualifications prescribed in par. (1) above.
The General Manager shall be charged with the following powers and duties, and with any other powers and duties as the Board may deem necessary to fulfill the aims for which the Undertaking was established:
To maintain liaison between the Undertaking and the government departments, municipalities, villages corporations and persons.
To prepare the annual Balance Sheet and to present it to the Board for examination and approval.
To manage employees affairs and be fully responsible for the carrying out of the policy, projects and decisions which the Board adopts or decides on. He shall be also responsible to maintain diligence, cooperation and harmony between the Undertaking divisions, and to establish and keep records of its expenditures, revenues and works.
To examine and approve of the interior and exterior water installation plans, pertaining to buildings and constructions erected in the Water Area, to require any amendments thereon, and to make sure as much as possible that the materials and appliances used in these installations conform to the conditions and specifications.
Section 10: The Powers and Duties of the Board
The Board shall be entrusted with the following powers and duties:
To lay down a guiding policy for the Manager to observe in performing his work.
To review and approve of the Undertaking budget before referring it to the Minister for approval.
To revise and approve the Undertaking work programs and projects.
To take all measures to carry out projects for which allocations had been made in the Undertaking's budget, or for which money resources were made available.
To prescribe subscription fees, services charges, water tariffs for consumers and collection procedure, by regulations to be made by the Council of Ministers, with the aim of enabling the Undertaking to be financially self-independent.
To prescribe specifications and conditions of materials and appliances used in interior and exterior water installations pertaining to buildings and constructions erected in the Water Area.
To prescribe conditions and qualifications of persons responsible to carry out interior and exterior installations pertaining to buildings and constructions erected in the Water Area.
To prescribe the personnel regulation for the Undertaking employees.
Section 11: Water Installations
No person or establishment shall design or carry out interior or exterior water installations pertaining to buildings or constructions erected in the Water Area unless permitted to do so by the Board with the approval of the Minister.
Section 12: Participation of Municipalities and other Villages
The Board may agree to any municipality or village in Jerusalem Governorate, other than those mentioned in section (2), to participate in the Undertaking and to supply it with its water needs if so requested.
Section 13: Cooperation with other Ministries and Establishments
The Undertaking, through its manager, shall act, as much and as speedily as possible, to implement the provisions of this law in cooperation with the ministries, government departments, municipalities, persons or groups of persons.
The Undertaking shall consult the Authority in all technical matters and in every matter connected with its financial and administrative policies.
The Undertaking may manage and maintain all its projects, installations, and equipment in its own workshops or it may utilize the services of civil and government establishments as the Board may deem necessary.
The Undertaking may make use of all available donations, revenues, loans, credits and any other financial resources to carry out its duties; it may also, with the approval of the Minister, borrow by way of mortgage or issue of debentures, or any other way available, including charging the anticipated income of its projects, but it shall not borrow on long-terms basis that may contradict the provisions of the agreement made between the Jordan Government and the International Development Agency.
Section 14: Water Produced by the Undertaking must Conform to the Specifications of the Ministry of Health.
Water supplied by the Undertaking to consumers must be fit for use, and be of a quality that conforms in all aspects to the specifications and standards prescribed by the Ministry of Health, namely bacteriological and chemical aspects.
Section 15: Employees to Submit Guarantees
Any employee charged with expending or collecting money or keeping accounts pertaining to the Undertaking, must submit a guarantee in the sum and manner as the Board may direct.
Section 16: Execution of Contracts, Accounts and Experts
The Undertaking is entitled to execute contracts pertaining to its works, and to carry out these works in any manner it deems fit.
The Undertaking accounts must be audited by a chartered accountant, or by the Audit Department, as the Board may decide with the Minister's approval.
The Board of Directors, with the consent of the Minister, may engage experts or technicians, including consultants for the periods and under the conditions it deems fit.
Section 17:
The Council of Ministers may, upon the recommendations of the Minister make any regulations deemed necessary for the implementation of this law.
Section 18:
Subject to the provisions of the Regulating Water Law No. 51 of 1959, no person shall pollute water pertaining to the Undertaking or add to this water any pollutant matter which the Undertaking announces that it causes water pollution, without the written permission of the Undertaking; and the Undertaking must obtain the approval of the General Manager of the Authority before making such announcement or granting such permission.
Section 19:
The provisions of any law or Regulation shall to the extent they are repugnant to the provisions of this law, be hereby repealed.
Section 20: Penalties
Any person who commits any act contrary to the provisions of Section 18, or commits any crime as provided in regulations made under this law, is liable to imprisonment for a period not exceeding one year, or to a fine not exceeding J.D. 500 or both penalties.
Section 21:
The Prime Minister and the Ministers are charged with the implementation of this law.
2/2/1966
BOARD OF DIRECTORS OF JERUSALEM GOVERNORATE
Made under section 5 of the Regulating Drinking Water Affairs Law in Jerusalem Governorate No. (9) 1966.
Section 1:
This Regulation may be cited as (Board of Directors of Jerusalem Governorate Water Undertaking Regulation for the Year 1966) and shall come into force on the date of its publication in the Official Gazette.
Section 2:
The expressions and terms defined in Section (2) of Regulating Drinking Water Affairs Law in Jerusalem Governorate No. 9 for the year 1966, wherever they appear in this regulation, shall have the meanings assigned to them in the said Section.
(Water Area ) wherever it appears in this Regulation shall mean the First Phase (Ramallah Area) provided in Section 2 of law No. 9 for the year 1966.
Section 3:
1. The Board of Directors of The Water Undertaking shall consist of seven members as follows:
2. The Municipal or village council shall inform the Minister of the names of the persons elected as members of the Board of Directors of the Water Undertaking.
3. The Board shall elect one of its members as Chairman and another as Deputy Chairman to direct its proceeding.
Section 4:
The Board shall convene at least once every month and shall have additional meetings as it may deem necessary for the proper performance of its responsibilities and duties. It may also be convened for special meetings at the request of its Chairman. The Chairman shall send written invitations to the members at their declared addresses, and shall make sure that these invitations were received at least two days before the date of the meeting. He shall set the place, date and time of the meeting and its purpose. He may call emergency meetings at any time, if he deems that necessary without following the above mentioned procedure.
Section 5:
The quorum for any meeting, duly convened, shall be four members. This quorum may take decisions in the name of the Board by majority vote. If the votes were equally divided, the vote of the Chairman shall be decisive.
Section 6:
The Chairman shall prepare the minutes of each meeting and shall distribute it to the members for review, approval or correction at a date not exceeding the date of the next meeting. The minutes shall be kept and preserved as permanent files of the Undertaking.
Section 7:
Membership of elected representative of the Municipal Council shall terminate with the termination of their membership in the Municipal Councils for which they were elected.
5/3/1966