OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA gth Year No. 15 ADDIS ABABA - 31 " January , 2002 CONTENTS Proclamation No. 268/2002 Water Resources Development Fund Establishment and its administration Proclamation Page 1702 PROCLAMATION No. 268/2002 A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE WATER RESOURCES DEVELOPMENT FUND AND ITS ADMINISTRATION WHEREAS , in order to enable the population to be sanitation services it is necessary to enhance and strengthen water supply and sanitation services ; WHEREAS , in the course of the development efforts to ensure food self sufficiency irrigated agriculture being one of the activities which deserves particular attention it is neces WHEREAS , it is proper to centralize the money objectives and to create ways and means whereby everyone may benefit from it fairly and equitably , it is necessary to establish a water resources development fund ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution of the Federal Republic of Ethioia , it is hereby proclaimed as follows : PART ONE General 1. Short Title This Proclamation may be cited as the " Water Resour ces Development Fund Establishment and its Adminis tration Proclamation No. 268/2002 . " 2. Definitions Unless the context requires otherwise , in this Proclamation : Unit Price canllawArchive.com INegarit GPOBox 80,001 The African Law Archive - No. 15 31 January , 2002 – Page 1703 1 ) " Water Resources Development " means for the purposes of this Proclamation irrigation , water sup ply and sanitation services ; 2 ) " Region " means a region designated by Article 47 ( 1 ) of the Constitution of the Federal Democratic Republic of Ethiopia including , for the purposes of this Proclamation the Administrations of Addis 3 ) “ Sanitation ” means to obtain Water which conform with acceptable quality standard by treating sewage emanating from house holds , industries , commercial undertakings and from similar other undertakings ; 4 ) “ Irrigation ” means any irrigation development that enable someone to cultivate land for farming and grazing purposes ; 5 ) “ Water Supply ” means treated water of acceptable standard used for drinking and other uses ; 6 ) “ Board " means the Water Resources Development Fund Board ; 7 ) " Institution " means government urban water sup ply service providers and organized farmers engaged on irrigation development ; 8 ) “ Minister " and " Ministry ” means the Ministry and Minister of Water Resources , respectively . PART TWO Establishment of the Fund 3. Establishment 1 ) There is hereby established the Water Resources Development Fund ( hereinafter “ the Fund ' ) . 2 ) The Fund shall be a permanent source of finance and shall be used to implement the objectives of this Proclamation . 4. Objectives The Fund shall have the following objectives : 1 ) to enable institutions which are engaged in the provision of water supply and sanitation services to be fully self sufficient in the provision of reliable and sustainable water supply service to the com munity ; 2 ) to make significant contribution in the course of development efforts directed towards attaining food self sufficiency by expanding and ensuring the sustainability of irrigation development : 3 ) to create favourable conditions for the realization of the objectives mentioned in Sub - Articles ( 1 ) and ( 2 ) of this Article and thereby grant long term loans on the basis of the principle of cost recover . 5. Sources of the Fund 1 ) The Fund shall be collected from the following ( a ) grants and loans from foreign governments and international donor agencies made in connection with the objectives of the fund ; ( b ) _budgetary allocations by the Federal Govern ment ; ( c ) from other sources . 2 ) The money mentioned in Sub - Article ( 1 ) of this Article shall be deposited in the bank account opened in the name of the Office for the purpose of the Fund by the Ministry of Finance and Economic Development . The office may have a foreign exchange bank account . 3 ) The government shall not impose any other ad ditional interest except the interest to be imposed on the basis of the agreement made with lending partners . 6. Release of Money Release of money out of the Fund account shall be effected on the basis of the approved annual work programme according to the directives issued by the Board . sources : * The African Law Archive - No. 15 31 January , 2002Page 1704 1 ) Any beneficiary institution of the Fund shall bear legal personality . 2 ) Without prejudice to Sub - Article ( 1 ) of this Article the criterion laid down under Article 14 ( 4 ) by the Board shall be implemented . 1 ) The Office shall keep accurate and complete book of account in respect of the account of the Fund . 2 ) The books of account and financial documents of the Fund shall be audited annually by the Auditor General or by other auditors designated by the Auditor General . The audit report shall be submitted to the board within six months of the completion of the fiscal year . PART THREE Administration of the Fund 1 ) There is hereby established the Water Resources Development Fund Office ( herein after the Office " ) having its own legal personality . 2 ) The Office shall be accountable to the Minister . 10. Head Office The Fund shall have its Head Office in Addis Ababa and may have branch offices elsewhere in the country as may be necessary . 11. Powers and Duties of the Office The Office shall have the followng powers and duties to : 1 ) follow up and ensure the proper implementation of decisions and directives of the Board : 2 ) Maintain the accounts and records of the Fund ; 3 ) keep all records of meetings of the Board ; 4 ) grant loans out of the Fund by evaluating the annually submitted requests and by setting priorities on the basis of the criteria established by the Board for granting loans ; 5 ) make timely collection of repayment of loans and all money to be collected from sources mentioned under Article 5 , and follow up and ensure its entry in the account of the Fund ; 6 ) submit policy recommendations to the Board regar ding the Fund ; 7 ) own property , enter into contracts and sue and be sued in its own name . 12. Organization of the Office The Office shall have : 1 ) Water Resources Development Fund Board ; 2 ) A General Manager to be appointed by the Govern ment upon the recommendation of the Board ; and 3 ) The necessary staff . 13. Members of the Board Members of the Board , including the Chairman thereof , shall be designated by the government with their number to be determined as may be necessary . 14. Powers and Duties of the Board The Board shall have the powers and duties to : 1 ) administer the Fund ; 2 ) issue directives on the procedure of collection of the Fund and withdrawal and payments of money from the Fund ; ensure the timely collection of money due to the Fund and their entry in the account of the Fund ; 4 ) without prejudice to Article 7 of this Proclamation , set criteria for granting of loans ; 5 ) evaluate the audit report of the fund ; ensure that adequate measures are taken in accordance with audit reports and shall see to it that the audited annual reports are completed and made public ; The African Law Archive – No. 15 31 January , 2002 – Page 1705 6 ) seek ways and means for the growth of the Fund ; 7 ) advise the government on policy issues related to the Fund . 8 ) review the annual work programme and budget of the office and submit to the government for ap 9 ) recommend the General Manager of the Office for appointment by the government . 15. Meetings of the Board 1 ) The Board shall have regular meetings every three months , provided however , extra ordinary meetings of the Board may be held at any time when called by the Chairman . 2 ) The quorum shall be constituted by the presence of more than half of the members . 3 ) All decisions shall be made by a majority vote of those present . In case of a tie the chairman shall have a casting vote . 4 ) The Board may , without prejudice to the provison of this article , adopt its own rules of procedure 16. Powers and Duties of the General Manager 1 ) The General Manager shall , in accordance with the general directives issued by the Board , plan , direct and administer the activities of the office . 2 ) without limiting the generality of Sub - Article ( 1 ) of this Article , the General Manager of the Office shall : ( a ) exercise the powers and duties of the office specified under Article 11 of this Proclamation ; ( b ) employ and administer the employees of the office in accordance with directives to be issued by the Board following the basic priniciples of the Federal Civil Service Law ; ( C ) prepare and submit to the Board the annual budget and work program of the office , implement same upon approval ; ( d ) effect expenditure in accordance with the approved budget and work program of the office ; ( e ) represent the office in all its dealings with third parties ; ( f ) perform such er duties as may be given to him by the Board . 3 ) The General Manager may delegate part of his powers and duties to the employees of the office to the extent necessary for the effective performance of the activities of the office . 17. Budget 1 ) The budget of the office shall be allocated by the Government ; 2 ) The fiscal year of the Fund shall commence on the 1sday of Hamle and shall end on the 30th day of Sene . 18. Books of Account 1 ) The Office shall keep accurate and complete books of accounts with supporting documents . 2 ) The books of accounts and other financial documents of the office shall be audited annually by the Auditor General or by the person designated by him . The result of the Audit report shall be presented to the Board within six months following the end of the fiscal year . * The African Law Archive - No. 15 318 January , 2002- ~ Page 1706 PART FOUR Miscellaneous Provisions 19. Inapplicable Laws No law shall , in so far it is inconsistent with this Proclamatin , have force or effect in respect of matters provided for by this Proclamation . 20. Effective Date This Proclamation shall enter into force as of the 31 " day of January , 2002 . Done at Addis Ababa , this 31 " day of January , 2002 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA AfricanLaw Archive.com * The African Law Archive *