Ghana Water and Sewerage Corporation Act, 1965 Act 310

GHANA WATER AND SEWERAGE CORPORATION ACT, 1965 (ACT 310)
As amended by
GHANA WATER AND SEWERAGE CORPORATION ACT, 1965 (AMENDMENT)
DECREE, 1968 (NLCD 247)1.
GHANA WATER AND SEWERAGE CORPORATION ACT, 1969 (AMENDMENT)
DECREE, 1969 (NLCD 391)2.
LOCAL ADMINISTRATION ACT, 1971 (ACT 359).3
ARRANGEMENT OF SECTIONS
Section
1. Establishment of Corporation.
2. Objects of Corporation.
3. Board.
4. Execution of functions.
5. Meetings of Board.
6. Chief Executive.
7. Corporation to be run on practices in public utility enterprises.
8. Borrowing powers.
9. Assets and reserves.
10. Liability and responsibility.
11. Accounts.
12. Audit.
13. Auditor's report.
14. Regulations.
15. Relations with local authorities, etc.
16. Exemption from tax.
17. Interpretation.
18. Repeal.
19. Commencement.
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itor's report.
14. Regulations.
15. Relations with local authorities, etc.
16. Exemption from tax.
17. Interpretation.
18. Repeal.
19. Commencement.
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ACT 310
REPUBLIC OF GHANA
THE THREE HUNDRED AND TENTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE GHANA WATER AND SEWERAGE CORPORATION ACT, 1965
AN ACT to establish and incorporate the Ghana Water and Sewerage Corporation, to provide
for its functions and maintenance, to repeal the Waterworks Ordinance (Cap. 67) and to provide
for matters connected therewith or incidental thereto. DATE OF ASSENT: 22nd October, 1965
BE IT ENACTED by the President and the National Assembly in this present Parliament
assembled as follows:—
Section 1—Establishment of Corporation. (1) There is hereby established a body corporate to be known as the Ghana water and Sewerage
Corporation. (2) The Corporation shall, by the name assigned to it by subsection (1), be a body corporate
and shall have perpetual succession and a common seal, may sue and be sued in such name and
may for the purposes of this Act enter into contracts and other transactions. (3) The Corporation shall have the power, for the discharge of its functions conferred by or
under this Act, to acquire and hold any movable or immovable property and to sell, lease,
mortgage or otherwise alienate or dispose of any such property.

er this Act, to acquire and hold any movable or immovable property and to sell, lease,
mortgage or otherwise alienate or dispose of any such property.

Section 2—Objects of Corporation. (1) The objects of the Corporation shall be—
(a) the provision, distribution and conservation of the supply of water in Ghana for public,
domestic and industrial purposes; and
(b) the establishment, operation and control of sewerage systems of such purposes. 2

water in Ghana for public,
domestic and industrial purposes; and
(b) the establishment, operation and control of sewerage systems of such purposes. 2

(2) Without prejudice to the generality of subsection (1), the powers of the Corporation shall
include, in relation to all or any of the aforesaid objects —
(a) the preparation of long-term plans in consultation with the appropriate co-ordinating
authority established by the President;
(b) the conduct of research relative to water, sewerage, and connected subjects;
(c) the making of engineering surveys and plans;
(d) the construction and operation of works;
(e) the setting of standards relative to water supply and sewerage in collaboration with
appropriate authorities selected for the purposes of this Act by the President;
(f) the determination of adequate rates, charges or fees, and effective methods for collection
thereof, for water and sewerage services furnished to all classes of users; and
(g) the conduct of other related or incidental activities.

collection
thereof, for water and sewerage services furnished to all classes of users; and
(g) the conduct of other related or incidental activities.

(3) For the purpose of carrying out any of its objects the Corporation may, by its officers, other
employees or agents—
(a) after giving notice to the owner or occupier of any land or premises, enter upon any such
land or premises and thereon dig trenches, lay pipes and do other acts reasonably necessary for
carrying out such objects; and
(b) enter any road or place to which the public have access for carrying out such objects:
Provided that the Corporation shall do as little damage as possible in the exercise of its powers
under this section, and shall compensate for any damage caused by the exercise of such powers,
and the liability for, and the amount of, the compensation shall, in case of difference, be settled
in accordance with the provisions of the Arbitration Act, 1961 (Act 38). Section 3—Board. (1) The governing body of the Corporation shall be a Board.

in accordance with the provisions of the Arbitration Act, 1961 (Act 38). Section 3—Board. (1) The governing body of the Corporation shall be a Board.

(2) The Board shall consist of—
(a) a chairman who shall be appointed by the National Liberation Council,
(b) the person appointed as the Managing Director of the Corporation by National Liberation
Council, or his representative,
(c) the Principal Secretary of the Ministry responsible for the Corporation, or his representative,
(d) the Principal Secretary of the Ministry of Economic Affairs, or his representative, and
(e) three other persons all of whom shall be appointed by the National Liberation Council. [As
substituted by teh Ghana Water and Sewerage Corporation Act, 1965 (Amendment) Decree,
1969 (NLCD 391) s(1) ]. (3) The Chairman and members of the Board appointed under subsection (2)(e) of this section
shall hold office for three years. The appointment of such members may be renewed from time
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Board appointed under subsection (2)(e) of this section
shall hold office for three years. The appointment of such members may be renewed from time
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to time. [As substituted by the Ghana Water and Sewerage Corporation Act, 1965
(Amendment) Decree, 1969 (NLCD 391) (2)]. (a) No person shall be qualified to be a member of the Board who is a member of any assembly
or other body having for the time being authority to enact laws which have effect throughout
Ghana. (b) No person shall be qualified to be a member of the Board if having been declared as
insolvent or a bankrupt under any law in force in Ghana or in any other country is an
undischarged insolvent or bankrupt. (c) The Chairman and the members of the Board appointed under subsection (2) (e) of this
section shall be persons who have had experience of, and have demonstrated competence in
one or more of the following fields, that is to say, public utility operation and practice, industry,
trade, finance, science and administration, and no such person shall be an employee of the
Corporation and not more than one of such persons shall be a person employed by the
Government. [As inserted by Ghana Water and Sewerage Corporation Act 1965 (Amendment)
Decree, 1969 (NLCD 391) s. (3)].

all be a person employed by the
Government. [As inserted by Ghana Water and Sewerage Corporation Act 1965 (Amendment)
Decree, 1969 (NLCD 391) s. (3)].

(4) The Board may pay to its members other than the Managing Director, such subsistence,
travelling and other allowances at such rates as the Minister may approve. (5) So to do of any member of the Board, other than the Managing Director, may be terminated
at any time by the President if he is of opinion that it is in the interest of the Corporation so to
do. The Managing Director shall be appointed for such period and on such terms and conditions
as the President may think fit. [As amended by the Ghana Water and Sewerage Corporation
Act, 1965 (Amendment) Decree, 1969 (NLCD 391) s. (4)].

ditions
as the President may think fit. [As amended by the Ghana Water and Sewerage Corporation
Act, 1965 (Amendment) Decree, 1969 (NLCD 391) s. (4)].

(6) The Chairman and any member of the Board appointed under subsection (2) (e) of this
section, may resign his office by notice in writing addressed to the National Liberation Council
and any such person may be removed from office by the National Liberation Council—
(a) if he becomes a person of unsound mind;
(b) if he is declared insolvent or bankrupt under any law in force in Ghana or in any other
country;
(c) if he suspends payment or compounds with his creditors;
(d) if he is absent from three consecutive meetings of the Board without such reason as would
appear to the National Liberation Council to be sufficient;
(e) if he is sentenced to death or to imprisonment for a term exceeding twelve months without
the option of a fine or is convicted of an offence involving dishonesty;
(f) if he is guilty of serious misconduct in relation to his duties as Chairman or member of the
Board; or
(g) if in the case of a person possessed of professional qualifications, he is disqualified or
suspended, otherwise than at his own request, from practising his profession in Ghana or in any
other country by order of any competent authority made in respect of him personally. [As
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request, from practising his profession in Ghana or in any
other country by order of any competent authority made in respect of him personally. [As
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substituted by the Ghana Water and Sewerage Corporation Act, 1965 (Amendment) Decree,
1969 (NLCD 391) s.(5)]. (6A) Where the office of the Chairman or a member of the Board appointed under subsection
(2) (e) of this section becomes vacant before expiration of his term of office as prescribed under
subsection (3) of this section (as amended) the National Liberation Council shall without
prejudice to the provisions of subsection (7) of this section appoint another person in his place
and to hold office for the unexpired portion of his term of office. (6B) Where it appears to the National Liberation Council that any member of the Board is
unable, owing to his absence from Ghana, or illness or any other sufficient cause, to perform
the duties of his office under this Act, the National Liberation Council may appoint another
person to hold office in his place until such time as the National Liberation Council is satisfied
that the member is able to perform his duties or until the term of such member expires,
whichever first occurs. [As inserted by the Ghana Water and Sewerage Corporation Act, 1965
(Amendment) Decree, 1969 (NLCD 391) s.(5)].

member expires,
whichever first occurs. [As inserted by the Ghana Water and Sewerage Corporation Act, 1965
(Amendment) Decree, 1969 (NLCD 391) s.(5)].

(7) Every member shall, on ceasing to be a member, be eligible for re-appointment. Section 4—Execution of Functions. The Corporation shall be responsible for the execution of its functions in accordance with the
provisions of this Act, being guided by the Minister in matters of general policy. Section 5—Meetings of Board. (1) The Board shall meet for the despatch of its business at such times and at such places as the
Chairman thereof may appoint, so, however, that the Board shall meet at least once every
month. (2) At every meeting of the Board at which he is present, the Chairman shall preside and in his
absence, a member of the Board appointed by the members present from among themselves,
shall preside. (3) Questions proposed at a meeting of the Board shall be determined by a simple majority of
members present and voting and in the event of an equality of votes the person presiding shall
have a second or casting vote. (4) The quorum at any meeting of the Board shall be four. (5) The Board may make bye-laws or other instruments, not inconsistent with this Act for the
purpose of regulating its business or any other matter falling within the scope of its functions.

instruments, not inconsistent with this Act for the
purpose of regulating its business or any other matter falling within the scope of its functions.

(6) The Board may, at any time, co-opt any person or persons to act as adviser or advisers at
any of its meetings, so, however, that no person so co-opted shall be entitled to vote at any such
meeting on any matter for decision by the Board. (7) The validity of any proceedings of the Board shall not be affected by any vacancy among
its members or by any defect in the appointment of any of them. Section 6—Chief Executive. 5

s of the Board shall not be affected by any vacancy among
its members or by any defect in the appointment of any of them. Section 6—Chief Executive. 5

Subject to such directions as may be given by the Board on matters of general policy, the
Managing Director thereof shall be the chief executive officer of the Corporation and shall,
subject to such directions, be charged with the conduct of its business, its administration and
organisation, and with the selection, control, and dismissal of all the staff and employees of the
Corporation and with the determination of their conditions of service. Section 7—Corporation to be run on Practice in Public Utility Enterprises. The Corporation shall cause its affairs to be managed in accordance with the practices observed
in public utility enterprises and in particular shall cause its functions under this Act to be carried
out so as to ensure that, taking one year with another, its revenues are equal to or greater than
its outgoings. Section 8—Borrowing Powers. (1) The Corporation may obtain loans and other credit facilities on the guarantee of the
Government from the National Investment Bank or from such other Bank as the Minister
responsible for Finance may approve.

ties on the guarantee of the
Government from the National Investment Bank or from such other Bank as the Minister
responsible for Finance may approve.

(2) Apart from the powers of the Corporation under subsection (1) of this section, the
Corporation may, with the prior approval of the Minister responsible for Finance, borrow
money from any other source. (3) For the purposes of any technical arrangements in connection with the raising of any loan
under subsection (2) of this section, the Corporation shall, if the National Investment Bank
agrees, use the services of that Bank. Section 9—Assets and Reserves. (1) There shall be vested in the Corporation such assets as may be transferred to the Corporation
by the Minister by executive instrument and such other assets as may be transferred to it by
other persons. (2) The Corporation may receive grants from the Government for development and as working
capital. (3) The Corporation shall establish and maintain by annual payments from its earnings a
depreciation fund for the replacement of fixed assets which become worn out or become
obsolete, and shall establish such capital sinking funds as may be required for expansion and
development financing. Section 10—Liability and Responsibility.

e, and shall establish such capital sinking funds as may be required for expansion and
development financing. Section 10—Liability and Responsibility.

(1) The Corporation shall be responsible for such liabilities and contracts as may have been
incurred or entered into by any other person or authority before the date of the commencement
of this Act in respect of any object of the Corporation and specified in an executive instrument
made by the Minister under this subsection and any matters relating to such liabilities and
contracts shall be carried out on and after that date by the Corporation as if the Corporation
were such other person or authority. 6

liabilities and
contracts shall be carried out on and after that date by the Corporation as if the Corporation
were such other person or authority. 6

(2) The Corporation shall continue in employment any employees of such other person or
authority on and after that date on such terms and conditions as may be fixed by the
Corporation. Section 11—Accounts. (1) The Corporation shall keep proper books of account and proper records in relation thereto. (2) Subject to such directions as to form as the Minister responsible for Finance, and the
Minister may jointly give, the Corporation shall prepare, in respect of each financial year, a
statement of accounts which shall include—
(a) a balance sheet, a statement of income and expenditure and a statement containing such
information as had the Corporation been a company registered under the Companies Code (Act
179) would be required to be laid before the company by the directors at an annual meeting;
and
(b) such other information in respect of the financial affairs of the Corporation as the Minister
or the Minister responsible for Finance may require.

(b) such other information in respect of the financial affairs of the Corporation as the Minister
or the Minister responsible for Finance may require.

(3) The Corporation shall, as soon as possible, but within three months after the termination of
each financial year, submit an annual report to the Minister, in such form as the Minister may
prescribe, which shall include the statements of account specified in subsection (2) of this
section and the Minister shall as soon as practicable lay the report before the National
Assembly. (4) The Corporation shall submit to the Minister such report of its financial affairs as the
Minister may at any time require. Section 12—Audit. (1) The books and accounts of the Corporation shall be audited each year by the Auditor
General or an auditor appointed by him. (2) The Auditor-General shall, not later than three months after the termination of each
financial year forward to the Minister a copy of the audited accounts of the Corporation for the
financial year immediately preceding. Section 13—Auditor's Report.

r forward to the Minister a copy of the audited accounts of the Corporation for the
financial year immediately preceding. Section 13—Auditor's Report.

(1) The Auditor-General or the auditor appointed by him shall report annually to the Minister
the result of his examination of the accounts and financial statement of the Corporation, and
the report shall state whether in his opinion—
(a) proper books of accounts have been kept by the Corporation;
(b) the financial statement of the Corporation —
(i) was prepared on a basis consistent with that of the preceding year and is in agreement with
the books of accounts;
(ii) in the case of the balance sheet, give a true and fair view of the state of the Corporation's
affairs as at the end of the financial year; and
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(ii) in the case of the balance sheet, give a true and fair view of the state of the Corporation's
affairs as at the end of the financial year; and
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(iii) in the case of the statement of income and expenses, gives a true and fair view of the
income and expenses or profit and loss of the Corporation for the financial year;
and the Auditor-General or the auditor appointed by him shall call the attention of the Minister
to any other matter falling within the scope of his examination which, in his opinion, should be
brought to the attention of the National Assembly. (2) The Auditor-General or the auditor appointed by him, shall from time to time make to the
Corporation or to the Minister such other reports as he may deem necessary or as the Minister
responsible for Finance or the Minister may require. Section 14—Regulations.

e Minister such other reports as he may deem necessary or as the Minister
responsible for Finance or the Minister may require. Section 14—Regulations.

The Board may, with the approval of the Minister, by legislative instrument, make
regulations—
(a) in respect of such matters as are required under this Act to be prescribed;
(b) fixing water rates, sewerage charges, and other fees necessary for giving effect to any matter
specified in this Act;
(c) for the prevention of the waste of water;
(d) for the suspension of water supply;
(e) for the prevention of the pollution of water;
(f) for the inspection of any appliances whereby or in connection with which water is supplied
or sewerage systems are established;
(g) for the conditions of service of the staff of the Corporation, including conditions for the
establishment of a Provident Fund or Pension Fund Scheme; and
(h) for any other matter for carrying out the principles and provisions of this Act. Section 15—Relations with Local Authorities, Etc.

und Scheme; and
(h) for any other matter for carrying out the principles and provisions of this Act. Section 15—Relations with Local Authorities, Etc.

(1) A council within the meaning of the Local Administration Act, 1971 (Act 359) shall
exercise any object conferred or deemed to be conferred under that Act, subject to such
directions as may be given by the Corporation, if such object is connected with or incidental to
an object of the Corporation specified in section 2 of this Act.[As amended by the Local
Administration Act, 1971 (Act 359), sch. to s.118]
(2) The Corporation shall have preference over other authorities in the use of water resources
for public, domestic and industrial purposes and if there is any doubt as to the meaning of the
expression "public, domestic and industrial purposes" in section 2 of this Act, such doubt shall
be resolved by the Minister whose decision shall be final. Section 16—Exemption from Tax. The Corporation shall be exempt from the payment of income tax or any other prescribed tax. Section 17—Interpretation. In this Act unless the context otherwise requires—
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be exempt from the payment of income tax or any other prescribed tax. Section 17—Interpretation. In this Act unless the context otherwise requires—
8

"Corporation" means the Corporation established under section 1 of this Act;
'financial year' means the financial year of the Government. [As substituted by the Ghana
Water and Sewerage Corporation Act, 1965 (Amendment) Decree, 1968 (NLCD 247) s. 1]. "Minister" means the Minister to whom the functions under this Act have been assigned by the
President. (1) Notwithstanding anything in the principal enactment before the commencement of this
Decree the period beginning with the commencement of the principal enactment and ending
on the 31st day of December, 1966 shall for all purposes be deemed to have been the first
financial year of the Water and Sewerage Corporation. (2) For the purposes of the definition of the financial year of the said Corporation as substituted
by paragraph 1 of this Decree the period beginning with the 1st day of January, 1968 and ending
on the 30th day of June, 1968 shall be deemed to be a financial year. [Inserted and to be cited
as Ghana Water and Sewerage Corporation Act, 1965 (Amendment) Decree, 1968 (NLCD 247)
s.2]. Section 18—Repeal. The Waterworks Ordinance (Cap.

be cited
as Ghana Water and Sewerage Corporation Act, 1965 (Amendment) Decree, 1968 (NLCD 247)
s.2]. Section 18—Repeal. The Waterworks Ordinance (Cap.

67) is hereby repealed:
Provided that any statutory instrument made under that Ordinance, and in force on the day
immediately before the date of commencement of this Act shall, until such instrument is
amended or rescinded, continue in force under the corresponding provisions of this Act. Section 19—Commencement. This Act shall come into force on such date as may be fixed by the President by legislative
instrument. 9