Sikkim act 008 of 1986 : The SIKKIM WATER SUPPLY AND WATER TAX ACT, 1986

GC\iFRr\P4fNT

SIKK M

EXTRAORDINARY

PUBLISHED SY AUTI{ORITY

G AZETTE

No,¹⁰⁴

Gangtok, Mnrrday, Septernber 15, 1986. No.8/LD/S6

COVERNMENT OIT SIKKIM

LAW DEPARTMENT

GANGTOK

NOTTI T('A'I]O\ Datcd lbe 8th Scprerubcr, t986. The following Act of the Silkim I cgislative r\ssenbJy lrrvirg received the assent of the Governor on the 6th day of Septenrber, i986.ishereby published for general information:-

TFIE SIKKIM WATEI{ SUPPLY AND W,{'IER TAX ACT, 1986.

( ACT NO. 8 0Ir 1986 )

AN

ACT

to provide for regulalion olthe supply of$,ater. r'ealisation of charges for supply ofivater a11d tax on waler and for natters colnected therewith or iocidental ihcreto.

Be it cnactod by the Legislature of Sikkim in the Thirty-seventh Year ol rhe Rcpubiic ol lrrdi: "" follows:-

1. (1) This Act may be called the Sikkim Water Supply and Water Tax shatt title, extent Aar, 1986. nd connencehenL

(2) It extends to the whole of Sikkirn.

(l) It ,hall come inro force on such dare. as the Srcre Corernmerri may, bv notihcaLion il]^the Official Cazctte. aoooint and differeo( dates niay be appoinred for different ateas ind'fot difierenr provjsions of this l\ct'

2, In this Act, unless the context orherwise reqlires,' Definitla t.

(i) 'area' means the area declared by Government by notiflcation to be an arca for the purposes of this Act;

(ii) 'Governn]ent nrajn' meads the water pipe lines owned and mailit.rincd by the Govcro meilt;

(iii) 'Consunrdr's ai[' neals rvirto! pipe li]1es which connect Govelnirent main wiih the coirsurncr's piemises and includes service pipe and intemal pluurbing lines of the consumer's plEmlses;

(iv)'Competent authority' means the Chief Engineer-cum-Secretary, Buildings. Public Ilealth Ergineeling and l{ousiflg Depart- n]ent ofthe GovernDeut or any olher olicer authodsed by him in this behalf;

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/\,,cor._nter.mea- dl]V

supply fionr ,lr. c^,.1,Lii,ll Pe.ir:i rh' leircllr of-n) urler f\i. norihc?rion. rehns,i Gazelie. notification publisherl in the Ofhcial rvlt) .notihed ordet.. tneans cazette: gny or.der published in the Oflicisl

(vl1t) 'occrpier, in relation to any pren.lises, nleans _(" anl per'ott itt occ,,u:rron or,r,. n "l i.., or farr thereol. p'r)iI'g or liJl"le " lLl lll'.":he o\r'ner in recpecr orsuch preI.i\e( ^r p:rn ot tile prc.ni(C-,. (b) ..n o'r|er \\ho:c ir oLc-p, ri, rr olrhe pre,ni.".. (c) .r lenart ollhe prerriseo uho,.

"_"

n,p,i"J-t:oir-p"yn,.n, ot .j :r licerr,ec uho iq i. occ. pr.ion oIrhe prerrrisc,:lrrd le\ en1 per.un r"ho .. .iaoi. ro i,) -..;.;t; ;;. ,r,.,,1*..,';r,respect of usc afld .j ,ir, .orrner. ir ;"",i"; ;;'-;::l,.lr' n orIl'1c r':e-,i5e5:

cc.rc, rhe re,i oi rh. .l',j 1 ""*' r'r'' .rr' rll. l er\or' \\ ho re- ..".i;.'i;. ;;,;i# ti; ll;;',|::'.'il:i."iI j1:,.::,lii f;,::ll** :G) ar.r .gent or t(ts1ee, q iro 'cceives

,*[;;;,';; ;il]f ;;;.ownel; u

i,,i,;:!ili

onlJ,1liiii"l.1'".I.1: t':: le ,e rr or. .rr i5 e.1Lru.led ;,:;;i";ifi;","*rJl or crr) prenrr(es cle\ oted to retr.gious

fc) a receiver or fltaitare

lenr iuri'dicrion,.-hL:lf:;n':d^by irr) cour[ of conoe- tigiti;,i il;";ili #ve

lre chirrse of' o'to exercise ihe

,d, i morrsasee,n-n".*,rl::fit't'l^the 'aiJ pretni:cs: and

(x) ,prescrjbed, means piescr.ibed by the.nrles ,1adc under this Acr; (xir 'connection point. llenns I .. joincd *i,1, il":".i11i.,,1i,1. j'r:li' "u'= curcrp11s111 n.r1n' 't (xii, 'water works.trteans c lxk *h"rh"r.or"rJ-Ji n;e;".i l:irl:lc cr\nir. cl.reln. ranl. duct. h),1.;;i. ;;;;,;;yuPi;rr;rurr.. rrrarl' r'rile! cur\cns encina

Usec t.'r 5rpp,ynp *n,.,. '"Idi"4 n''hiIc lor 't'prlrtiiiE oi

:ll:JF;,^"

;; "'li i j*, :' i;'"'3:' Jl'f,',i:,', ;,i l,i::,,,;'[fl :';: -"'',;i

;':i,l'l:; Ji.'ll;ll;,3:,,l:l-"' corrsL rrrcr rxa in sta rrins rro,r ,pr,j,he p"lnj'i; ."tje':.1:11 Jotnc .the'Corerrttnenimain' rnrLalled ' "rll\ul'lel n attt uhere water metel i.

(l) The. Goverlment may Droliduholesome uatcr foi pi,ujl.. i"1i^Lll^ile-a w,tb a.water suppiy of po ;es sui'iecr r",;i irir,liv

"i*iiiJnrercra l dofl eslic and orhli pur'

(2) For the purposc of 5uch luDnlv rhF r.:^, -.,...^-. -, ,, conslrucled or mdintained '''b[ 'll:"S:'^1lll^ent

n

.,r,nur

.r."i iiiii;i;;;,.#ii,li_;',J,l,tll, "iolt{. ?i, iiiii,i"ir, ,'il",,,_:-,-,^._lfe"suTpryolqatcrtorrl.rrcsric.l-rrr.losrc

undcr this Act rneans sUpfily lor il y put.nose el

,ar rn,' rn) .radc, nrrnuhcrrrr.e:: ;jl:::.1"-'"'

nrtncll:-

lbl I", .r"19.:r, or for. pur.poses^of irrigatloi, (c. for br,ilding pLrrposes includirg conslrucrion of rrr""t. lo' lo.r Iountoins. swjrnm,np pool(. prroiic fo,f,) or-r^,r1.,", r", ,.,ornamcntdr or nrech.Lnicai prrpore.. - ur rur :l]

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(e) for aninals, where they are kept for sale or. hire or for the saie of tlrcir produce,

(f) lor tl)e consumptroD cnd use at a restaurant or by inlnates ofahote. borrii69l6;.e o. re.id"rrr,oi ciJb. "'"' ' '" '''"',gl [or.tl]c cot .r.nt11ti^ rrd u.e h1 1e,.sons resol'tirr! the lhealres and cinernas

(h) for watet.ing streels. ol.

(i) Ior washing velicles where thcy are kept for sale or hire. 4. No person shall, use or allow to be used wateruupply ,un"tiorrd fo, ur" for dom€stic pulposcs or tor any other p"rp"ii -JiJi,it" *itii"tj]'"'#'u"r,approval of the co rpetent authority.

5. fl An :r1'l.licrriurr I,,r .rpp11 ut wtler sholl bc urade jn the frercnbed Iori ar Lt

7. (l) Th^e-competent authodty may cut off the water supply from any . protlt1ses"- fa) ifany fee, rental) cost of tvater_ or any charge or olher sunl due under tbis Ac[ i! not pard by lhe consJmer witbin the period ofIifreen days afrer reccipi "i; i;iI i;; il;';;;il;i *' *"'

ah. a.frer rhe rcceipr of .r \^ rittcu. notjce fl.otn the compelent autbo. rir) i.eqrir-c bi.r ro refrain f.on i"',i"-i"g,"it.-"inl'u*", colrtinues to use the water or peruits rhe

""rfi" i"- rr" ,iria i"corrtravcurion ol rhe prorisioni ollhis Acr oi iny-.rfe." maCethcr e]lnder' nr ,cr il lhe con( riner Llar,,!cr or cau\e-s to be damaged thc uater-lCIer Or irn) connectton pipe or ferrule": or. - (d) jl the consurrer reluses ro adrnit any offcer, or bis employee, of ll: !-l:".ll,l:^. gllyaurhoriscd birhe a;;n;r.-;; ,iiir.,,,iy i^ Ijr\ r,crr I lro LDe prelnl5cs\\hlcir he propo.es to errterfor-the provided thar the coDrpetent aulhorjty may Nithdraw such \Lr.\lriy I any rir.te i[ it con_,tdcrs necesrcry j,] to do jn or.der to - ,rainlrin rumcienr suf,ply ofwrrer Tor do,r'.";; i;rp*";. "'-(3) The_ srpply of water for.the plrrposes of watering)awns and gardens shall bc made or1 meter: basis or il such other rninner unJ o_"o -puy_ ment of such charges as the cornpetent *,tti"i;f i!'a"iiin]i,i.. (4) No person shall, without the prcrious written perm;ssion oftlecorrpetent authorit\,. use water supply under ihis ,{."i ioi u"v"'pu"pose othcr than thai ior which it, ,ii i, 'rir"t.i ila. ' 6. (11 -)o

o$rcr or,lcc-nier of arl p|crnise. to uhich \raler is suoolied bv tuahibition at wan rrlc L,(rv(r-nrtellt \najt cll.j\e or.utler an) waler to be qiifed, oi. tageol"atei. crusc or sufler rhe ser.vice pipe, rap, ottreL htting-oL "ivoit'""iii"t"a

rhere,^,lh 1o rern.,ir, o,rl ojrep:ir.o r. 1o "au..-rlrlrge;i;;i;;:'"r2' \h;11lf9rurnpereni aulltorirJ ha. r..e.on lo belie!e rhar a, a resutr ol oelcct ln lnC :ervrcc nI\e. iap. olher ltring Or uOrk COnDected rhcrervirh. r,. rcr.i. beins urasrcd. ir ma). bJ a iriir", noil"". iiiri..rre cori\utner ro lepilr 4nd ntJkc gooJ the delecr wirhin sucb iimeas lnay be specified il] sueh notice.

(3) If^such.repair is no1 carried oLt wilhin the tinte specified in the notice ::l:lii! ,9 in (r 1.\ecrio,r,ri,. lhe cnnrperenl ur,h.ii,v ,ov,''"iiirorrIlcruolce tn Jn\ aCtron uhr.h^ m1) he taken agairsi rhe-COnSUmer unocr auy othe; pro\ j.iun: ol'rhii ecr. ."rr. ,r?l- "p#io't iluo.an.l recover the cost of.uch repair fiorn the consum;r. Woter suppl; lor

dantestic turroses not

Sutply of wotet far

puryases othet than

water uply, '

Di.trysal af applica- Expenses ri connec"

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purposes of executilg tny wot.k or plircj1]g oI relnoving aDy apparalus or ol making any ex.winariorr oi ir.rui,:l i"o'c6nr.o tio1.r wirh rhe water sulp1y ol pr..

"nti ,rny iiiJfl"imiJ.

".

rr;,ernployee, lrom executiog'cr1 $ ork or pl;;iug-;; r.'."ouing urry apparatlrs or making such other erarniriation "or inqriiy; o, (e) if thc servicc DjDe or. l ' i r," ii.,. i a ; rE J ;o

"

i ii.',.?,?"l i,l,]'[; il,,,J&.."i :i,lh:"i:::iig ment

^duly

authorised in rhjs belialt

-or

by liii irplot"-, to t"out of repair to such dn_ extenr u, ,o "urr"iriiiug" iii"rtoIll:-ration of water and jnniediete pr"u"niioi- 'ih"ieof t.necessary; or f ,lthc cor.unr.r (dl,\e:.or dJ.o\{! ro be c-u..d the serrice prpe or any tap or othei fitLing:,or work connecte

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-N9 i.llof raken ..nCer.,or:n pur.-.arce ( i.-hi,.ccrion sh"ll reliere it per.ol] I otn any pe.ilt\ or l."bilrtl \\hich bc nra) lrre othinriserncurred under rhe o'.,,vi.:ons ol lbi; Acr or rlc iulci n.Ji,f,.r. u nder.

rJr Thc co rpcrerrt a.urboriry nra) orcler rctonrrecLion ot sltff,l) ol uJterdl)connected urrder .uh .ccrion l on layment ol ruch' cliarees and on such terms and conditions as may bi prescritiO----' '"*.- l;^].h"_-::_i!"lsl,aurholir) nra.). ^on rrce.pr of rn,pfticalion by rhe orrner

-9]^1r,)_ ?i"-,1]:::

rn,rbe pre,cribcd lorm rnd n.anrci cnd on eiccuiior ofa

_"-.^:

,]l-,i-.lr1r.!i,?eo rorm. arra pe lcr-.upply of ualer tronr rhe Corern_ rrenl n'ta,r or drstl.lbutron ptpe to l)in" for donre.tic purposcs 61 161-6,1.ra, nrrrpo\es n 5uch oudnriries a. ir n.ry deerr_re. sonable.'anb n,i1-ir'"iny rime rimir the arnoJnl of rrorer lo be so .upp ied

"

r,"r",

"i:, .oi.io.iJ ,i..ilJury ,o

9. thecon,petenl.auliloril) 5hrll ordirari 1 d,.pose nI an applicarion rorsr,ppt) ol \\aler 'ljrhir one onrh fronr rhe rlari ot irs rcceifr,and ii shall fecord reJ,on. for nor beinc j,hle lo. oicpo\e oi on. ppii.^ i"on'"i,t in on.rnontb and cortr'.. nicalc the iame to thc opplicanr. I0. ,l , Whq11 t,he requc.r oi tlle rpplic"nl for grant ol ualer .unDlr is itccepleo F\ lhc .o0.0 letil,aulhority trnder sc.rion S ot seciiLri l,rhe per.orr .o -pptyi,rg ,ha l. c r hi.'orn rr' co.i. -fi", ,0"' ,ii'l!" i..pipe ard rlling. and ca.rse ro.be corrieo ouiiit ioir, -ni Iui'int uno applying such serrice pipe and lirrilg i" rUi'p."rir.i ior'*iiii U.water s.rpply is .ancLi6n.),d. - provided tliat the conrpeteut authority may order to be Ildertaken the work ol iayr:rg ot servlce pipe, at the consumer,scosr in cerrain arca. uher.rhicon,p.,;;i ;;i;;;y 'iir'iJ"rt, ,obe recorded in uriling. deenrs it nccessarl so to do,

t2) Therharger for giring jnitial connecliorl ,hall be not jcss rhan one

liilff:::

.r*.. and nor more rhan n\e hundrcct ,rp"ir"o,'rny rr.

11, (1) The.sarrction permittirg supply of \\ater under thjs Act shall be valid lor a period of six moirihi rro,o rl.,i arii ofitr'lirrj. i*i,lr tfr"person jn whose name such sanctjon rs issued lails to g"t-frii'paa,

nri,es fi.trd rvirh oine. 1.,, necc,,,1r) .onn"Jion, uiiU"n ',t,"',n,operiod of sir, norirh. or ,,,.ii'"i,."ai,r-ii,r"l'."'[,.y'ii'irr"'i1.. :r.rhc cornpercnt .rurhq1,1y. 11.r. 0",:,i;,0,i Gtt ';;rd"'";;;"i; ,

tnoTerdlt\ e;

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Provided that the sxnctiolt uhich 11]ay becorue inoDerative may be revalidated lor a further period not e\ceeding threeironths on paln,elt oi.' lee oI rupee. l\\gnly fi\e.

12. Ifat an_y time, suppiy of water is proposed to be stopped for rnore than t*ent5 lo.rr hr -rs in an) local are! or io rn5 premi.e,, rhe competenl dulho- rlt) nla) b) grvinglweni) lburlrorrr: oral or\\ri en nolice. inbrm lhe local a.rthoriry and rhe inhabitanrs ol:uch loc"l aret or the ouner cf such prenri_

ses, as the case may be.

13. The Govcrnment may lay or carry anypipes, for rhe purposes of arrargirrgornrarnrai,ning,supplyof"arer.rhrough.acro..,rrderorb,erunS road or.lreel or J place laid ntr a.. or intcnded to be laid orrr as. a road or street or any _other place undcr the control of a local authorily or any person, and rndycr "li 1inte. do lll acr: -nd lhin!. uhich .ay li" necdsj"ry o.e_tpcdicnr lor repairing or nrainrainrng .uch pipes in ani effecrire srrrj for lhe purnose lor \hich thc sanre nt-) be used :

Provided that such \r'ork shall be carried lvith ieast anl1oyanco to the

public and wiLhin d re.l.orJblc Lil-te :

Provided further that reasonable contpensation as lnay be detennined

b1 the Corertncnr 5ball be paid ro lhe oi\nerorlh" tocit uutroiiiy. n,

rhe ca(e may bc. for "ny darucge .u5rained bl him or ir and directlv occasio- ned by tbe crrrying oL.r of any sucb operalionc : ' Provided also that the competerrt authority shall cause not less than

se!en dr)( notice in n.riring to be givcn ro lhe ou;er or rhe local aLritoriry.

as the case ntay br, before commencing of any operations under this section

except in cases whcre in]mediate action is aonsidered necessarv. thcn. the

compelenl aJlhorily lndy. by order and for reosons ro bc recorded in uriring,

dispense with the notice.

14. l^he Co\ernment nray. l'rorn lime lo lime, by noriCcarion. tix rhe rare or rales ol cbarges on melcred btsis or on rhe baris of number oI raps in(la. lledor on the d,mcnslon ol- lhe.er\ice pipe payable bt the con,umcr lor lllply of water under this Act and different raie "or rari. may UJ n*"a for

different areas and for different consumer.s :

Provided that the rate of charges lor supply of watcr for purDoses

orher rhan domesric purpo

15. rl) Th€ competeni authoriry ay, from time to time, by notification, order, -(a) the fixing,_ within srch tjmeas may be specified rn the said order b; rhe consJmet al rheir own cosr. of rneLe,.. on all pipe connections (whether new or existing unlneteted col]nectio;i), within the whole of the area or a parither.eof,

(b) the discontrectious of.tbe !.!ater supply if any consumer fail ro comply with rhe said order; or

(2) Whcrc lly persor, fails to comply $,ith the order issued under sub. sectioD^{( 1} ). tbe contpetent auth-oijty may order installaiion oi mcters lor the purpose of mcasuring_ and recording lbc quantily of$aler consume! ln any premtses or by an) person at the cost of the con-

srmer who will deposit sucb amourit as the cost as may be fiied by

the Department or may pay sucb fee for installatioo oia miie, u,

may be prescribed.

r3) The comnerent aurhority nral order lixing of r mcler ar a conrenient

polnt bet\\cer tbe prcnrisei of the con5un]er and the consumcr.s

maln.

l6-.- Al] 1ctc1'..5gnnecrions. pipes.rnd orher works incidenral ro lhe supply ofwater to any burtdrnp orland shall be supplied. repaired, ertendcd cnd )lter_ ed as m3) be necc\sary:rL the e\pen.es of tbe pcrson requrring such supply

b,t shall renrrin ,rnder lh. cnnrrol of tlte Co\ernrnenr

Notice afstoppage of

Power to hy or cary

supply,

Pawet to ordet lxiks

supply af witet

Cotn1.(t lon fii, ]noin mt tu be mad? r'ithout S..trniia afprcinites Manltunance oJ s11 - Building nal h he .anstnrted otct wa- Natified \rtrr taw rcs ond \$te t Dnin Ptohihitio af rciain a.ts afecting the $d-

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i7, In any case in *hich a. scrvice pipe fronr the Go\ernrneulntain supplies, water to two {rr ntore prellliscs, the cornf,elcDt :,uthorill may, b1 u:ittin no lice. requ'rc the nrrncr. of .Lch p enli)e(ro leydo*n .ep:.rerd .i,1, i.e-oipe. fo, thetr preD.t.e. ".nd lhe e\per.e< of :o doinp shrl bc bo-ne l-l all such or^ ners ln .uclt pronortron a. m:l) be deLcrntirred hr lhe contpelenl author:ly. i8._ No person shall, r.ithout the Fermission of the competent auftority

rn rke or cau.e ro be made any cnrt:.rrion r*ith rhe Covcrnmint rnoin.

.19.- Not\\ilh,lanLli g auyrhing (cntainen n any lrhcr I"\^ lorlbctimebeing

tn lbrce or any decd _ereculed under this Act or rules made lhereunder, th;(;o\ernn)ent or its ollicel's and ernployees shall not be 1iable for. any damage to, or penalty for, discortinuing th^e -supply of water or. lailure to suppiy \\ater lo.lny nerson or lo anJ area ilrhe ca.

20. The corrperent.itulhorrty lnilr) ft.olr titne to timc, regulate the suppiy or-wIer ,trder rh.. Act lor do.ne.t:c purfore.. 21, No buildirg, wall. fence or struclure ol any kird shall be erected on any

water \\or.Ls rrirhorrr rhe *iitren pelnrr..inr ofthe corrpetent .rrrthority.

22. (1) lhe G ovcr nn'rent _

may j ftom lime to tiore, idenlily ancl declare certain water sheds or water. sources or bolh or rl,aier main routes as'notified water sheds ot: watel. sources, or.' .notifled water main routes'.

(2) Such 'notified water sheds or waicr sources' or .notified water lrait1 routes' shall be thcrcupon be under thg administrative controi of the Building.. PHF & Housing Depafl.r errL.

(3) Any use of such 'notified water sheds or water sorrce6, or ,water maiD routes' bythc public, locxl .LUthority orany otber agencv shall require prior approval of rhe Competinr AutLority. (4\ The Got,ernment nay impose tax for useof water fromthe,notified qatel sbeds or wttef source\' or watcr main routes by tbe public, Iocal authority or any other agency and the charges sna[t nrt'Ui ]esi

than seventy per cent of the charges tbr supply df woter for domes_

tic purposes, as may be prescribed.

Ex?lanatiotl.- For the purposes of this section*.

(a) 'watel shed' neans an area surrounding any rpring, streant or oond (whether formed naturally or orherwjsej *hicii conserves'and sustains a source ofwater lhe qLrantity whercofis likely to be varied

h) ero.ion ol .oil. hlling of rrie, or dist.,rbances Uy carrte prrzing or humln .ettlcmcnl and inclu(lcq rhe gathering ground of-a rirer system;

(b) 'waltcr-route'Deans the strip ol JlDd along which the piDc line for supply of water is laid and includes the larfu adjoining duah piDe liue \^hich, if disrurbed by. quarrying. digging. feliing oT rree;,'catrle grazrng or hLman sctflenlcrl. is likely 10 disrrrrb the nahility of rhe pipo lino;

(c) waler 50urce means rny spring, stream ot pond ,qhether formed naJurall) or otheruiset lrorn whcre rater is tapped fof domesric or other purposes,

2J. No persoll .hall,-

(a) rellove, alter, injure, datncge or in any wey jnterfere with the demarcated water works;

(b) carry on within the area aloresaid any opet.atioll of manufaclure, trade or-agficuhure or do ary act whereby iujury may be caused oi is likely to be caused to any such water woiks oi irherebrl rhe water ofany such \later works Llay be fouled, polluted or :inC:r such water to be Iess Bholesomel

6

26.

24.

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(c) cause or (!,ffer 10 lercolaLe or dr"jn inlo or unon xnv $ater worl< anyrhing^!r hereb) the $arer rherein ma1. ij .nl ivay be t'orilecl, polluled Or rts quxltty dlt(-red;

td) cau.e or allo,\ to enler a--i arin-al inro (-ch nater work,;

(e) bathe or wash clothes it'l such \\ater rorks;

(f) tltrorv or put anylhing inro or ripor] thc $ ater in such rvater. rvorks; or

(g) tlo any other act \rhich rhe Go\,eruDrenr rnay, by notillcation, pro_ hihit.

(l' Tbe competenl authorirl nrrl a-rhnrise ant Der5ol lo take readinp o[ mcters installed in an1 premi.e. to rrhich'riarer i. suop]rcd undei rbi, Acl tnd make an enl'] ibereofin a regi"ter as nray be prescribed. (2, E\ery entrl in the reg..rer mainrained -ncler.ub-\ectio (l)shall be prinra lacie eridence ofthe quanlil_\ of\\aler con5utned.

(1) The owner of any premises to rlhich water is made undel the Dro. vision of this Act and where sxch water is being misused or waited rvirhin his knowledge shall forthwith give noti& in writing to thi competent authority of such misuse or wastage.

t1) Any officer not belot! the rank of a Junior Engineer authoriseil in rhi, beh.,lf.by Lhc conrperenr aLrlhorir) nta). belueen 9 a.m. and 5 p.tn. enter inlo anr ole *ises l'or the p-rr;o.i of in.pecting any r.atei installation.

(2) lfsuch officer.is. al rny .-ch rine, relirsed adrrrirrance into ,uch lrerni.e< lor the purpo5e specified in .ub-secrion \ l/ or ic Dre\entecl ho'n nrlkirp such inqfeclin- lhe competJnt authorirr rnav. afrei gi\ing Ihe conqunleran oppo unity olbeing heard,"cut 'off tbe supply of water to that premises:

Proridcd Lhar if any such premijc. is an aparrntent in rhe actual occulanc) of a tronran who, according to the custom doe< nor rppear irr prrblic. sucb officer sball. be[ore errrer]ing such apart".nent, give norice lo \ucb \\oman lhat,he i5 at libertv-to u ith'draw and shall afford her every reasonable facility for witidrawing and nay then enter the apartment.

(l) No pe^rson shall willully injur.e or suffer to be injured any nreter or rny of the firtings of rny nterer'.

(1) No person shall liaudulently- (a, alter the inder ofany meter. or prevent an) meter from recor- dtng tlte aclual qLantrty ol water supplied. or

(b) abstract or use water before it has been recorded bv a n]eter set up for the purpose of recordilg the same.

(2) Wherc there bJ. heen any "uch altcration, prevention. abstraction or use, the exisience ol artificial mean. under rhe control of rhe consumet for. causiog any such_ alteration, prevenrion, abstraction

or use, snall oe tne evrdence ol the consumer having fraudulenrly

effected thc same.

Use of water shall be free of charge for cxtjnguishing flle.

(l) Aoy t.crson-aCgrieved b-y an order made by rhe omcer rurhorized by tnc Lhrct L_nglnecr-Cum.Secrelary, BuildinAs, pHE & Housinc Dcpartrl're l rnay prcfer au appeal ro rhe dbiel tneineer_Cunil Secretaly. Building". PHE & Housing Dcparrmenr and-nher.e such order is nradc by the Chief fngineer,i-urn-secrelarv. Buiidin;; PHt & Housing Depanrnenr to the Co\crnmenl q iLhid thirtv dfii lrom the date oflbe conrmunication to him oIsuch order: ' Prorided rbar lhe aulhorily before rvhom an anpeal is filed may entcrl.lin rhe rppeol afrer rhe expirt oI rhirrv dav,'iiit is salis- hed that the rppellanr w.ts prerenred-by s-ffjcieni cauie Irom filins rhe appedl^u irhin rbe prescribed period ol rhifl1 days.

25. Oblisation of o\|net ta gire notice af ||astc Pa.wer to entet p/e- 2',7.

28.

30.

Injning hetet ffi. tngt.

Fruud in rcqect of Water fot .xtineu!. shl sjre.

Ap?eal,

7

Ret ition. 1l LidLilti ot r!tht. t 1) .r 'at,; ,t;o,i,i, Lety al \tatet Tdx, 33. ask\nnent af d nnt 34g tl I For the purposes of section 33, annual value means 1ile per cent of ntue. the market i alue ol rhc premi5e.:

8

(2' lhe alpellant tu.boi.l r-ry, aher lirirre rhe porrie,,rn oDDortuni- tv ol bein-: h-..-d. cor firr t. er ""idi or rr,odill the ordi-i lnderappeal, The Vini.ter-rn-Ch,rce of rtater Sunply Depi mcnl ray, eirber on hi.-o,rn ntolio- or upon dn lpplii;tiun madc ro him,'rrani time, for reasons to bc recorded iri u,riLiug, call for.the record o'f ..n) ca.e d..o.ed oi hr .n1 au.horily urrder rhis Acr and il in ,--h case It dpDearc ro lhc Mini.lcr rh. I jtny order la..ed (holtlJ be .rodi'ed. -nrullt.r ,.r 'crcr.ed he n,:,1 pa." qr.l-' crdcr rs he mav dce'n l.L nor rlco-\r\Let,i $,th he L,ro!i\lon. of rhi, Acr or rhcrulc.

made thereunder arld such order ahall be flna1 and shall no1 be

ca1led in question in any court:

Proridcd rh:r n^lhing in rhi. sccriorr .irrlt anplv ro casc.

uhere.rn apperl lie< unless rhc tirne for prelerrint ai rppcol h.rs

expired.

The raie or rates of charges for suppJy ol \\,atcr nteitioned in sec-

rion 1a.h"ll bc payaole by rhe .rtirir or uc(..nier ofrbe rrcniscs

, . tnal bc dccioecl l-) lhe cornpclcl.l ruthorily.

For tbe purposes of this Act, lhe Governnellt shall ievy, on premi-

ses situated in an area where water supply is nrad6 L.y it, a tax

at such rate not being less than tvopelceii and not riror.-e than

rcn per cellt of the

-assessed annral r,alue of the prentises as the Corerrrrnenl ll.r). lrorr 1,.)]e lo 1.n.e, by rorificat,on. soecif\ _nd differenL lare. of rrr la; l-c.peciliecl loi rli,Icrcnt irc.,.'atiel

taking into consideratioll of the econornic condition of the people

residing in that area:

Provided that no such tax shall be levied and collected in

any area where such tax is already being collected by any local

aurhoriry. or an1 oLher eurhorirl r'nder rhe provi.,oni olSikkim

Pro'ided ib. t lbe .nlru-l \al..c ir,r lhe case of oremirc.

occupied b1 lhe o\\ner llimself ,hall be decnted ro be tuenLv per

cenr le.. rhxn lhc annuJl r,lue orhclrrise derermined undei rtr;,

.eclion.

,2, lhe arnual ralLrcofprentiqesfortbepurpole ol lc\\ ofualerttx

(-l) Unlii an a-\e\srre,.1 ol rhe:,nr.ual ralr.e of prqnri,cs in !nv area is

made by an oflicer or aulbority r.elerred to in sub-section t2r the

annual \alue of the premises jn th:tt arca as assessed b\ the local

aurhoril] for the purposes oflery ofhouse tax shall be deimed ro be

rhc annual value ofthe premises for rhe Furpoces of this Ac[ ch well,

(4' Any lcrson aggrie\ed b] rn order of asscisment of the annuat

\clue made by an oliicer or althority r.rnder sub-section r2; rndt. within lhirr) da1s fiorn rbe darc ofthe order, prefer an apoeal io such aulhorily a< n]ay be prescril.ed (hcrein.rfLci leferrcd to ls the

ftesctibed aulhorily' ir sr.tch rntnner ts rnay Je precctibed.

r5) the pre.clibed curhoritl rnay :la) Lhc cl'lo,'cernent of Ilte olJcr'

unJer appea' for.rLch leriod anc un such lerm5.,s il may duent lir.

(ot I he pre.cribcd arrthority mal aficr gi\inA ro tlte trarriei a.r onpor-

rurity olbei.'g heurd. confir'm.^.e, r5idc or rodilj rhc order irnder

appeal.

17) The dcci

8

9

::' T.1.: -ontr.-e..r. "..rhority tnaJ .barrc ..ch fee, :::: .1D. re-cor tLc.i.n of !\arer supp.1 0-r te, ng or '::er.entce re.)Llered or \\ork e\ecuted or.upeLtised li. The Government

:: $ riting, exempt any

',\ater tax or remit anv

rhe said order.

for conllection. discon- Feei.

supervision or for anv

as may be prescribed.'

and includes a firm or

a part[er i]'] the firm.

without the permissial. Sallctiou /or Narecu.

llot1,

mxy. tr) nolihed, orcier ard lor. Iea:ons to be recorcled fy?,ryrlor. prerr.cq,or l:'nd q.Lu.tred in rn1 area I-om payrnent of norrrou lhcrcol or ,uch period ac mtJ be ieiorded in

i;. 'l) Jl::gil_fcrenr aurhoriry rnrl b1 .nnric_e..,q..i.e rhe or\ncr or acc\)- Mak e,ofrcat:jatian

l'rrrr .or roc frcmr

(2) where the owner or occupier of the prenrises fails to Dav the amourt due from him wirhin. rhe peri;d ipiiin"a -in'if,.'

intt".is.uerl under rL,b-,ecrion . J.1, rhe cor;-crenr iril".iir'ii,r',''".,

a certifi catc i;;;;;; th; ;;,,"";ri. a.1" i-,,,," !i'Ji' i,rr'r'J.r.l' H3i:pler. and scnd the sarie to tt i :iiaii*i M"girtiii"or"r"i,ti-i'rrt Lrusof rhealer jn \\hich rhepremis.. or. o,,.1 i'ilLi,uL.d '''"'f3, The ildicial \4agi.lrare ro \hont the cerrificare i. sent Jrall lealisernc i nounl srcctneri ,- . .Ch Certific:ltc as iI it were . fine irrrpOSeC] b) .uch M. si,rrarc ""a *,ni, rr," ""iii" ;; ;;:'.;;;;Ji*i'.,lihr";i,;38. (1) Where an ollerrce under this Act has been commitred by a c ompdry, alences b! Cothpa. every.person who at th9 time the offence *", *orrriit"J *u".,ar_ ,,"r.ponsible ro lhu,cornpany [or rhe concjrrci

"f ir, Ur,i'n"rii,

"".rf ,,le cornpJny. shall bc deemed to Le gUill) of the oiencc:rrd sh.,ril be liat-t( to be proceeded againr, - nri p;,:irL"j'i*iiii'gr], i Pr.ovided that, nolhing contajned jD this sub section shallrcnder ,iny such ner.o iabte to any n-ni.hrncnl, it he pro\e. lhtrrhe offencc \\as cornmiued

"irln"i 'rril'r,"o,, i.ni" iJ',t .i'f"'"_.*i- -^.cd itt d.,e ditigercc^lo prevcnr rhe ni"r".;",l ?i ., ,.ii" "iJ*,i.12.7 N'otrr irhsranding anl rhing cortrai,rcd ;n .ub+eclion , I ,. o fa,a uny otrence rndcr lhi. Acl jras .ect) cornmi cd by o i,in,prnv lni ir ,,proved that the offence has been co[rruLtLed u,ith the collsellt orconnir. rrce ol or is ruriburabt. r" i,,i n"ir.li"" iii; #i:;i'..,(llrecTof. nt.nager. .ccrelar) or other olliCel shall al,O I,e.lectred t6 Dc gurtry ot )itr ollence rnd shali bc liable to be proceeded agaDist and punished accordingly,

Explanatian- For the purpose oi this section ._

,i1) '(o.1lp:rny rncar. an) body corporlle

other ac\octalioll of irrdiridurls: und

. (b) 'djrector'in relatior] to a firm, lleans

39. No procecurion shall be instiluled under this Aclin writing of lhe Government.

40. (l) The Governnrcnr ffflv- b-y ^noti6catir)I,

direc-l rh6t nny powel ,e/rga,/or,,excrcisa hte hy iL under.' rhij Acl ,or ,,uf", '*r,iJ ifr.ieuir,jiiifrirf, i,retatton fo such n)alers and slrbject ro suct couOirloii as-,rJy Oe specified in the notification, be ..'**cGbi";G il"..Iiti.";d.t "" anrhodry .sulrordir.?re ro as may be ,priin.a uiiil. ,r"iJ", iuyiiiiii"n, (2) The conrpetent. authorily may, in tlte like ntat]ner, (leleEate jts lgT:,^:)"^"1 ll:_Sower conterred upon^it urdel .eciion 3iiio uny omcer suDordlnate to htn1.

41.,, Whoe\er.conttl\e4c5 lhe pto\i:ion< ollhi. Act or i.ule. rnade thereunder p,xarler.

sD.lt^. ltl coitvtclton. De punt,llable u h jDtpri.onntcnt lor I ternt which r,,r,v

exlcnd to lwo vear' oi ulih hne rbich rnay e\tend ro two thouslnd rupeei or with bolh.

42. .No suit, prosec tion or other procecding shall lie againsi irny person for prctection ot .:::..anythiog dore or intendecl ro be done under ihis acr in Eooa taiiil.'-'"'"'"' i,i"iii,i"i',t:'i ,,.

\2) (a) (b)

(d) il t =ii

:

Powet to tnalrc nnes. 43, (l) (c)

The,Co\ernnlent m^ay. by.norification. make rujes lor giving eflect to the provisions of this Act.

ln particular and wirhout prej-udjce [o rhe generaliry of lbe foregoing pnwer, such rules nray provide for-

legulatiog the size and nature of mains, pipes, taps aod other littings whether \aithin or ou side any premises; rhe prcvenlio_n ofinjuryor corrralrinalion to sources and nrains ol wrter supply and appliances for the distribution ofwater; thc manner in uhich connections uith \rdter works. mains. etc. mav bc con(itucled. alreled or mainrained; '

the use.. maiilrDa'tce and inspectiorr of rrrelers and all me(ers in conrlcctron urlh (be use of wxrer and turning on and turning off and preventing uaste ofwater;

(e) the area of.a lawtr or.garden other than the area under clause (d) ol Lxplanalion to seclion 3;

(f) form and manner of filing an appeal;

(g) iees_for connection, discornection, reconnection and other services

. rendered to the consumer: (h) any other. n]atter tbat is required to be or may be prescribed,

44. On and from the conrmencement of thjs Act, all rules, regulations. noii- ficatiorrs. or any olher Sikkim laws relaring to ths \upply of riatei oiiiafisa_ tlon ol.chargcs.and tax on water. shall stand repealed sare as things done or omilted to be done.

Repeal and sari gs,

B.R. PRADHA.N,

Secretary to the Govt. of Sikkirn, Law Department.

( File No. 16 (186)/LDl86. ) PNINTED AT THE SII(KIM GOVERNMENT' PR]]SS, GANGTOKT

10

SIKKIM

GAZETTE

GOVERNMENT

EXTRAORDINARY

pueLi6iio^BY 49rHffi No. 121 Gan

.oVenr'rUreUr^OF SIKKIM

I AW DEPARTMENT

GANGTOK

No. 4/LD/18 Date:²²03 2018

NOTIFICATION

rhe ro,,owins Ao pi:":S jl,':,"M?SlhiS:i$$";;il:yJi3,lX'l:,'",'i"::ff"1'i::

assent ol the Governor on

14'^{oaY o}

THE SIKKIM WATER SUPPLY

AND WATEH CHARGES

(AMENDMENT) ACT' 2O'18 (Acr NO' 4 oF 2018)

AN

ACT

to amend the Sikkim Water Supply and Waier Tax Act' 1986' Ee it enacted by the Legislatule of Sikkim in the Sixty-ninth Year ol Republic oi lndia^as

follows:-

r r1\ Th;s Act may be calleo the Sikkim Water Supply and

t "t ;i*,'[6,'ge'" (Amenoment) Act 2018' ,r' li.i

"r, "-"ia to^the whore of sikkrm' iqi tr srrarl corne into torce on such date as tne Slate

t"' A;;;;t;;i rn"v bv norrricalion in tl"e ollrciar Gazene' aPPoint

2. rn ihe s:kkirn water supprv-anoJiS: Jn$":J1',?: ' rhererca{ter

.eierred ro :" ,h: :',1:;H;";;';rov;oelo to. rre Frincipa' nct. un,ess.otl'erw^se -e^'";i",j, ii" i i", or,-. rn"

words "The Sikkrm Water SuPPll

words Tne S;kkrm Wale's'rop'y^ana

Water Cl'arges^Act

shall be substituted

Shoti title, extent

and

commencement

substitution^of relerence

b cellain exqression^bY

Cer1:ai n other Ex Pres^{s t}

gn

11

Amendment ol

Section 2

3. ln the principal Act,

(1) in secuon 2,-

(a) lor clause ( ), the following shall be substituted, name yi-

"(i) 'area'means the urban area in the State and includes such other areas adjacent thereto as the Governmenl may dec are by notification lrom time to time, specjfy to be an area for the purposes of this Act";

(b) for clause (xiii), the following shall be substituted, namelyr-

"(xiii)'service pipe' or'seruice line' means the portion ol consumer main starting trom the point where consumer main joins the 'Government rrain' up to the point in the'consumer main':-

where water _leter 's i.]sraleo, if ilstalled; or(a) (b)

where the pipe is emptied into a

(c) where water is consumer "

after clause (xiil) and the entries relating thereto, the iollowing shall be inserted, namely:-

"(xiv) 'Department' means the Water Security and Public Health Engineering Department for the time being or the 'Department' as maybe renamed by the State Government by notificaiion;

(xv) 'rules' means the rules made under ihis Act;

(xvi) 'Chief Engineer' means the ofiicer appointed or authorized by lhe Government to perform the functions of the Chief Engineer under this Act and includes an Officer placed in additional charge of the duties of ihe Chief Engineer;

(xvii) 'Government' means the Staie Government of Sikkim;

(xviil) 'Engineer' means a peTson ho ding a valid certiiicate issued by an institution or college of having passed the course of Diploma or Bachelor's Degrees or Masters Degree in Civll Engineerino subject;

(xix) 'Plumbea means a person having lTl certjficate or ceriificate issued by a recognized Skill Building lnstitute of havlng passed the course of plumber;

(xx) 'Local Authority' means- terminales and the water supplied sump tank; or

tapped or drawn lor use by the (c)

,t

12

(a, a Munictpa, Corporat.o- or Murtctpa, Counci, or N:n,. Panchayar constirJled under rhe aw ,n * ara,J, ''"r'

(b) a Gram panchayat constituted under the law in the staie:

(c) a Govemment Aulhority for the purpose, as estabJjshed by la!r.

(xxi) 'Public Health Engjneer, means an Oifice:appointed by the Government to be the pubric Health Engineer to discharge the duties ot wate: supp,y Lnder lne provisions of tnts acr arcinctudes any oflicer o,aced in cnarge o. lne oJt:es of tne pubJic Healih Eng:.ee.; (xxit) En'proyee rreals a,.ty pe.son who ts paid saten or wage direclly by rne Departmenr aro snal,no,: ,nctude any pe.sor or oersons elaaqed bv an!. contraclor or a. agent. ot the Depa;m;nr;

,

(xxiii) "State,,means the State of Sikkim;

(xxiv) "Trade premises,,means any premises used or 'ntenoed to oe used ior carrying on uny rruo" o:busjness of any indusiry or company;

(xxv) "Fittings" shall mean oipes (olner rnan mains. Iaps. cocks. vatves, fe.rLles. prrp". n","i..cisterns, baths, and other stmjla;

"pjur"tr" r""Iin connectjon with the supply

""O rl" "irut"i""lxxv,l Cl-arges shal, rnean, wale. cndrges. wate. Jees. .tnes. recoveries +or worKS or inv srrcn t.r-u nade .rnder ll,is Aci or rJles n ade ,l"r"unO"ri ',

(xxvii) 'Prem:ses' shalt mear any, land, buitd;nrrsuperslructure, apartryrent. residentia, bJi,di;; ;:any non-resjdential buj1djng.,,

(2) the .existjng sectjon 2 shall be renumbered as sL.rb- section (1) oi that section anO atter suO-section ltla*sso^renumbered. the tol,owing sub-sectron snall bJtnsened, namely:,

"(2) Unless the context otherwise requires, the words lTIS-l1l1S rhe. mascJtine geroer snatt ,n",uo"'in"ren'r,ne gender. woros jmporiing rn" .;ngr,ui-"nul .1cl,.roe the prura, and worjs oeg,nning *itn-"ufl..u-,

'etters shall have lhe same rrean ng as may be wr:tenin small letters, and vice versa. Explanation.- ,he,shaJj have the same meaning as 'she' and vice versa, 'fltting' shall have the same rneaning as,iittings,and

vJce versa,

'C_o.'rpelenl shatl r.tave ll-e san e n ea.ilg as 'competent' and vice versa...

-3-

Amendment Section 3 Amendment ol

Section 5. Amendment Section 6.

4. ln the princpai Act, ln section 3,-

(1) in sub-section (2),-

(a) in ciause (e), after the words "produce", the words

"any preparailon lherefrom" shaLl be inserted;

(b) in c ause (h), before the words "for watering streets", lhe words "1or construction or" sha be inserted.

(2) after sub-section (2), the iollowing sub-sections shall be inserted, namely,-

"(3) The Public Health Engineer in charge of water supply may, on application by the owner or occupier of any building, arrange, in accordance with the ru es, to supply water thereto for domestic consumption and use.

(4) The Public Heath Engineer in charge of water supply may, if il appears to hinr that the superstructure are without a proper supply of water ior domestic consurnption and use and ihat such supply can be furnished from the ma n not more than 35 (thity iive) meters distance lrom any part of any such superstructure, by noiice, require the owner of the land to obta n such supply.

(5) Where on any land there are two or more supersvuctures or apariments, and the owner of the land is not the owner of all the superstructures or apartments, the Public Health Engineer ln charge of water supply may, ll it appears to him that the superstructure or apartment is wlthout a proper supply of water ior domestic consumption and use and that such supply can be iurnished from the main not more than 35 (thirty five) meters disiance irom any part of any such superstructure or apartment, by notice, require the owner ol the superstructure or apartment to obtain such suPPIY."

ln the principal Act, in section 5, after sub-section (4), the following sub-section shall be inseded, namely,-

"(5) The competent authority may by agreement, supply water in bulk to the Government including the Central Government, the Department or any other local authorlty or any other public or private undertaklng^or individual or organlzation on such terms as to payment and as to ihe period and the condltlons oi supply as may be agreed upon between the cor.peient authority and such auihority."

6. ln the principa Acl, in section 6,-

(1) for ihe marginal heading "Prohibliion ol wastage of watel', the fo lowlnq shall be substiluied, namely:-

ft

14

Amendment of

Seclion^7.

"Prohibition of pollution, wastage, misuse or disturbance ,n equitable distribution of waler";

(2) for sub-section (1), the following shall be substituted, narnely:-

"(1) No owner or occupier oi any premises to which water is supplied by ihe Government shal cause or suife. any water to be polluted, wasied, misused or cause disturbance in equitable distribution of water or cause or suffer the service pipe, tap, other fitting or^work connected therewith to remain crt or repair so as to cause pollution, wastage, mlsLrse or disturbance in eqL table disrr:burion of walei;

(3) in sub-section (3),-

(a) after the words "repairs to be made" and before the words "and recover", the words "or removed" shall be inserted; and

(b) after the words "irom the consumer" appearing at the end, the words "as an arrear of Water chdrge payable under this Acf' shall be inserted.

7. ln the principal Act, in section 7,^-

(1) in sub-section (1)i-

(i) for clause (c) and the entries relating thereto, the following shall be subslituted, namely.-

"(c) if the consumer or occupier damages or causes to be damaged the waier meter or a.y connection pipe or ferrules or water works; or

(ii) after clause (g), the ioLlowing clauses shall be inserted, namely.-

"(h) if the owner or the consumer causes or allows to be caused the insertion of any fitt ng or pump for sucking water dlrectly irom the service pipe ior drawing water from the Governmenfs main; or

(i) !f the owner or occupier neglects to comply with any lawiul order or requisition regarding water supply issued by the Department within the period speciiied therein; or

(i) il the owner or consumer fails to provide proper disposal or treatment of the used water from h s premises, in accordance with the provisions of the Sikkim Sewerage and Sewage Disposal Act, 1987 or the Water (Prevention and Contro oi Polluiion) Act, 1974 (Central Act 6 of 1974)."

(2) for the exisiing sub-section {2) and (3),the following sub-sections shall be substituted, namely:-

.5-

15

Amendment ol

Section I Amendment ol

Section⁹⁰⁰

L

L

10.

"(2) Action taken under this section against any person shall be without prejud ce io any penaltles to which he may otherwise be liable under any other provision of this Act or the rules made thereunder or under any oiher Law.

(3) The competent authority may order reconnecllon^of supply ol water disconnected under sub-sectlon (1) on payment oi such charges and on such terms and conditions as may be prescrlbed jn ihe rules made thereunder.

(3) afler sub-section (3), the followlng sub-section shall be inserted, namely:-

"(4) The owner and the occupier of the premises shalbe jointly and severally liable for penalty and also liable to pay the expenses of cufilng oii the supply."

ln the principal Act, in section 8, aiter the words "necessary so to do", the words "subject to conditions and requirement aid down in ihe rules made in this behalf'shall be inserted. ]n the princlpal Act,-

(1) section I shall be re-numbered as sub-section⁽¹⁾ thereof, and in sub-secllon (1) as renumbeled, after the words "an applicatlon within", the words "such specified time and communicate the same in writing to the applicanf' shall be inserled;

(2) after sub-section (1) as so renumbered, ihe iollowing sub-section shall be lnserted, namely;-

"(2) The submission of the duly filled up and signed Appllcatlon Form along with the speciiied documenls under the Rules made thereunder, to the oifice oi^the Divisional Engineer, Water Supply Division, shall, deern to mean the acceptance ol, all the conditions and undedaking laid therein."

ln the prlncipal Act, in secilon

(1) lor sub-section (2), the namely:"

"(2) The charges for giving notllied and prescribed in 10,^-

following shall be substituted, initial connection shall be as the rules made thereunder."

Amendment

ol

Section¹⁰

lnsertion ol

new section 11.ln lhe principa Act, alter section 10, the following^new section shall be inseded, namely:-

''10 A. lilodalities Ior Connections

(1) Water Supply connectjon by the Depariment lor any purpose includlng that of domestic use shall ordinariy be given only at the ground level of ihe prem ses.^lt -6

i€

10 A

16

shall not be lawJul lor any owner or occLrpier to demano water supply connection trom the service pipe al any other elevation or level.

(2) lt shall not be lawful for any owner or occupier to use any pumps or devices to suck water directly o. .nd rectly lrom lne gove'nme1l ma._s or serv ce pipes.

(3) The owner ol every premises having more than oie storey and connected with water supply lrom tl-e service pipe at the ground level shall, provide a sur,.t and set up electrical pump or other contrivances oi adequate capacity and such other arrangements as prescribed, to pump the water to the required helghi oi such premises with the prior approval of the compete.:

authority.

(4) On every service pipe laid after the date of comlng nio force oi thjs section, the owner cr occupier shall, iii a stopcock on every service pjpe laid before or aiier such date.

(5) Every slopcock iilleo or a service p.pe a1e't.e ca:. of coming into Jorce of this section shall be^p aceo - such position as the Department deems mosl convenient:

Provided that-

(a) a stopcock in private premises shall be placec as near as is reasonably practicable to the sireg:

irom which the service pipe enters that pren"ises:

and

(b) a stopcock in a street shall be placed as nea: :o the boundary ihereof as is reasonably practica. e

(6) No water plpe shall be laid in a drain or on the suaace ol an open channe or house gulLy or a cesspool or ^ any position where the pipe is ljkely to be damagec o:

the water therein polluted; and except with the approva oi the Department, no latrine plt ci soak pit or cesspoo shall be constructed or made within six meters of a.li water pipe or water work or ln any position where:-e water pipe or water work ls likely to be damaged or i^e water therein polluted.

(7) No person other than an Engineer or a piumber or a- Officer or employee authorised by the Compe:e-:

Authorlty in this behali shall execute the wor< o' consumer main, service line or internal water s!!a. connections of premises.

(B) No water supply connection shall be given to the or,^:-

or occupier of a premise unless the interna ,,..a:.-

17

Amendment of

Section 11 Amendment ot

Section 13 suppy conneciions of such premises have been duly executed in accordance with the standard speclilcations prescrlbed under this Act.

(S) The Stale Government rnay by notlfication in the Officia Gazette, make regu ations ior compljance by the Engineers or^p umbers.

(10) Any person who wlllfully vlolates the provisions oi this section shall be liab e to have the water supply disconnected to the premises and no new connection shall be sanctioned unless the owner or the occupier complies with the provisions of this secUon".

12. ln the princlpal Act, in the provlso to sectlon 11, after the words "on payment oi 1ee", for the word "or rupees twenty fve", the words "as prescrlbed under the rules" shal be substituted.

13. (1) In the principal Act, in section 13, for the marginal heading

"power to ay or carry pipes", the marginal heading "power to lay or carry pipes or to construct water works and payment of compensation etc", shall be substltuted.

(2) section 13 shall be re-numbered as sub-section(1) thereof and after sub-section (1) as so re-numbered, the following sub-sections shal be inserted, namely;-

"(2) All reservoirs, tanks, cisterns, founialns, wells, and bore we ls, pumps, pipes, taps, condults and olher works connected wlth the supply of water to the notified area, includinq the headwork's, reservoirs and the

Government malns, and all brjdges, bullding, machinery, works materials and other things connected therewith and all land (not being prlvate property) adjacent and appertaining to the same, shal vest ln the Departrnent and be subject to its control.

(3) The Department may construci, lay, or erect iiltration plants, reservoirs, machinery, conduiis, pipes, or other works in any place in the state lor supplying^the notlfied area with water, and may provlde, tanks, reservoirs, machlnery, mains, fountains and olher conveniences withln or outside the notified area for the use of the inhabitants.

(4) Ihe Department rnay cause ex sting water works to be maintained and suppl ed with water or it may close any such works and subslltute other such work and may cause them to be ma ntained and supplied wjth water.

(5) Notwithstanding anything conialned in any other law for the time being ln force, ihe Department may lay a main wilhin or withoul the loca irnits of the notif ed area,- 8-

18

(a) :n any street or any land vested in the Government, the Department or any other local authority or any Government Company^or Department owned or controlled by the Governmenti

(b) with the consent of every owner or occupier of any land not Jorming part of a street, in over or on that land, and may, from tlme to time inspect, repair, alter or renew or may, at any tlme, remove any main, whether lald under this Act or otherwise:

Provided that where consent required for the purpose of this sub-section is withheld, the Department may, after giving the owner or occupier oi the land a 15 (iifteen) days of written notice of its intention to lay the main in, over or on that land even without such consent.

(6) Where the Department, under the provision of this section, lays a main in, over or on any land not forming part of a skeet or land referred to in clause (a) of sub- section (5) or inspects, repairs, alters, renews or removes a maln so laid in, over or on any such land, it shall pay a compensation to every person interested in that land ior any damage done to or injurious afjectlon ol, that land by reason of such laying, inspection, repairs, alteratlon, renewal or removal of the main.

(7) The Departrnent may, in any street or any land relerred to ln clause (a) of sub-section (5) whether within or without the local limits of the notified area, lay such service plpes with such stopcocks and other water llitings as lt may deem necessary for suppLy of water to premises and may, irom tlme to time, inspect, repair, aller or renew and may, at any time, remove any service pipe iald ln such street or land whether under this Act or otherwise.

(8) Where a service pipe has been lawiully laid in, over or on the land not forming part of a street or land reierred to ln sub-section (7), such officers as the Department may authorize, from time to time, enter upon that land and inspect, repair, aler, renew or remove the pipe or lay a new pipe in substilution thereof but shall^pay compensation for any damage done in the course of such action.

(9) The Depanment may place and rnaintain conduits and lines of mains or pipes, over, under, a ong or across any immovable property whether within or wlthoui the local llmlts of the notified area without acqu rlng the i'4,

9

same and may at any tlme Jor the purpose of examinlng, repairlng, altering or removing any conduits or lines oi mains or pipes, enter on any property over, under, a ong or across which the condults or lines oi mains or pipes have been placed:

Provided that the Department shall not acquire any rlght other ihan a rlght of user in the property over, under, along or across which any conduit or line of mains or pipes ls placed.

(T0) If it appears to the Department that the only technically ieasible alternatlve means oi water supply to any premlses is by placing or carrying any pipe over, under, along oT across the immovab e property of another person li may, by order in writing, authorize ihe owner of the premlses to place carry such pipe, over, under, along or across such immovable propertyi

Provlded that before making any such order

the Deparimeni sha I give io the owner ol the immovable property a reasonable opportunity of showing cause wlihjn such time as may be prescrlbed by regulations so as to why the order should not be madel Provlded further that the owner of the premises shall not acquire any right other than a right of user ln the property over, under, along or across whlch any such pipe is placed or carried.

(11) Upon making oi an order under sub-section (10), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon^the immovab e propeny with the assistants and the workmen at any time between sunrise and sunset for the purpose of placing a pjpe over, under, along^or across such immovable property or for the purpose of repairing the same.

(12) ln placing or carrying a pjpe under sub-section (11), as Little damage as possible shall be done to ihe immovab e property and the owner ol the premises shall,-

(a) cause the pipe io be placed or carried wlth the least practicable de ay;

(b) fi in, reinstate and make good at his own cost and with the Least practicable delay, any land opened, broken up or removed for the purpose of placing or carrying oi such pipe; and

(c) pay compensatlon to the owner of the immovable property and to any other person who sustains damage by reason ol the placing or carrying of such plpe,

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1A-

20

Amendment Section 14

(13) li the owner of the immovable property over, under, along or across, whjch a pipe nas Oeen pfaceJ oicarried under this section while sLlch immovable prooerty was not bu;,1 Lroon. oesires to e,ect anv !l:,91"9 "" such p.operly, rne Deparrn,e^r snar,-Oi rottce n wrling. requtre tne owae. oi tne p."r,r"a uiild,cated in sJo_sectron (10). ro ctose, ru.or;;;;.r;; Ite oroe n such man.er as shal. oe apo-oveo oy h.a1

and to fill in, reinstate and make good ihe i..ouaOie

properly as ii the pipe has not heen placed or carrjed

over, under, ajong or across the same:

provided that no such requisition shall be made uniess in the oplnion of the Departmeni lt is necessary or expedient ior the construction of theproposed building or the saie enjoyment thereof that th;pipe should be closed, removed or diverted.

(14) No person shall obstruct or hinder any person authorized or empowered by or under tfris nci ln |reexecJ.rion ot his dury or o. anylh:ng wnich fe:s autnor,zed or empowered or reouireo to do oy vi.lue oi or in consequence of any of the pr.oui"ion" ,it tni.-nli or any rules or made thereunder.

(15) N-o--p_e.son shaJi, e_xceor wirh the permission oury obta,red from the Deoartn enr or rhe pubtic rlealtitrngrree. tn cha,ge oi water s_oply, enler on land orpremises or waler works of the Department.

(16) Save as orovided ior,n any orl^er secrion o, th.s Acr any co.npensat:on to De oa.d JrCer tnis sect,o,.t or th;olne, prov.sions tr this Acl. snat, be as delermrled bv tFe ocal authority as eslaoJisned by Ldu,.,.

14. In the prjncipat Act, lor section 14, the loltowing shalt besubstituted, namelyt-

"14. Charges for Water Supply (r ) Ih: Oo::iirgll may. trom r.n e ro tine by nolrf,catio,l tn tne U.ticial Gazette. fi{ the tirres lfieq.ency olpayment), conditions and the rate or rute" oi cnuri"",on metered basis or on the basis of numUer oi tlaol installed or on the dimension

"f^the ";;;;"; ;;;; ::I:il: "l any to.rr.rra app,oved oy,r.," "orpui"ni aurro.tty, by the consume. for suppty oi wate. Lnder this Act and djfferent rate or rates, frequency or condition may be iixed for Oitterent.areas ani toi different consumers and for different quantities.

(2) The conpelelt author;ty rnay o.ovroe f.ee of chd,gesgrarL loJs sJpply ol whoresor.re warer 10 rne p.i.,c within the notified area and may, tor. fiut purpos"ieiect

Dub'ic stand posls o. olner convp.,:ences.

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The Government may, from iime to iime by notlilcation, lew water charqe on the bill oi the consumer. The Government may, irom time io tirne by notificatlon, levy and include the service charge for sewerage servlces in a sjngle water supply cum sewerage^bill where such service is provided by the Department."

15. 1n the prncipal Act, in section 15, after sub-section (3), ihe following sub-sections shall be lnserted, nanrely:-

"(4) The instalalion, use, maintenance and testing of meters and dlsconnection of water suppiy shall be regu ated by rules made on this behaf."

22

Amendment of

Section^19. Amendment ol

Section^21. Amendment ol

Section 22.

18. ln the principa Act, for sectlon 19, the following shall be substituted, namely:-

"19. lndemnity Notwithstanding anything contained in any other law for the time being ln force or any deed executing under ihis Act^or rules made thereunder, the Government or its officers and employees shall not be liable for any damage to, or penalty for, dlscontinujng the supply of water or reducing the supply of water or failure to supply water to any person or to any area if the cause of such failure to supp y water to any person or to any area, is due to source depletion, drought, damage, accident, re-laying or repairing pipes or any other circumstance that is beyond the control of the Government, its olfjcers and employees."

19. ln the principa Act, section 21 shall be renumbered as sub- section (1) oi that section and aJter sub-section (1) as so renumbered, the following sub-sectlons shall be inserted, namely;"

"(2) lt any building, wall or any other struclure be so erected or any street be so lald, the Public Health Engineer in charge ol water supply or any other ol{icer authorlzed by the Department in this behalf may cause the same to be removed or otherwise dealt with as he deems fit and the expenses thereby incurred shal be paid by the persons contravening the provisions of sub-secUon^(1).

(3) The expenses under sub-section (2) shal be^as determined by the competent authority, whose written certlficate shall be final and bindjng."

20. ln the principal Act, for section 22 enC the entries relating thereto, the following shall be substltuted, namely:-

"22. Notified water sheds, water source and water maln routes",

"(1) All water bodies, shall be identifed as watersheds or water sources or both or water main rouies.

(2) Such 'watersheds or water sources' or 'water main routes'shall be under the administraiive conirol oi^the Department.

(3) Any use of water irom such 'watersheds or water sources' or 'water maln routes' by the public, local authorlty or any other agency sha i require prior approval oi the Competent Authority.

(4) The Government may impose iee for use oi water irom, the 'watersheds or water sources' or water main routes by the public, loca authority or any other agency and the charges shall, as may be prescrlbed by the rules.

23

f Amendment Section 23 Explanation.- For the purpose of this sectlon,-

(a) 'watershed' means an area surro!nding any sprlng, stream or pond (whether formed naturally or otherwise) which conserves and sustains a source of water the quantity whereol is likely to be varied by eroslon of soil, ielling ol trees or dlsturbances by cattle grazlng or human sett ement and includes the gathering ground oi a river system;

(b) 'waterroute' means the strip ol land along with the^plpe line for supply oi water js laid and includes the land adjoining such plpe line which, il disturbed by quarrylng, digging, felllng of trees, cattle grazing or human settlement, ls likely to disturb the stability of the pipe line.

(c) 'water source' means 'waier bodies' and includes any lakes, rivers, aquifers, ground wateI, streams, spring or ponds (whether formed naturally or otherwise) from where water is tapped for domestlc or any other purposes.

21. (1) ln the principal Act, section 23 shall be renumbered as sub-sectlon (1) thereof, and in sub-section (1) as^so renumbered,-

(i) ior clause (a), ihe following shall be substiluted, namely:-

"(a) remove, alter, injure, damage or in any way interiere, break, injure, turn on, open, close, shut oti or otherwise interfere wlth any lock, cock, valve, pipe, meter or olher works or apparatus, with the demarcaied water works";

(l) for clause (g), the tollowjng clause shall be substituted, namely:-

"(g) williully or negligently obstruct any person in the discharge ol his duties under this Act or rules made thereunder in setting out the lines of any works or pull, or remove any pillar, post or stake fixed in the ground for the purpose of setting out the lines of such work or deface or destroy any works made ior the same Pu,PUSe^I

(iii) alter clause (g) the following clauses shall be inseried, namely:-

"(h) obstruct any officer or employee ol the Department in the discharge of hls duties under this Act or rules^made thereunder, or reiuse or wi lfully neglect to furnish him with the means necessary ior the making oi any eniry, !nspection, examinalion or lnqulry thereunder in relation to any water work; or

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24

Amendment ol

Section 24 Amendment of

Section 25

(i) obstruct the ilow off, fush, draw off or dvert, or take, water from any waler works belonging to the Department or any water course by which any such water is supp ied; or

0) do any other act which the Government may, by notif cation, prohibit."

(2) after sub-section (1) as so renumbered, the following sub-sectlon shall be inserted, namelyi-

"(2) nothing in claLrse ia) of sub-section ('1) shalapply^{to a} consumer closing the stop-cock fixed on the service pipe supplying water to his premises so long as he has obtalned the consent of any other consumer or occupier whose supply will be atlected thereby."

22. ln ihe principal Act, in section 24, after sub-section {2), the following sub-sections shall be inserted, namely:-

"(3) When water is supplied in accordance with the provisions of this Act through a meter, it shalL be presumed that the quantity indicated by the meter has been consurned until the contrary is proved.

(4) The competent aulhority may authorise any person to test any water fitting used in connection with water supplied by him."

23. ln the principal Act, in section 25,-

(i) ior the marginal heading "Obligation of owner to give notice of waste of water' the marginal heading "Obligation oi owners, citizens, policeman and employees", shail be substitutedj

(ii) ior sub-section (1), the iollowing shall be substituted, namely:-

"(1) The owner or occupier of any premises to whjch water is made under the provision oi this Act and has within his knowledge that such water js being misused or wasted whether within or outside his own land or premise, shall fo(hwith glve notice in writing to competent authori'ty of such misuse or wastage.",

(iii) after sub-section (1), the following sub-sections shall be inserted, namely:-

"(2) The owner or occupjer of any premises to which water is made under the provision of this Act shal have primary obligation for watch and ward of the water meter and shall not tamper with the water meter and prevent any person from tampering and shall iorthwiih give notice in writing to competent authority oi such tampering by another person.

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25

Amendment of

Section 26

(3) lt shall be the duiy of a I citizens, policemen and employees of the Departmeni or any Local Authority^to give immediate information to the Department or oflicers of the Departmeni authorlzed ln this behalf, of the commission oi, or ihe attempt to commit, any ofience against this Act or any rules or reguJation made thereunder and to assist all such oificers in the exercise of their lawlu aulhority."

24. ln the principal Act, in section 26,-

(i) ior sub-seciion ('1), the following shall be substituied, namely:-

"(1) The Chlef Engineer, the Public Health Engineer or any employee authorized by the competent authorty in this behali or empowered in this behali by or under^the provislons ol this Act or rules made there under, may, enter into or upon any land or premises with or without assistants and workmen for the purpose ofi-

(a) ascerta ning whether, within or outside the land or premises, there is or has been any contravention ol the provisions of this Act or any ru es made thereunderi

(b) taking any action or executlng any work authorised or required by this Aci or any rules or regulatlon made thereunder;

(c) making any inquiry, inspection, examination, measurement, valuation or survey "authorised under this Act or rules made thereundel';

(ii) aiter sub-sectlon (2), the lollowing sub-sections shall be inseried, namely:-

"(3) the Chief Engineer, Public Health Engineer or any employee authorised by the competent authority,^may enter on any adioinlng land or premises, with or without asslstants and workmen for requirement under sub- section (1) or for depositing thereon any soil, gravel, stone or olher materials or Jor obtaining access to such work or for any other purposes for administration of any provision of this Aci or rules made thereunder,

(4) lhe person so auihorlsed shall, before entering on any such land or premises staie the purpose thereof, and

(5) ihe person so authorised shall, in exercising any power conferred by this section, do as little damage as may be and sultable compensalion shall be payable by the Department to the owner or occupier ior any such damage, whether permaneni or temporary. Suitable compensation sha I be as determined by the prescrlbed local Authorlty by Law.

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26

(6) ii ihe Chief Engineer, the Publlc Health Engineer,^or any employee autholised in thls behalf by the competent authority is, at any such time, refused admittance into such land or premises Jor the purpose of administration of any provision of th s Act or rules made thereunder, the competent authority may, aiter giving the consumer an oppodLlnity oi being heard, cut of Ire s.pply ol water lo that oren'ises.

(7) li the nature of work requirlng entry ls of such urgency that lt cannot be delayed, it shall be lawlu for the Chief Engineer, the Public Health Engineer, or any employee authorised in this behali by the competent authority, lor purpose of administration oi any provision oJ this Act or rule made thereunder, to make any entry in to any place and to open or cause to be opened any door, gate or other barrier including breaking^in-

(a) if he considers the opening th€leof necessary ior^the purpose of such entry; and

(b) ii the owner or occupier ls absent or being present refuses to open such door, gate, or barrier.

(8) Before making any entry or break in nto any such place or opening or causing to be opened any such door,^gate or other barrier, the Chief EnOineer, the Public Health Engineer or the employee authorised or empowered in thls behalf, shall call upon trrvo or more respectable inhabltants oi the locality in which the piace to be entered into is situated, to witness the entry or opening and may issue an order in writing to them or any of them so to do.

(9) A report shall be made to the Department as soon as may be aiter any entry has been made into any place or any door, gate or other barrier has been opened under this section.

(10) Save as otherwise provided ln this Act or any rule made theleunder, no entry authorised by or under this Act, shall be made except betweer the hours ol sunrise and sunset.

(11) Save as oiherwise provided for in sub-section (7) and any other provision of this Act or any rule made there under, no entry upon or inio any land or premise shall be made without the consent of the occupier, or ii there ls no occupler, or the owner thereoi and no such entry shall be made wjthout giving the said owner or occupier, as the case may be, not ess than twenty_ hours written notice of the intention to make such entry.

(12) When any place used as a human dwelling is entered under this Act, due regard shall be paid to the soclal rit

27

Amendment Section^27. Amendment ol

Section 29 Amendment of

Section 30 and religious customs and usages of the occupants of the place entered, no apartment in the actual occupancy of a female shall be entered or break open uniil she has been informed that she is al lberty to wiihdraw^and every reasonable facillty has been aiforded to her for wlthdrawjng."

25. ln the princlpal Act, n section 27,-

(i) lor ihe marginal heading "lnjuring meter ilttlngs",^the marginal heading "lnjuring meter, fltiings, water works"

shall be substltutedi

(i) for sub-section (1), the following shalL be substituted, namelY:-

"(1)^No person sha I wllliuLly^or negligently iniure or suiier^to be njured any meter or any oi the fittlngs oi any meter, any other fitting oi water works and shal be deemed to be an oiience under this Act.";

(ii) after sub-sectlon (1), the following sub-sections shal^be inserled, namelY:'

"(2) Such person shall be prosecuted in the l\lagjstrates Couri and the offence under sub-section (1) shall^be punishable by a fine equal to iwo iimes the actual^cost of repair, renewal or restoration or imprisonment up^to two years or wiih both.

(3) The actual cost of repair, renewal or restoration under sub-section (2) shall be as deiermined by the competent authorlty, whose written certificate shall be linal^and blndlng."

26. ln the principal Act, in section 29, after sub-section ('1), the folowing sub-sections shall be inserted, namely:-

"(2) Subject to techno"economic ieasibillty, the Public Health Engineer in charge of water supply may fix hydrants or static tanks, at such places as may be most convenient lor aflording a supply of water for extinguishing any iire.

(3) The Competent Authority may require the owner^or occupier of any iactory, workshop, trade premises or pace of business or residentiaL house or non residential house, to plovide for and maintain in working conditlon and in a sultable ocailon and ol prescribed dimensions, static tanks and one or more fire hydranis, to be used only lor extingulshing lires."

27. ln l.e prilcipa Act. in seclio- 30,-

(i) throughoui sub-section (1), for the words "Chief Engineer-cum-Secreiary, Buildings, PHE and Housing - /8-

28

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I

:

Amendment of

Section³¹ Amendment ol

Section³² Department", wherever ihey occur, the words "Prlncipal Chief Englneercum-Secretary" shall be substiluted;

(ii) ln sub-section (2), after the words "under appeal"

appearing at the end, the words "and the orders of the appellate authority on such appea shall be iinal" shall be lnserted.

28. |n the principal Act, ln section 31, the words "water supply"

appearing before the word "Department" and after the words 'lhe Min jsier-in-charge of", shaLL be omitted.

29. ln the principal Act, section 32 shall be renumbered as sub- section (1) thereof and after sub-section (T) as so renumbered, the iollowing sub-section shall be inserted, namely:-

"(2) Jolnt and several llability oi owners and occupiers^{sha I} exisl for sub-section (1). "

30. ln the principal Act, for section 33, ihe following shall be substituted, namely:-

"33. Levy of Water Fee

(1) For the purposes of this Acl, the Government shall levy, on any estab ishment, industry where water not supplled by lhe competent authority is used foT^non domestic purpose, a lee at such rate the Government may, lrom tlme to time, by notification, specify and different rates of fee may be specllled lor dlfferent areas or dilferent usage.

Provided thatr-

(a) no such fee shall be levied and collected in any^a.ea where such iee is already being collected by any local authority, or any other authority under the provisions of Sikkim Laws;

(b) no such iee shall be levied and col ected in any area where water charge is already being collected by the competent authority;

(c) no such iee shall be levied ano collected from any establishment, industry where the daily usage is up to one kilolitres;

(d) no such fee shall be levied and collected when water is Jsed ior agr cuhural purposes.

31.1n rhe prircipal Acl. i1 seclior 34.-

(1) in the marginal heading, lor the words "Annual Value", the words "water iee" shaLl be substituted:

Amendment

Section 33

Amendment

ol

Section³⁴

a,n

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29

Amendment Section 35 Amendment ol

Section 36

(2) for section 34 and the entries relating thereto, the follow ng shall be substituted, namelyr-

"(1) For the purpose oi seclion 33, Water Fee shall be assessed as per the usage data of the estab ishment or industry and the annual b ll for each financial year shall be payable by the establishment or industry.

(2) The Competent Authority may by notice demand, the user of water under section 33 of the Act to submit evidence or records of the annual usage of the volume oi water in the establishment or indusiry, refusal to submlt the record shall invite penaty in terms ol^the Act.

(3) The average dally consumption shall be based on the annual usage record ol the preceding year, or may be evaluated by the Divislona Engineer, considering ihe avallable information, which the user shall be bound to accept, provided that reasons for such evaluatjon shall have io be recorded.

(4) Any person aggrieved by an order ol evaluation of the annual usage made by an authority under sub-seciion

(3) may, within 30 (thirty) days from the date ol lhe order. prefer an appeal to such au'thorjty as may be prescrlbed (herelnafter referred to as the prescrlbed authorlty) in such manner as may be prescrjbed."

32. ln the princlpal Act, lor section 35, ihe ioilowing shall be substituted, name yi-

"35. Fees and Charges

(1) The compeieni auihority may levy such iees or charges for lssue of no objection certiflcate, water quality certificate, water availability certificate or any other certiiicate regarding water supply and for conneciion, disconnection, re-connection oi water supply or testing or supervision or for any other service rendered or work executed, repaired, maintained or supervised as may be prescribed.

(2) Ihe iees or charges referred io ln sub-section (1) shall be such as rray be prescribed."

33. ln the principal Act, section 36 shall be renumbered as sub- section (1) thereof and after sub-section (1) as so re- numbered, ihe fo lowing sub-section shall be inserted, name y:-

"(2) The Competent Authority may provide free of charges gralu tous supply of wholesome water to the public withln the notilied area and may, ior that purpose, erecl public stand posis or oiher conveniences."

-)4,

f.

{*t/

30

Amendment of

section 37

34. ln the prlncipaL Act, lor sectlon 37, lhe lollowlng shall be substituted, namelY:-

"37. Manner of realization of water charges, fees or fines {1) The competenl authorlty may by notice require^the owneT or occupier of the premises to pay wthin¹⁵ (iifteen) days irom the dale of recelpi ol notlce the charges, fees or fines on account due and recoverable lror sJc^ owrer o'occup'er.

(2) lf any notice, order or requisition has been issued^to any person in respect o{ property of whlch he is the owner, lhe authority or officer at whose instance^such notice, order or requisltions has been issued,^may require ihe occupier, receiver, trustee or agent of^such property or gf any part thereof pay to him, lnsiead oi ihe o*n"r,^any rent payable^by him !n respect of such property, as it falls due up to the amount recoverable Jrom the owner;

Provided that if the occupler reiuses to disclose the correct amount of the rent payable by him or the name or address oi the person to whom lt is payable, the authorjty or officer may recover ilom the occupler^the whole amount recoverable, as an arrear oi charges payable under this Act.

(3) Nolwithstanding any contraci between the owner and the occupier, any amount recovered from an occuplel instead oi from an owner under sub-section (2), shall be deemed to have been rent paid by the occupier^to the owner. The certificate ol receipt, indlcating such an arnouni, issued by the competent althorlty shall be iinal and conclusive proof oi payment in this regard.

(4) Whenever the owner of any land or buiLding fails to execute any work which he is required to execute under thls Act or any rule made there Llnder, the occupier, if any, oi such land or building may, with the approval oi the Department, execute the said work and he shall, notwithstanding any contract between^the ownel and the occupier, be entitled to recover ilom^the owner the reasonable expenses incurred by him in the execution oi the work and may deduct the amount thereof from the rent payable by hi'n to the owner.

(5) Where any person, by reason ol his receiving rent to irnmovab e properly as a receiver, agent to trustee or ii his being, as a receiveT, agent or trustee, the person who would receive the rent if the property were let^to tenant, would under this Act or any rule made there under, be bound to dlscharge any obligation imposed on the owner oi the property ior the discharge oi which -21

31

= r fg

lnsertion of new section money s requlred, he shall not be bound to discharge the ob igat on unless he has, or but lor his own in'rproper act or defau t mighi have had, funds in hls hands belonging to the owner suflicient ior the purpose.

(6) The burden of proving any fact entitLing a receiver, aqenl or trustee to relief under sub-section {5) shall^lie upon hlm.

(7) Where any receiver, agent or trustee has claimed and establ shed his right 1o relief under this section,^the Depariment may by notice in wrlting require hlm, to apply to the discharge of his obllgation as aforesaid the flrst money which may come io his hands on behall or for the use of the owner and on fallure to conply^with notice, he shall be deemed to be personally liable^to discharge the obligation.

(8) Any person who has been convicted of an offence against this Act or any rule made there under shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to^pay such compensation for any damage to ihe property ol the Department resulting from the said oflence as the Department may consider reasonable.

(9) Save as the certificate issued under section 16, section 21, and section 27, in the event ot a dlspute regardlng the amount of reasonab e compensation, payable under sub-section (B) such amounl shall, on application^made to him be determlned by the Magistrate before^whom the said person was convicted of the offencei and on non-payment of the amount of corrpensation so determined the same shall be recovered under a warrant irom the sald N.4agistrate as if ii were a iine imposed by him on the person liable therefor and remit It to the competent authority.

(10) Where the owner or occupier of the premlses fails^to pay the amount due from hlm within the period specified in the notice issued under sub-sections (1), (2) and^(7), the compeient authority may, without prejudlce to any other mode o{ recovery, prepare a certiilcate indicating the amount due irom such owner or occupier and send the same to the Judicial Maglslrate oi the First Class of lhe area ln which the premises or land is sltuated.

(11) The JLrdicial Magistrate to whom the certificate is sent shall realize the amount specllled in such certificate^as iI lt were a line imposed by such l\lagjstrate and remit the same to the competent authority".

ln ihe prlncipal Act, after section 37, the followlng section shall be inseded, namely:- 374

35.

32

"37 A. Notices

(1) Where any notice, bill, order or requisiiion issued^or made under this Act or any rule made thereunder, requires anything to be done ior the doing of which no time is fixed in this Act or the rule made thereunder, the notlce, bill, order or requisltion shall specify^a reasonable time for doing the same-

(2) All notices, bill, summons and other documents required by this Act or any rule made thereunder 1o be served upon, or issued to, any person, shall be served^or issued by such persons as may be authorized by^the Department.

(3) Every notice, bill, summon, order requisition or other document required or authorised by this Act or any^rule made thereunder to be served or issued on any person shall, save as otherwise provided in this Act or^such rule, be deemed to be duly served-

(a) where the person to be served ls a company ii the document is addressed to the Secretary of^the Company at its registered office or at its principal ofiice or place of business and is either"

(i) sent by speed post or registered post; or

(ii) delver at the registered ofiice or at the principal oijice or place of business of the company;

(b) where the person to be served is a partnership, lf the document is addressed to the partnership at^its principal place of business, identifying it by the name and style under which its business is carried on, and^is either-

(i) sent by speed post or registered post; or (.) delivered al r1e saio place of bus'1essi

(c) where the person to be served is a public body of a Department, orqanization, society or other body, if the document is addressed to ihe Secretary, Treasurer or other head of otfice of that body, Department, organization, or society at its principal office, and is either-

(i) sent by speed post or registered posl; or

(ii) delivered at that office;

(d) in any other case, ii the documenl is addressed 10 the person to be served and-

(l) is given or tendered to him;

(ii) i'f such person cannot be found is given or tendered to some adult member of his iamily; or

{u

-23^-

(ll) is sent by speed post or registered post^to that person

(4) Any document which is required or auihorized to be served on the owner or occupier of any and or buildlng may be addressed as, 'the owner'or'the occupief as the case may be, ol that land or building (identifying that land or building) without further name ol description, and shall be deemed to be duly served-

(a) if the document so addressed ls sent oT delivered^ln accordance wiih sub-sectlon (5) and its relevant^sub clause; or

(b) where a document is served on a partnershipⁱⁿ accordance with thls section, the document shall^be deemed to be served on each pafiner' if the document so addressed is sent or delivered in accordance^with sub-section (5) and iis re evant sub-clause

(5) For the purpose oi enabling any document to be served on the owner of any premises the Public Health Engineer or any other olfjcer authorized or empowered to do so may by notice in wriling requlre the occup^er oi^the premises to state the name and address of^the owner thereof.

(6) Where the person on whom a document is to be served is a minor ihe service upon his guardian or^any aduli member of his iarni y shall be deemed to be served upon the minor'

(7) Nothing in the sub-sections (1)to (5) shall apply to^any summons issued under this Act by a Court.

(8) ln the event of non"compliance with the terms of^any notice, order or requisiiion issued to any person under this Act or any rule made there under, requiring^such person io execute any work or to do any act, it shall be lawiul for the auihority or officer at whose instance the notjce, order or requisition has been issued, to iake such acilon or such steps as may be necessary for the completion of the act or the work requlred to be done or executed by such person and all the expenses incurred on such account shall be payable to the Department on demand and ii not paid within 15 (flfteen) days after such demand, the expenses shall^be recoverable as an arrear of charges payable under this Aci, whether or not the person in defauLt ls liable^io punishment ior such deiau t or has been prosecuted or sentenced to any punishment thereof.

(9) No notice, order, requisitlons, permjsslon in writjng^or any other documeni issued under this Act or any^rule shall be invalid merely by reason oi any defect ln lorm or detail."

-24'

2:1

34

Amendment of

Section³⁸ Amendment ol

Section³⁹

36.

37.

ln^the principal Act, in section 38, in clause (a) oi^sub- section (2), after the word "firm" and belore the words^"or other associaUon", the word "organization" shal be lnserted. ln the prlnclpal Act, for section 39, the fo owing shall^be substituted, namelyi-

"39. Sanction for prosecution, Arrest

(1) No prosecution shall be instltuted under this Aci without the permission ln writing of the Government

(2) Save as otherwise provided in this Aci, no Court shall proceed with the trial of any oflence made punishable by or under this Act or any rule, except on^the complalnt of or upon written informaiion received from, the Public Health Engineer or any officer authorlzed^by the compelent authority.

(3) The Chief Engineer, the Publjc Health Engineer, or^any offcer authorised in this behalf by the Competent Auihority or any police ofiicer who shall be, of, or equa to or higher than the status of a sub-inspector ol police may arrest any person who commlts in his view any olience againsl this Act or against any ru e made there under,^if,-

(a) the name and address oi such person be known^to him; and

(b) such person on demand decLines to give his name and address or gives a name and address which^such oilicer has reason to believe to be false

(4) No person so arrested shall be detained in custody after his true name and address are ascertained or' without the order of the nearest l!4agistrate, ior a period longer than twenty-four hours from the tirne oi arrest exclusive of the time necessary for the journey from the pLace ol arest to the Court ol such Magistrate

(5) lf the compelent authority has reason to believe that an ofience has been committed rn vio ation of any provisions of this Act or rules made thereunder,^the o!!ner, the person prirnarily liable for the payment ol the charges ior water, and the occupiers of the sajd premises shall be jointly and severa ly liable lor such oiJence."

38. ln the principal Act, in section 40,-

(j) lor the marginal heading "De egation",^the headlng "Delegation, Competent Authority delegaiion" shall be substituted; marginal

and Be-

Amendment

of

Section 40

(--

25 -

35

Amendment Section⁴¹ Amendment ol

Section 42

(ii) after sub-section (2), the iollow ng sub-sections shall be inserted, namely:-

"(3) The Pr ncipal Chief Englneer-cum-Secretary of the Department shal be competent authoriiy in respect oi the adm nistration of ihis Act and for that purpose may exercise al powers necessary in that behalf or delegate It io a subordlnate authority by an order in writing.

(4) The Chief Engineer or any olher olficer or oiilcers notllied by an order of the competent authority in this behall may a so exeTc se any power or periorm any lunction entr!sted to him by such notificatlon."

39. ln the pincipal Act,-

(i) section 41 shall be renumbered as sub-section⁽¹⁾ thereof and in sub-section('l) as so re-numbered, after the word "thereunder" and before the words "shall, on conviction", the words "or fails io comply with any order or direction lawfully given to him or any requisillon lawfully made upon him under any of the said provlsions" shall be inserted;

(ii) alter sub'sectlon (1) as so re-numbered, the iollowing sJb-secrions sl_a be i_seneo. ^arrey:-

"(2) ln the case oi a contlnuing coniravention or failure after conviction, such coniinuinq of contravention or failure shall be punishable with dally fine which may extend^to one hundred rupees for every day during which such contravention or failure continues after conviction.

(3) Action taken under Act or the rules made thereunder, against any person shal be wiihoui prejudice to any penaltles to which he may otherwise be liable under any other Law."

40. ln the prlncipal Act, for seciion 42, the following sha be substituled, namely:-

"42, Protection of Action taken under this Act and Public Servant

(1) No sult or prosecution shall be entertained in any court against the Department or against any oflicer or employee of lhe Department or against any person act ng under the order or direction of the Competent Authority or any ofiicer or employee of the Deparlment for anythlng which is in good faiih done or intended^to be done undeT this Acl or anv rule or regulatlon, made thereunder.

- )6,

36

No suit, prosecution or other legal proceedings shall lie against any olficer or employee of the Deparlment lor any act done or purporting to be done under this Act or any rule or regulation made there under without^the previous sanction of the Government. All members, oilicers and employees oi the Depanment shall be deemed, when acting or purporting to act in pursuance of the provisions of this Act or any rule or requlations made thereunder, to be public servants within the meaning of Law lor the time being in iorce."

41.|n the principal Act, in section 43,-

(i) ln the marginal heading, alter lre word "rules", the words "and supplemental order" shall be inserted;

(ii) in sub-section (2),-

(a) in clause (d), the words "and all meters in connection, with the use of water and turning on and ofl and prevenring waste ol water' appea'i1g afle'Ihe wo'd

"meters" shall be omitted;

(b) for clause (g), the following shali be subslituted, namely:-

for connection, disconnection,

other services rendered to^the

f ollowing shall be substituted,

"(h) the equitable distribution oi water supplied to the owners, occupiers or users within the notified area";

(d) after clause (h), the following clauses shall be inserted, namely:-

"(i) altering the position of connections;

(j) the prohibition ol iraudulent and unauthorized use of water and the prohibition of tampering with meters;

(k) the compulsory employment of engineers or plumbers for the work of consumer line or service line or internal and external plumbing oi the consumer's premises.

(l) the delegation and re-delegation of duties and responsibjlities oi officers and ernployees ol^the Department;

(2)

(3)

Amendment ol

Section⁴³

"(g) charges or fees

37

(m) the power of the Competent Authority to take charge of private connections;

(n) any other maiter arising out of the Department's function under this Act, in which it is necessary^or expedient to make such Rules.

(o) the use of water and preventing misuse, wastage or disturbance in the equitable distribution of water."

JAGAT B. RAI (SSJS)

L-R-cum-SECRETARY

LAW DEPARTMENI

S.G.P.G, -121/ Com.2/Cazette /100 NosJ Dl? 22.03,2018.

THE SUBSEQUENT AMENDMENTS TO THE SIKKIM WATER SUPPLY AND WATER TAX ACT, 1986 (ACT NO. 8 OF 1986) AMENDED AND

UPDATED UPTO MARCH, 2018

38