section 28
Power to enter premises
The Sikkim Water Supply and Water Charges Act, 2025Infrastructure202543 sections
Statutory text
- (1) The Public Health Engineer or any employee authorized or empowered by the competent authority in this behalf under the provisions of this Act or the rules, may, enter into or upon any land or premises with or without assistants and workmen for the purpose of: -
- (a) ascertaining whether, within or outside the land or premises, there is or has been any contravention of the provisions of this Act or the rules;
- (b) taking any action or executing any work authorised or required by this Act or any rules or regulation made hereunder;
- (c) making any inquiry, inspection, examination, measurement, valuation or survey authorised under this Act or rules;
- (d) depositing thereon any soil, gravel, stone or other materials for obtaining access to such work or for any other purposes for administration of any provision of this Act or rules made hereunder: Provided that if any such premises is an apartment in the actual occupancy of a woman who, according to the custom does not appear in public, such officer shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing and may then enter the apartment.
- (2) The person so authorised shall, before entering on any such land or premises state the purpose thereof.
- (3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be and suitable compensation shall be payable by the Department to the owner or occupier for any such damage, whether permanent or temporary. Suitable compensation shall be such as may be determined by the competent Authority as admissible by Law.
- (4) If the nature of work requiring entry is of such urgency that it cannot be delayed, it shall be lawful for the Chief Engineer, the Public Health Engineer, or any employee authorised in this behalf by the competent authority, for purpose of administration of any provision of this Act or the rules made, to make any entry into 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 thereof necessary for the purpose of such entry; and
- (b) if the owner or occupier is absent or being present refuses to open such door, gate, or barrier.
- (5) Before making any entry or break in into any such place or opening or causing to be opened any such door, gate or other barrier, the Chief Engineer, the Public Health Engineer or the employee authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place 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.
- (6) A report shall be made to the Department as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section.
- (7) Save as otherwise provided in this Act or any rules made in this behalf, no entry authorised by or under this Act, shall be made except between the hours of sunrise and sunset.
- (8) Save as otherwise provided in in sub-section
- (4) and any other provision of this Act or the rules, no entry upon or into any land or premise shall be made without the consent of the occupier, or if there is no occupier, or the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty hours written notice of the intention to do such entry.
- (9) When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social 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 until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.
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