section 38
Sanction for prosecution, arrest
The Sikkim Water Supply and Water Charges Act, 2025Infrastructure202543 sections
Statutory text
- (1) No Court shall proceed with the trial of any offence made punishable by or under this Act or any rule, except on the complaint of or upon written information received from the Public Health Engineer or any officer authorized by the competent authority.
- (2) The Public Health Engineer or any officer authorised in this behalf by the competent authority may inform the nearest police station to depute any police officer who shall be, of, or equal to or higher than the status of a sub-inspector of police who may arrest any person who commits in his view any offence against this Act or the rules made hereunder, if, -
- (a) the name and address of 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 officer has reason to believe to be false.
- (3) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the Court of competent jurisdiction for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the Court of such Magistrate.
- (4) If the competent authority has reason to believe that an offence has been committed in violation of any provisions of this Act or the rules, the owner, the person primarily liable for the payment of the charges for water or penalty or fine for damages, and the owner or occupiers of the said premises shall be jointly and severally liable for such offence.
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