The Sikkim Water Supply and Water Tax Act, 1986

(1) This Act may be called the Sikkim Water Supply and Water Tax Act, 1986. (2) It extends to the whole of Sikkim. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas and for different provisions of this Act.

(1) In the principal Act, in section 2,- (a) for clause (i), the following shall be substituted, namely:- "(i) 'area' means the urban area in the State and includes such other areas adjacent thereto as the Government may declare by notification from time to time, specify to be an area for the purposes of this Act"; (b) for clause (xiii), the following shall be substituted, namely:- "(xiii) 'service pipe' or 'service line' means the portion of consumer main starting from the point where consumer main joins the 'Government main' up to the point in the 'consumer main':- (a) where water meter is installed, if installed; or (b) where the pipe terminates and the water supplied is emptied into a consumer sump tank; or (c) where water is tapped or drawn for use by the consumer " (c) after clause (xiii) and the entries relating thereto, the following 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 notification; (xv) 'rules' means the rules made under this Act; (xvi) 'Chief Engineer' means the officer appointed or authorized by the Government to perform the functions of the Chief Engineer under this Act and includes an Officer placed in additional charge of the duties of the Chief Engineer; (xvii) 'Government' means the State Government of Sikkim; (xviii) 'Engineer' means a person holding a valid certificate issued by an institution or college of having passed the course of Diploma or Bachelor's Degrees or Masters Degree in Civil Engineering subject; (xix) 'Plumber' means a person having ITI certificate or certificate issued by a recognized Skill Building Institute of having passed the course of plumber; (xx) 'Local Authority' means- (a) a Municipal Corporation or Municipal Council, or Nagar Panchayat constituted under the law in the State; (b) a Gram panchayat constituted under the law in the State; (c) a Government Authority for the purpose, as established by law. (xxi) 'Public Health Engineer' means an Officer appointed by the Government to be the Public Health Engineer to discharge the duties of water supply under the provisions of this act and includes any officer placed in charge of the duties of the Public Health Engineer; (xxii) 'Employee' means any person who is paid salary or wage directly by the Department and shall not include any person or persons engaged by any contractor or agent of the Department; (xxiii) 'State' means the State of Sikkim; (xxiv) 'Trade premises' means any premises used or intended to be used for carrying on any trade or business of any industry or company; (xxv) "Fittings" shall mean pipes (other than mains, taps, cocks, valves, ferrules, pumps, meters, cisterns, baths, and other similar apparatus used in connection with the supply and use of water; (xxvi) 'Charges' shall mean water charges, water fees, fines, recoveries for works or any such charges made under this Act or rules made thereunder; (xxvii) 'Premises' shall mean any land, building, superstructure, apartment, residential building or any non-residential building". (2) the existing section 2 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:- "(2) Unless the context otherwise requires, the words using the masculine gender shall include the feminine gender, words importing the singular shall include the plural, and words beginning with capital letters shall have the same meaning as may be written in small letters, and vice versa. Explanation.- 'he' shall have the same meaning as 'she' and vice versa, 'fitting' shall have the same meaning as 'fittings' and vice versa, 'Competent' shall have the same meaning as 'competent' and vice versa."

(1) In the principal Act, in section 3,- (1) in sub-section (2),- (a) in clause (e), after the words "produce", the words "any preparation therefrom" shall be inserted; (b) in clause (h), before the words "for watering streets", the words "for construction or" shall be inserted. (2) after sub-section (2), the following 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 rules, to supply water thereto for domestic consumption and use. (4) The Public Health Engineer in charge of water supply may, if it appears to him that the superstructure are without a proper supply of water for domestic consumption and use and that such supply can be furnished from the main not more than 35 (thirty five) meters distance from any part of any such superstructure, by notice, require the owner of the land to obtain such supply. (5) Where on any land there are two or more superstructures or apartments, and the owner of the land is not the owner of all the superstructures or apartments, the Public Health Engineer in charge of water supply may, if it appears to him that the superstructure or apartment is without a proper supply of water for domestic consumption and use and that such supply can be furnished from the main not more than 35 (thirty five) meters distance from any part of any such superstructure or apartment, by notice, require the owner of the superstructure or apartment to obtain such supply."

No person shall, use or allow to be used water supply sanctioned for domestic purposes or for any other purpose without the prior approval of the competent authority.

(1) An application for supply of water shall be made in the prescribed form and it shall be addressed to the competent authority, specifying therein the purpose for which supply of water is required, and the quantity of water for such purpose. (2) The competent authority may, on receipt of an application, allow a consumer to use the water for purposes other than domestic purposes on execution of a deed by the applicant in the prescribed form and manner. (3) The supply of water for the purposes of watering lawns and gardens shall be made on meter basis or in such other manner and on payment of such charges as the competent authority may determine. (4) No person shall, without the previous written permission of the competent authority, use water supply under this Act for any purpose other than that for which it is sanctioned.

In the principal Act, in section 6,- (1) for the marginal heading "Prohibition of wastage of water", the following shall be substituted, namely:- "Prohibition of pollution, wastage, misuse or disturbance in equitable distribution of water"; (2) for sub-section (1), the following shall be substituted, namely:- "(1) No owner or occupier of any premises to which water is supplied by the Government shall cause or suffer any water to be polluted, wasted, 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 out of repair so as to cause pollution, wastage, misuse or disturbance in equitable distribution of water; (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 "from the consumer" appearing at the end, the words "as an arrear of Water charge payable under this Act" shall be inserted.

(1) The competent authority may cut off the water supply from any premises - (a) if any fee, rental, cost of water or any charge or other sum due under this Act is not paid by the consumer within the period of fifteen days after receipt of a written notice from the competent authority; (b) if after the receipt of a written notice from the competent authority requiring him to refrain from using water in such manner, the consumer continues to use the water or permits the same to be used in contravention of the provisions of this Act or any rule made thereunder; or (c) if the consumer damages or causes to be damaged the water meter or any connection pipe or ferrule; or (d) if the consumer refuses to admit any officer, or his employee, of the Government duly authorised by the competent authority in this behalf, into the premises which he proposes to enter for the purposes of executing any work or placing or removing any apparatus or of making any examination or inquiry in connection with the water supply or prevents any officer, or his employee, from executing any work or placing or removing any apparatus or making such other examination or inquiry; or (e) if the service pipe or any tap or other fitting or work connected therewith is, in the opinion of the officer of the Government duly authorised in this behalf or by his employee, found to be out of repair to such an extent as to cause wastage of water and immediate prevention thereof is necessary; or (f) if the consumer causes or allows to be caused the service pipe or any tap or other fitting or work connected therewith to be placed, removed, repaired or otherwise interfered with in contravention of the provisions of this Act or the rules made thereunder; or (g) if by reason of leakage in the service pipe or any tap or other fitting or work, damage is caused to any public or private property and immediate prevention thereof is necessary. (2) No action taken under sub-section (1) shall relieve the person from any penalty or liability which he may have otherwise incurred under the provisions of this Act or the rules made thereunder. (3) The competent authority may order reconnection of supply of water disconnected under sub-section (1) on payment of such charges and on such terms and conditions as may be prescribed. Provided that the competent authority may withdraw such supply at any time if it considers necessary so to do in order to maintain sufficient supply of water for domestic purposes.

The competent authority may, on receipt of an application by the owner or occupier in the prescribed form and manner and on execution of a deed in the prescribed form and manner, arrange for supply of water from the Government main or distribution pipe to him for domestic purposes or for other purposes in such quantities as it may deem reasonable and may at any time limit the amount of water to be so supplied.

In the principal Act,- (1) section 9 shall be re-numbered as sub-section (1) thereof, and in sub-section (1) as renumbered, after the words "an application within", the words "such specified time and communicate the same in writing to the applicant" shall be inserted; (2) after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:- "(2) The submission of the duly filled up and signed Application Form along with the specified documents under the Rules made thereunder, to the office of the Divisional Engineer, Water Supply Division, shall, deem to mean the acceptance of, all the conditions and undertaking laid therein."

(1) When the request of the applicant for grant of water supply is accepted by the competent authority under section 8 or section 5, the person so applying shall at his own cost supply the pipe and fitting and cause to be carried out the joint and fitting for applying such service pipe and fitting under which water supply is sanctioned. Provided that the competent authority may order to be undertaken the work of laying of service pipe, at the consumer's cost in certain area where the competent authority, for reasons to be recorded in writing, deems it necessary so to do. (2) The charges for giving initial connection shall be not less than one hundred rupees and not more than five hundred rupees only.

(1) Water Supply connection by the Department for any purpose including that of domestic use shall ordinarily be given only at the ground level of the premises. It shall not be lawful for any owner or occupier to demand water supply connection from the service pipe at any other elevation or level. (2) It shall not be lawful for any owner or occupier to use any pumps or devices to suck water directly or indirectly from the government mains or service pipes. (3) The owner of every premises having more than one storey and connected with water supply from the service pipe at the ground level shall, provide a sump and set up electrical pump or other contrivances of adequate capacity and such other arrangements as prescribed, to pump the water to the required height of such premises with the prior approval of the competent authority. (4) On every service pipe laid after the date of coming into force of this section, the owner or occupier shall, fit a stopcock on every service pipe laid before or after such date. (5) Every stopcock fitted on a service pipe after the date of coming into force of this section shall be placed in such position as the Department deems most convenient: Provided that- (a) a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters that premises: and (b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable. (6) No water pipe shall be laid in a drain or on the surface of an open channel or house gully or a cesspool or in any position where the pipe is likely to be damaged or the water therein polluted; and except with the approval of the Department, no latrine pit or soak pit or cesspool shall be constructed or made within six meters of any water pipe or water work or in any position where the water pipe or water work is likely to be damaged or the water therein polluted. (7) No person other than an Engineer or a plumber or an Officer or employee authorised by the Competent Authority in this behalf shall execute the work of consumer main, service line or internal water supply connections of premises. (8) No water supply connection shall be given to the owner or occupier of a premise unless the internal water supply connections of such premises have been duly executed in accordance with the standard specifications prescribed under this Act. (9) The State Government may by notification in the Official Gazette, make regulations for compliance by the Engineers or plumbers. (10) Any person who willfully violates the provisions of this section shall be liable 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 section".

(1) The sanction permitting supply of water under this Act shall be valid for a period of six months from the date of its issue and if the person in whose name such sanction is issued fails to get the pipes fitted with the connection within the said period of six months, or such further period as the competent authority may, by order, grant, the sanction shall lapse. Provided that the sanction which may become inoperative may be revalidated for a further period not exceeding three months on payment of a fee of rupees twenty five.

If at any time, supply of water is proposed to be stopped for more than twenty four hours in any local area or to any premises, the competent authority may by giving twenty four hours oral or written notice, inform the local authority and the inhabitants of such local area or the owner of such premises, as the case may be.

(1) In the principal Act, in section 13, for the marginal heading "power to lay or carry pipes", the marginal heading "power to lay or carry pipes or to construct water works and payment of compensation etc", shall be substituted. (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 shall be inserted, namely:- "(2) All reservoirs, tanks, cisterns, fountains, wells, and bore wells, pumps, pipes, taps, conduits and other works connected with the supply of water to the notified area, including the headworks, reservoirs and the Government mains, and all bridges, building, machinery, works materials and other things connected therewith and all land (not being private property) adjacent and appertaining to the same, shall vest in the Department and be subject to its control. (3) The Department may construct, lay, or erect filtration plants, reservoirs, machinery, conduits, pipes, or other works in any place in the state for supplying the notified area with water, and may provide, tanks, reservoirs, machinery, mains, fountains and other conveniences within or outside the notified area for the use of the inhabitants. (4) The Department may cause existing water works to be maintained and supplied with water or it may close any such works and substitute other such work and may cause them to be maintained and supplied with water. (5) Notwithstanding anything contained in any other law for the time being in force, the Department may lay a main within or without the local limits of the notified area,- (a) in 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 Government; (b) with the consent of every owner or occupier of any land not forming part of a street, in over or on that land, and may, from time to time inspect, repair, alter or renew or may, at any time, remove any main, whether laid 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 of the land a 15 (fifteen) 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 street or land referred to in clause (a) of sub-section (5) or inspects, repairs, alters, renews or removes a main so laid in, over or on any such land, it shall pay a compensation to every person interested in that land for any damage done to or injurious affection of, that land by reason of such laying, inspection, repairs, alteration, renewal or removal of the main. (7) The Department may, in any street or any land referred to in clause (a) of sub-section (5) whether within or without the local limits of the notified area, lay such service pipes with such stopcocks and other water fittings as it may deem necessary for supply of water to premises and may, from time to time, inspect, repair, alter or renew and may, at any time, remove any service pipe laid in such street or land whether under this Act or otherwise. (8) Where a service pipe has been lawfully laid in, over or on the land not forming part of a street or land referred to in sub-section (7), such officers as the Department may authorize, from time to time, enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action. (9) The Department may place and maintain conduits and lines of mains or pipes, over, under, along or across any immovable property whether within or without the local limits of the notified area without acquiring the same and may at any time for the purpose of examining, repairing, altering or removing any conduits or lines of mains or pipes, enter on any property over, under, along or across which the conduits or lines of mains or pipes have been placed: Provided that the Department shall not acquire any right other than a right of user in the property over, under, along or across which any conduit or line of mains or pipes is placed. (10) If it appears to the Department that the only technically feasible alternative means of water supply to any premises is by placing or carrying any pipe over, under, along or across the immovable property of another person it may, by order in writing, authorize the owner of the premises to place carry such pipe, over, under, along or across such immovable property; Provided that before making any such order the Department shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by regulations so as to why the order should not be made; Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe is placed or carried. (11) Upon making of 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 immovable property with the assistants and the workmen at any time between sunrise and sunset for the purpose of placing a pipe over, under, along or across such immovable property or for the purpose of repairing the same. (12) In placing or carrying a pipe under sub-section (11), as little damage as possible shall be done to the immovable property and the owner of the premises shall,- (a) cause the pipe to be placed or carried with the least practicable delay; (b) fill 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 of such pipe; and (c) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of such pipe. (13) If the owner of the immovable property over, under, along or across, which a pipe has been placed or carried under this section while such immovable property was not built upon, desires to erect any building on such property, the Department shall on notice in writing, require the owner of the premises as indicated in sub-section (10), to close, remove or divert the pipe in such manner as shall be approved by that and to fill in, reinstate and make good the immovable property as if the pipe has not been placed or carried over, under, along or across the same: Provided that no such requisition shall be made unless in the opinion of the Department it is necessary or expedient for the construction of the proposed building or the sale enjoyment thereof that the pipe should be closed, removed or diverted. (14) No person shall obstruct or hinder any person authorized or empowered by or under this Act in the execution of his duty or of anything which he is authorized or empowered or required to do by virtue of or in consequence of any of the provisions of this Act or any rules or made thereunder. (15) No person shall, except with the permission duly obtained from the Department or the Public Health Engineer in charge of water supply, enter on land or premises or water works of the Department. (16) Save as provided for in any other section of this Act, any compensation to be paid under this section or the other provisions of this Act, shall be as determined by the local authority as established by law."

In the principal Act, for section 14, the following shall be substituted, namely:- "14. Charges for Water Supply (1) The Government may, from time to time by notification in the Official Gazette, fix the time (frequency of payment), conditions and the rate or rates of charges, on metered basis or on the basis of number of taps installed or on the dimension of the supply pipe or and any other form approved by the competent authority, by the consumer for supply of water under this Act and different rate or rates, frequency or condition may be fixed for different areas and for different consumers and for different quantities. (2) The competent authority may provide free of charges grant local supply of wholesome water to the public within the notified area and may, for that purpose erect public stand posts or other conveniences."

(1) The competent authority may, from time to time, by notification, order, (a) the fixing, within such time as may be specified in the said order by the consumer at their own cost, of meters on all pipe connections (whether new or existing unfitted connection), within the whole of the area or a part thereof; (b) the disconnection of the water supply if any consumer fail to comply with the said order. (2) Where any person fails to comply with the order issued under sub-section (1), the competent authority may order installation of meters for the purpose of measuring and recording the quantity of water consumed in any premises or by any person at the cost of the consumer who will deposit such amount as the cost as may be fixed by the Department or may pay such fee for installation of a meter, as may be prescribed. (3) The competent authority may order fixing of a meter at a convenient point between the premises of the consumer and the consumer's main.

ln the principal Act, seciion 16 shall be renumbered as sub-section (1) oi that sectlon and in sub-section (1)as so renumbered,- (i) after the words "altered" and before the words "as may be necessary", the words "and kepl in proper order" shall be inserted; (ii) after sub-section (1), the iollowing new sub-sections shall be inseded

In any case in which a service pipe from the Government main supplies water to two or more premises, the competent authority may, by written notice, require the owners of such premises to lay down separated service pipes for their premises and the expense of so doing shall be borne by all such owners in such proportion as may be determined by the competent authority.

No person shall, without the permission of the competent authority make or cause to be made any connection with the Government main.

Notwithstanding anything contained in any other law for the time being in force or any deed executed under this Act or rules made thereunder, the Government or its officers and employees shall not be liable for any damage to, or penalty for, discontinuing the supply of water or failure to supply water to any person or to any area if the case of such failure is beyond the control of the Government, its officers and employees.

The competent authority may from time to time, regulate the supply of water under this Act for domestic purposes.

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."

(1) The Government may, from time to time, identify and declare certain water sheds or water sources or both or water main routes as 'notified water sheds or water sources, or 'notified water main routes'. (2) Such 'notified water sheds or water sources' or 'notified water main routes' shall be thereupon be under the administrative control of the Building, PHE & Housing Department. (3) Any use of such 'notified water sheds or water sources, or water main routes' by the public, local authority or any other agency shall require prior approval of the Competent Authority. (4) The Government may impose tax for use of water from the 'notified water sheds or water sources' or water main routes by the public, local authority or any other agency and the charges shall not be less than seventy per cent of the charges for supply of water for domestic purposes, as may be prescribed. Explanation.- For the purposes of this section- (a) 'water shed' means an area surrounding any spring, stream or pond (whether formed naturally or otherwise) which conserves and sustains a source of water the quantity whereof is likely to be varied by erosion of soil, felling of trees, or disturbances by cattle grazing or human settlement and includes the gathering ground of a river system; (b) 'water-route' means the strip of land along which the pipe line for supply of water is laid and includes the land adjoining such pipe line which, if disturbed by quarrying, digging, felling of trees, cattle grazing or human settlement, is likely to disturb the stability of the pipe line; (c) water source means any spring, stream or pond (whether formed naturally or otherwise) from where water is tapped for domestic or other purposes.

No person shall,- (a) remove, alter, injure, damage or in any way interfere with the demarcated water works; (b) carry on within the area aforesaid any operation of manufacture, trade or agriculture or do any act whereby injury may be caused or is likely to be caused to any such water works or whereby the water of any such water works may be fouled, polluted or cause such water to be less wholesome; (c) cause or suffer to percolate or drain into or upon any water work anything whereby the water therein may in any way be fouled, polluted or its quality altered; (d) cause or allow to enter an animal into such water works; (e) bathe or wash clothes in such water works; (f) throw or put anything into or upon the water in such water works; or (g) do any other act which the Government may, by notification, prohibit.

(1) The competent authority may authorise any person to take reading of meters installed in any premises to which water is supplied under this Act and make an entry thereof in a register as may be prescribed. (2) Every entry in the register maintained under sub-section (1) shall be prima facie evidence of the quantity of water consumed.

The owner of any premises to which water is made under the provision of this Act and where such water is being misused or wasted within his knowledge shall forthwith give notice in writing to the competent authority of such misuse or wastage.

(1) Any officer not below the rank of a Junior Engineer authorised in this behalf by the competent authority may, between 9 a.m. and 5 p.m. enter into any premises for the purpose of inspecting any water installation. (2) If such officer is, at any such time, refused admittance into such premises for the purpose specified in sub-section (1) or is prevented from making such inspection the competent authority may, after giving the consumer an opportunity of being heard, cut off the supply of water to that premises: 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 he is at liberty to withdraw and shall afford her every reasonable facility for withdrawing and may then enter the apartment.

No person shall willfully injure or suffer to be injured any meter or any of the fittings of any meter.

(1) No person shall fraudulently- (a) alter the index of any meter, or prevent any meter from recording the actual quantity of water supplied; or (b) abstract or use water before it has been recorded by a meter set up for the purpose of recording the same. (2) Where there has been any such alteration, prevention, abstraction or use, the existence of artificial means under the control of the consumer for causing any such alteration, prevention, abstraction or use, shall be the evidence of the consumer having fraudulently effected the same.

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

(1) Any person aggrieved by an order made by the officer authorized by the Chief Engineer-Cum-Secretary, Buildings, PHE & Housing Department may prefer an appeal to the Chief Engineer-Cum-Secretary, Buildings, PHE & Housing Department and where such order is made by the Chief Engineer-Cum-Secretary, Buildings, PHE & Housing Department to the Government within thirty days from the date of the communication to him of such order: Provided that the authority before whom an appeal is filed may entertain the appeal after the expiry of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the prescribed period of thirty days. (2) The appellate authority may, after giving the parties an opportunity of being heard, confirm, set aside or modify the order under appeal.

The Minister-in-Charge of Water Supply Department may, either on his own motion or upon an application made to him, at any time, for reasons to be recorded in writing, call for the record of any case disposed of by any authority under this Act and if in such case it appears to the Minister that any order passed should be modified, annulled or reversed he may pass such order as he may deem fit not inconsistent with the provisions of this Act or the rule made thereunder and such order shall be final and shall not be called in question in any court: Provided that nothing in this section shall apply to cases where an appeal lies unless the time for preferring an appeal has expired.

The rate or rates of charges for supply of water mentioned in section 14 shall be payable by the owner or occupier of the premises as may be decided by the competent authority.

For the purposes of this Act, the Government shall levy, on premises situated in an area where water supply is made by it, a tax at such rate not being less than two per cent and not more than ten per cent of the assessed annual value of the premises as the Government may, from time to time, by notification, specify and different rate of such tax may be specified for different areas, after taking into consideration of the economic 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 authority or any other authority under the provision of Sikkim.

(1) For the purposes of section 33, annual value means five per cent of the market value of the premises: Provided that the annual value in the case of premises occupied by the owner himself shall be deemed to be twenty per cent less than the annual value otherwise determined under this section. (2) The annual value of premises for the purpose of levy of water tax shall be assessed by such officer or authority as the competent authority may, by general or special order, direct. (3) Until an assessment of the annual value of premises in any area is made by an officer or authority referred to in sub-section (2) the annual value of the premises in that area as assessed by the local authority for the purposes of levy of house tax shall be deemed to be the annual value of the premises for the purposes of this Act as well. (4) Any person aggrieved by an order of assessment of the annual value made by an officer or authority under sub-section (2) may, within thirty days from the date of the order, prefer an appeal to such authority as may be prescribed (hereinafter referred to as the prescribed authority) in such manner as may be prescribed. (5) The prescribed authority may stay the enforcement of the order under appeal for such period and on such terms as it may deem fit. (6) The prescribed authority may after giving to the parties an opportunity of being heard, confirm, set aside or modify the order under appeal. (7) The decision of the prescribed authority under sub-section (6) shall be final and binding on the parties.

ln the principal Act, for section 35, ihe following 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."

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 gratu tous supply of wholesome water to the public withln the notilied area and may, ior that purpose, erecl public stand posis or oiher conveniences."

In the principal Act, for section 39, the following shall be substituted, namely:- "39. Sanction for prosecution, Arrest (1) No prosecution shall be instituted under this Act without the permission in writing of the Government. (2) Save as otherwise provided in this Act, 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. (3) The Chief Engineer, the Public Health Engineer, or any officer authorised in this behalf by the Competent Authority or any police officer who shall be, of, or equal to or higher than the status of a sub-inspector of police may arrest any person who commits in his view any offence against this Act or against any rule made there under, 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. (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 Magistrate, 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. (5) If the competent authority has reason to believe that an offence has been committed in violation of any provisions of this Act or rules made thereunder, the owner, the person primarily liable for the payment of the charges for water, and the occupiers of the said premises shall be jointly and severally liable for such offence."

ln the prlncipal Act, after section 37, the followlng section shall be inseded

In the principal Act, in section 40,- (i) for the marginal heading "Delegation", the marginal heading "Delegation, Competent Authority and delegation" shall be substituted; (ii) after sub-section (2), the following sub-sections shall be inserted, namely:- "(3) The Principal Chief Engineer-cum-Secretary of the Department shall be competent authority in respect of the administration of this Act and for that purpose may exercise all powers necessary in that behalf or delegate it to a subordinate authority by an order in writing. (4) The Chief Engineer or any other officer or officers notified by an order of the competent authority in this behalf may also exercise any power or perform any function entrusted to him by such notification."

In the principal Act,- (i) section 41 shall be renumbered as sub-section (1) thereof and in sub-section (1) as so re-numbered, after the word "thereunder" and before the words "shall, on conviction", the words "or fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said provisions" shall be inserted; (ii) after sub-section (1) as so re-numbered, the following sub-sections shall be inserted, namely:- "(2) In the case of a continuing contravention or failure after conviction, such continuing of contravention or failure shall be punishable with daily 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 shall be without prejudice to any penalties to which he may otherwise be liable under any other Law."

In the principal Act, for section 42, the following shall be substituted, namely:- "42, Protection of Action taken under this Act and Public Servant (1) No suit or prosecution shall be entertained in any court against the Department or against any officer or employee of the Department or against any person acting under the order or direction of the Competent Authority or any officer or employee of the Department for anything which is in good faith done or intended to be done under this Act or any rule or regulation, made thereunder. (2) No suit, prosecution or other legal proceedings shall lie against any officer or employee of the Department for 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. (3) All members, officers and employees of the Department shall be deemed, when acting or purporting to act in pursuance of the provisions of this Act or any rule or regulations made thereunder, to be public servants within the meaning of Law for the time being in force."

In the principal Act, in section 43,- (i) in the marginal heading, after the 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 off and preventing waste of water" appearing after the word "meters" shall be omitted; (b) for clause (g), the following shall be substituted, namely:- "(g) charges or fees for connection, disconnection, reconnection and other services rendered to the consumer"; (c) for clause (h), the following shall be substituted, namely:- "(h) the equitable distribution of 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 of fraudulent 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 of the consumer's premises. (l) the delegation and re-delegation of duties and responsibilities of officers and employees of the Department; (m) the power of the Competent Authority to take charge of private connections; (n) any other matter 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."