The SIKKIM SEWERAGE AND SEWAGE DISPOSAL ACT,1987

- )
SIKi(IM
EXTRAORDINARY
PUBLISHED BY AUTHORITY
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No. 3/LD/1987
Gangtok, Saturday, March 28, 1987. Nt) 28
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
NOTlFICA nON
Dated the 18th March, 1987.
The following Act of the Sikkim Legislative Assembly having received the assent of
the Governor on the 13th day of March, 1987 is hereby published for general information:-
Short rifle, ex-
tent and com-
mencement.
Definitions.
SIKKIM SEWERAGE AND SEWAGE DISPOSAL ACT, 1987
( ACT No.2 OF 1987 )
AN
ACT
to provide for regulation of Sewerage and Sewage Disposal and
for matters connected thereto.
Be it enacted by the Legislative Assem bly of Sikkim in the Thirty-
eighth Year of the Republic of India as follows:-
1. (1) This Act may be called the Sikkim Sewerage and Sewage
Disposal Act, 1987.
(2) It extends to the whole of Sikkim.
(3) It shall come into foreeon such date as the State
Government may, by notification, appoint .and di-
fferent dates may be appointed for different areas or
different provisions of this Act.
2. In this Act, unless the context otherwise requires,-
(i) "Cess pool" includes a settlement tank or other
tank to receive or dispose of foul matters from any
premises;
(ii) "Chief Engineer-cum-Secretary" means the Chief
Engineer-cum-Secretary to the Government of Sikkirn
in the Buildings, Public Health Engineering and
Housing Department;
(iii) "Competent -Authority" means the Chief Engineer-
cum-Secretary, in the Buildings, Public Health Engineer-
ing and Housing Department of the Government of
Sikkim or any other officer authorised by him in his be-
half;
1J

2
. (iv) "Department" means the Buildings, Public Health
Engineering and Housing Department in the Govern-
ment of Sikkim;
(v) "Drain" means a sewer, tunnel, pipe, ditch, gutter or
channel or any cistern, flush tank, septic tank or other
device for carrying ofT or treating sewage, offensive
matter, polluted water, sullage, waste water or sub-soil
water and includes any culvert, ventilation -shaft or
pipe or other appliances or fittings connected with such
drain, and any ejectors, compressed air mains, sealed
sewage mains and special mechinery or apparatus for
raising, collecting, expelling or removing sewage or
offensive matter from any place;
(vi) "Government Sewer main" means any pipe or system
of pipes alongwith all fittings thereto laid by the State
Government by means of which Sewage is transported
from any premises to its final disposal point;
(vii) "Occupier", in relation to any premises, means the
following-
(a) any person for the time being paying or liable to
pay rent or any portion thereof to the owner in respect
of those premises;
(b) an owner who is ill occupation of those premises;
(c) a tenant of those premises who is exempted from pay-
ment of rent; .
(d) a licensee who is in occupation of those premises; and
(e) any person, who is liable to pay damages to the owner
in respect of use and occupation of those premises;
(viii) "Owner" in relation to any premises, means the person
who receives the rent of the said premises or who
would be entitled to recei ve the rent thereof if the pre-
mises were let out and includes=-
(a) an agent or trustee who receives the rent on account
of the owner;
(b) an agent or trustee who receives the rent of, or is en-
trusted with the management of any premises de-
voted to religious or charitable purposes;
(c) a receiver or manager appointed by any Court of com-
petent jurisdiction to have the charge of, or to exercise
the rights of an owner of the said premises; and
(d) a mortgagee in possession;
(x)
(xi)
"premises" means any land
part thereof;
"prescribed" means prescribed by rules;
"sewage" means night-soil and other contents of
water closets, latrines, privies, urinals, cesspools or
drains and polluted water from sinks, bathrooms,
stables and other like places and includes trade effluent;
and/or building or any
(xii) "sewer" means closed or open conduit for carrying
sewage, offensive matter, polluted water, waste water,
or sub-soil water;
"sewerage" means a system of collection of waste
water from community from its houses, institutions, in-
dustries and public places, pumping, treatment, utiliza-
tion and disposal of such waste water, its effluent,
sludge, gas and other products;
(xiii)

Vesting of nub-
lie drab! ill the
deportment,
Right 4 Oll'ller
or occupier to
obtain Sewer
Connection ..
Chargesfor
Sewerage sa-
vices,
L('1'1 of S~-'l-re-
rog~ Tax,
Assessment of
annual value,
...,
.)
(xiv) "Trade Effluent" means any liquid either with or with-
out particles of matters in suspension or dissolved
therein, which is wholly or in part produced or dis-.
charged in the course of any trade or industry, includ-
ing agriculture and horticulture, but it does not include
domestic sewage; and
(xv) "User" means any person getting the benefit of any
sewerage service fr0111the Department.
3. (1) (a) All public drains, all drains in alongside or under
any public street except those constructed alongside the
National Highways declared as such under National
Highways Act, 1956.
(b) An Sewage disposal works whether constructed by the
Departrnen t or otherwise, and all works, materials
and things appertaining thereto,
shall vest in the Department.
(2) For the purposes of enlarging, deepening or otherwise
repairing, maintaining any such drains or sewage disposal
work so much of the sub-soil appertaining thereto as
may be necessary for the said purposes shcJl be deemed
also to vest ih the Department.
(3) Ail drains and ventilation-shafts, pipes and ail appliances
and fittings connected with the sewerage, drainage works
constructed/erected or set up out of the Department
fund or upon premises not belonging 10 the Department,
whether -
(a) before or after the commencement of this Act, and
(b) for the use of the owner or occupier of such premises
or not,
shall, unless the Department has otherwise determined, vest and
be deemed always to have vested in the Department.
4. The owner or occupier of any premises shall be entitled to
empty sewage of the premises into Government Sewer main provi-
ded that, before doing so, he-
(a) obtains connection from the department on payment of
connection fee and other charges as may be prescribed;
and
(b) complies with such other conditions as may be specified.
5. The Government may, from timeto time, by notification, fix
the rate or rates of charges for sewerage services on the basis
of number of connection points, number of lavatories, size
of house connections OJ quantity of sewage flow as may
be assessed by the Department.
6. For the purposes of this Act, the Government shall levy, on
premises situated in an area where sewerage service is made by it,
,1tax. at such rate not being less than one per cent. [end not more
than ten per cent. of the assessed annual value of the premises as
the Govern merit may, from time 10 time, by notification, specify
and different rates of tax may be specified for different areas after
taking into consideration 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 under the provisions of any Sikkim Law.
7.' (\) For the purposes of section 6, annual value means five
per cent. of the market value of the premises:
Provided that the annual value in the case of pre-
mises occupied by the owner himself, shall be deemed
to be twenty per cent. less than the annual value other-
wise determined under this section.

5
(3) unlawfully obstruct the flow of, or flush, draw off at
divert or take sewage from any works belonging to the
Department; or
(4) obstruct any officer or staff of the Department in dis-
charge of his duties under this Act and the rules made
thereunder or refuse or wilfully neglect to furnish him
with the means necessary for the making of any entry,
inspection, examination or inquiry thereunder in rela-
tion to sewerage works.
13. The Department may, for the purpose of ventilating any
sewer or cees-pcol, whether vested in the Department or not, erect
upon any premises or affix to the outside of any building, or to
any tree, any shaft or pipe as may appear to it to be necessary.
14.(I) where it appears to the Departrnent that there are reasona-
ble grounds for believing that a private sewer or cess-pool is in such
condition to be prejudicial to public health or to be a: nuisance
or that the private sewer communicating directly or indirectly with
a Government sewer main is so defective as to admit sub-soil
water or grit or other materials, the Department may examine its
condition and for that purpose may apply any test, and if it
deems it necessary, open the ground.
(2) If on examination the sewer or cess pool is found to be
in proper condition, the Department shall, as soon as
possible, reinstate any ground which has been opened by
it and determine and pay compensation for the damage
caused by it.
Power of entry, 15. (1) Any officer or staff of the Department authorised by it
survey ctc. in that behalf, may, with or without assistants or work-
men, enter into or open any premises in order-
(a) to make any inspection, survey, measurement, va-
luation or inquiry;
(b) to take levels;
(c) to dig or bore into the sub-soil;
(d) to set out the boundaries and the intended
line of work;
(e) to make such levels, boundaries and lines by plac-
ing marks and cutting trenches; or
(f) to do any other thing necessary for the purpose
of this Act or any rules made thereunder:
Power to affix
shaft etc. 'lor
ventilation of
sewer or cess-
pool.
Power 10 exa-
mine and test
sewer etc. beli-
eved to be defe-
ctive.
(3)
Provided that, in exercising the powers under
this sub-section, the owner or the occupier of the
premises has been given written notice atleast
three days before such entry.
When any person is entitled to enter into or upon
any premises in exercise of the powers under sub-
section (1), he may also enter in similar manner
into or upon any adjoining premises for any work
authorised by or under this Act or for the purpose
of depositing therein, any soil, grind stone or other
materials or for obtaining access to such work or
for any other purpose connected with the execution
of the same.
It shall be lawful for any authorised officer or staff to
make any entry into any place or cause to be opened
any door, gate or other barrier-
if heconsiders the opening thereof necessary for the
purpose of such entry; and
ifthe owner or occupier is absent or on being present
refuses to open such door, gate or barrier.
(2)
(a)
(b)

(,
Power to disin- J6. Any officer or servant authorised by the Department in
iect tanks pools that behalf may have any tank, pool or well, cleaned or disin-and wells. fected after notice to the owner or occupier, if any, when it ap-
pears that such cleaning or disinfection will prevent or check the
spread of any dangerous disease. The cost of cleaning or disin-
fection shall be recoverable by the Department from the owner or
occupier of such tank, pool or well.
Certain matter 17.
110t10 be passed
in the public
drain.
Recovery 0/rent. ere as
arrears of land
revenue or pub-
lic demand.
(1) No person shalt throw, empty, or turn into any nublic
drain or into any drain communicating with public
drain-
(a) any matter likely to injure the drain or interfere
with the free flow of its contents, or affect prejudi-
cially the treatment or disposal of its. contents; or
(b) any chemical, refuse or waste, steam, or any liquid
of a temperature higher than forty five degree
centrigrade being refuse or steam which, or a
liquid which when so heated, is, either alone or in
combination with the contents of the drain, dan--
gerous, or the cause 0[' a nuisance or prejudicial to
health; or
(c) any dangerous petroleum.
(2) In this section, the expression "dangerous petroleum" 30 of 1934
has the same meaning as in the Petroleum Act,1934
(30 of 1934).
J8. If any person refuses or fails to pay any sum due to the Depart-
ment on account of tax, charge, penalty or damages or anyportion
of such tax, charge, penalty or damages within the time, jf any,
specified therefor in the order relating thereto, the department
sh311 proceed to recover the amount due as arrears of land
revenue or public demand.
Penalty, 19. Whoever contravenes any of the provisions of this Act or of
any rule made thereunder or fails to comply with any notice or
order issued under this Actor any rule made thereunder shall on
conviction be-
punished with fine which may extend to one thous-
and rupees, and
with further fine which may extend to five hundred
runees for every dav on which such contravention
or' failure continues after the conviction; or
imprisonment fora term which may extend to two
years or both.
20. (1) Where an offence under this Act bas been committed by
a company, every person who at the time the offence
was committed was responsible to the company for the
conduct of its business 21Swell as the company, shall be
deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly:
O[ffcl1ces by
Companies.
(3)
(b)
(c)
(2)
Provided that, nothing contained in this sub-section
shall render any such person liable to any punishment
if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to
prevent the commission of such offence.
Notwithstanding anything contained in sub-section (1)
where any offence under this Act has been committed
by a company and it is proved that the offence has
been committed with the consent or connivance
of, or is attributable 10 any neglect on the pari: of
any director, manager, secretary or ojheroHlcer of the

.:
Power to arrest
person commi-
tting an offence
and refusing 10
give name and
address.
Compounding
of offences,
7
company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished
accordingly.
Explanation.- For the purpose of this section-
(a) 'Company' means any body corporate and in-
cludes a firm or other association of individuals;
and
(b) 'director' in relation to a firm means a partner
in the firm.
21. It shall be lawful for any officer of the Department autho-
rised by it in this behalf to arrest and hand over to the officer-
in-charge of the nearest police station any person who commits or
is suspected to have committed an offence punishable under
Section 19 and who on demand refuses to give his true name or
address or where there is reason to believe that the name or address
given by him is not correct, such police officer shall adopt legal
measures as may be necessary or cause that person to be taken
before a Magistrate with the least possible delay.
22. (1) The Chief Engineer-cum -Secretary or any other officer
of the Deprartment authorised by him either before or
after the institution of proceedings for any offence puni-
shable under this Act, accept from any person charged
with such offences by way of cornposi tion of the offence
a sum not exceeding three thousand rupees as he
thinks proper.
(2) On payment of such sum no further proceedings shall
be taken against the said person in respect of the same
offence.
Cognizance of 23. No court shall' take cognizance of any offence under this
offence. Act except on the complaint of the Department made within six
months next after the commission of the offence.
Appeal.
Protection of
action taken in
good faith,
Power to make
rules.
24. (I) Any person aggrieved by an order made by the officer
authorised by the Chief Engineer-cum-Secretary of the Department
may prefer an appeal to the Chief Engineer-cum Secretary
of the Department and where such order is made by the
Chief Engineer-cum-Secretary of the Department to the Govern-
ment 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 he
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.
25. No suit or other legal proceeding shall lie against the Govern-
ment or any officer or authority empowered by the Government for
anything which is in good faith done or intended to be done under
this Act or the rules made thereunder.
26. The State Government may, by notification in the Official
Gazette, make rules to carry out the purposes of this Act.

Laying of rules
before the Asse-
mbly.
8
27. Every rule made under this Act shall be laid as soon as may
be after it is made before the Assembly while it is in session for a
total period of not less than fourteen days which may be compri-
sed in one session or in two or more successive sessions and if,
before the expiry of the session immediately following the sessions
or the successive sessions aforsaid, the Assembly makes any
modification in the rule or decides that the rule shall not be made,
the rule shall thereafter have effect only in such modified form or
be, of no effect, as the case may be, so, however, that any such
modification or annulment shall be without prejudice to the vali-
dity of anything previously done under that rule.
By Order of the Governor,
B.R. PRADHAN,
Secretary to the Govt. of Sikkim,
Law Department.
( File No. 16 (213)/LD/1986. )
---------.----- ...•....-~-------~-~--- .•.PRINTED AT THE SlKKlt..1 60VERNMENT PRESS, GANGTOK.

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