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DEPARTMENT OF PUBLIC HEALTH ENGINEERING |
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GOVERNMENT OF SIKKIM |
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SIKKIM SEWERAGE AMD SEWAGE DISPOSAL RULES
1990. |
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In exercise of the power
conferred by section 26 of the Sikkim Sewerage
and Disposal Act, 1987 ( 2 of 1987) the
Government hereby makes the following rules,
namely:- |
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1. SHORT TITLE EXTENT AND COMMENCEMENT:- |
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1. these rules may be called the Sikkim Sewerage
and sweage Disposal Rules,1990. |
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2. They shall extend to such
areas as the Government may, by notification in
the Official Gazette, specify. |
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3. They shall come into force on the date of
their publication in the Official Gazette. |
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2. DEFINITIONS:-
In these rules, unless the context otherwise
requires:- |
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(a) “Act” means the Sikkim Sewerage and Sewage
Disposal Act, 1987; |
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(b) “Department” means the
Public Health engineering Department of the
Government of Sikkim. |
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(c) “cess Pool”
includes a settlement tank or other tank to
receive or dispose of foul metters from any
premises; |
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(d) “consumer” means
any person getting the benefit of sewerage
service from the department; |
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(e) “connection” means a
connection-point where consumers sewer join with
Government sewer main or chamber. |
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(f) “Domestic sewerage” means
waste water from residential premises, boarding
and lodging houses hostels, public places,
office
and all such establishments as are not a part of
any trade or industries |
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(g) “Consumer Sewer
Line” ,means any sewer originating from a
consumer’s premises |
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(i) any person for the time being paying or
liable to payment on any portion there of to the
owner in respect of that premises; or |
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(h) “Form” means a form appended to these rules: |
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(i) “Government “ means the State Government of
Sikkim: |
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(j) “Government Sewer Mains” means any pipe or
system of pipes along with all fittings thereto
to be laid by the State Government by means of
which Sewage is transported from any premises to
its final disposal point: |
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(k) “ occupier” in relations to
any premises, means:- |
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(i) any person for the time
being paying or liable to payment on any portion
there of to the owner in respect of that
premises; o |
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(ii) an owner who is in
occupation of that premises; or |
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(iii) a tenant of those premises
who is exempted from payment of rent; or |
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(iv) a licensee who is in
occupation of these premises; or |
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(v) any person, who is liable to
pay damages to the owner in respect of use and
occupation of that premises; |
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(l) “owner” in relation to any
premises, means the person who receive the rent
there of if the premises were let out, and
includes- |
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(1) an agent or
trustee who receives the rent of; or is
entrusted with, the management of any premises
devoted to religious or charitable purposes; |
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(ii) an agent of trustee who
receives the rent of; or is entrusted with, the
management of any premises devoted to religious
or charitable purposes; |
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(iii) a receiver or manager
appointed by any Court of competent jurisdiction
to have the charge of; or to exercise the right
of an owner of the said premises; and |
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(iv) a mortgagee in-possession; |
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(m) “premises” means any land and or buildings
or any part there of; |
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(n) “sewage” means night soil and wastes from
water clothes, privies, urinals, cesspools and
sullage; |
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(o) “sewer” means closed or open conduit for
carrying sewage, offensive matter, polluted
water, waste water, or sub- soil water; |
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(p) “sewerage” means a system of
collection of waste water from community, from
its houses, institution, industries and public
places, pumping treatment, utilization and
disposal of much waste water, its effluent,
sludge, gas and other products; |
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(q) “user” means any person
getting the benefit of any sewerage service from
the Department.. |
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(3). PROCEDURE FOR APPLYING FOR
SEWER CONNECTION:- |
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(1) An application for sewer
connection to Government sewer connection to
Government sewer main shall be made in form
S/W-I duly filling in with all the requisite
information sought there in. |
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(2) Application forms can be had
during office hours from the office Divisional
Engineer, Water Supply- Division on production
of a Bank Receipt for five rupees duly deposited
in the State Bank of Sikkim under the head as
may be specified by the Department. |
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(3) The duly filled up
application form should be submitted along with
following documents in the office of the
Divisional Engineer, Water supply Division:- |
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(i) Blue prints plan of the premises passed by
the Local Self Government and Housing Department
pr such agency as may be authorized by the
competent authority; and |
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(ii) A map showing the roads, foot path and
drains, Jhoras to be crossed by the sewer line
proposed. |
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4. APPROVAL FOR SEWER CONNECTION:- |
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(1) After the receipt of the
duly filled up application form, the department
shall prepare a Data sheet of the premises
showing proposed sewer connection keeping in
view the technical requirements and economy in
form S/W-II. |
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(2) The competent authority
shall thereafter approve the connection line
proposed, method of connection monthly
assessment of fees, annual Tax if any, as well
as connection fees to be paid by the applicant
prior to allowing the connection to be effected. |
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5. INTIMATION TO APPLICANT /USER FOR MAKING
PAYMENT FOR CONNECTION:- |
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The applicant shall, thereafter,
be informed through an intimation letter in
duplicate, in form S/W-III indicating amount of
connection fee and other charges as any be
applicable including cost of pipe and fittings.
(The document shall also form an agreement
between the applicant and the Department.) The
applicant shall, thereafter , return the
original form duly signed, along with the Bank
Receipt and Temporary Receipt for the amount
paid as the connection fee and cost
respectively. |
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6. GRANT OF PERMISSION:- |
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Consequent upon payment of the
required amount by the applicant under rule 5,
the competent authority shall issue a letter in
form S/W-IV permitting the connection of the
users’s premises to the Government Sewer Mains
as per the procedure stipulated under the
provisions of the Act and these rules or as per
the directions communicated to the applicant
/user |
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7. CHANGES IN USER’S SEWER LINE AFTER THE
APPLLICATION IS MADE AND APPROVAL FOR CONNECTION
IS GRANTED: - |
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After the application is made and connection is
approved, the applicant or user may make changes
in his sewer connection line, after giving an
information to the Department of his intention
fifteen days prior to the effecting of such
changes, provided the changed alignment is found
technically to the Department |
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8. METHOD OF LAYING OF USER SEWER LINES:- |
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(1) All sewer and fittings shall be of approved
quality of ISI specification. |
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(2) Sewer must be buried minimum two feet under
ground in all cases. They can be exposed above
ground, if under ground concealing is not
possible for which the prior approval of the
Department shall be obtained. |
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(3) Size of sewer and fittings
shall be 4” (four inch) or 6” (six inch) in
diameter and 18” (eighteen inch) in diameter
manhole cover. |
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(4) No sewer shall be laid adjacent to water
supply line unless the pipe is encased inside
Cement concrete or Reinforced Cement Concrete
beam and is approved by the department. |
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(5) All the damages occurring during and laying
of the sewer shall be made good by the sewer at
his/her own cost. |
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(6) All the connection shall be
carried out by Departmental plumbers only. |
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9. SEWER CONNECTION OF
GOVERNMENT PREMISES AND INSTITUTIONS:- |
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(1) When the department agrees
to connect the government premises,
institutions, or Defence organizations such
government agencies shall furnish all the
relevant details as may be sought by the
department prior to approval and provide all
such information in the manner stipulated under
the rule 8. |
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(2) Incase the department has to
maintain the sewerage system of the above
mentioned users of parties maintenance cost
assessed by the department shall be final and
shall be borne by the user / parties whenever
applicable. |
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10. CHARGE FOR USER’S BENEFIT:-
As per actual numbers of water closet, rupees
ten for first water closet and rupees five for
every additional water closet will be levied. |
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11. OBLIGATION AND
RESPONSIBILITIES OF THE USERS: |
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(1) Inspection chamber or any
part of the chamber shall be under the custody
of the user / owner, who shall also be
responsible for breakages, damages or theft of
the same. |
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(2) User shall not allow any one
within or outside the premises to throw empty
garbage, cinders boulders, dead animals, etc. in
the inspection chamber that will cause the
blockage of the line and prove hazardous to
public health in and around. |
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(3) All users before vacating
their respective premises must report to the
department of such move and clear their arrears
if any and a certificate to that effect may be
obtained from Divisional Engineer Water Supply
Division. |
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(4) In case of premises having
their own septic tank, owner shall not insist on
making connection from septic tank with a view
to achieve economy. |
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12. FEES:-
(1) The competent authority shall charge
Sewerage Service fees at the rates calculated in
the following manners:- |
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(a) Fees for fresh connection
shall be calculated as under:-
Fee = (5 % x (MARKET VALUE )x K%)
Where ( 1 % < 10 %). |
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The value of ‘K’ depends on the
type condition, location and utility of the
premises.
Provided that the minimum connection fee shall
not be less than one not more than five thousand
rupees. |
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(b) Fees for reconnection shall
be one hundred rupees plus all other fees as may
be determined by the competent authority. |
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(2) The Government may, from
time to time enhance the sewer service fees. |
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13. MANNER OF
REALIZATION OF SEWERAGE SERVICE CHARGES FEES AND
SEWER TAX FROM THE DEFAULTERS:- |
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(1) For any sewer tax charges,
fees or fines not cleared for over three months
for the amount exceeding two hundred rupees, the
defaulter shall be sent notices in form S/W-V
requiring him to pay the dues within fifteen
days from the date of receipt of the said
“NOTICE”. If the de faulter fails to response to
the first notice, he shall be served with a
reminder notice requiring him to clear the dues
within fifteen days from the date of receipt of
notice. If he again fails to comply with the
reminder notice, a final notice shall be served
on him again requiring him to pay the dues
within fifteen days from the receipt of the
notice. Where the defaulter fails to pay the
amount due against him, even after the receipt
of the final notice and by the due d ate
specified therein, the Department shall take
action against him in accordance with provision
of section 19 of the Act. |
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(2) While proceeding under the
provisions of section 19, the Department shall
record the details of the dues in Form S/W-VI
and forward the same to the District Magistrate. |
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14. DEGAULTER’S REFUSAL TO
ACKNOWLEDGE NOTICES:-
If the defaulter refuses to acknowledge the
notice or if in the opinion of the competent
authority the defaulter has refused to
acknowledge the receipt of the notices
deliberately or thirty days have elapsed from
the date of issue of final notice, then the
department shall take action against such
defaulters in accordance with the provision of
rule 13. |
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15. NUMBER OF CONNECTION AS PER
PREMISES.
A premises may have more than one number of
Sewerage service lines on the basis of technical
requirement, economy and space availability of
that premises. |
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16. PRESCRIBED AUTHORITY TO FEAR
APPEAL AGAINST ASSESSMENT OF ANNUAL VALUE:-
Under section (1) AND (2) of clause 24 of the
Act, the prescribed authority to hear the appeal
against assessment of Annual value shall be the
Chief Engineer-cum-Secretary of the Public
Health Engineering Department. |
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