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  DEPARTMENT OF PUBLIC HEALTH ENGINEERING  
  GOVERNMENT OF SIKKIM  
  SIKKIM SEWERAGE AMD SEWAGE DISPOSAL RULES 1990.  
     
 

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:-

 
  1. SHORT TITLE EXTENT AND COMMENCEMENT:-  
  1. these rules may be called the Sikkim Sewerage and sweage Disposal Rules,1990.  
  2. They shall extend to such areas as the Government may, by notification in the Official Gazette, specify.  
  3. They shall come into force on the date of their publication in the Official Gazette.  
     
  2. DEFINITIONS:-
In these rules, unless the context otherwise requires:-
 
  (a) “Act” means the Sikkim Sewerage and Sewage Disposal Act, 1987;  
  (b) “Department” means the Public Health engineering Department of the Government of Sikkim.  
  (c) “cess Pool” includes a settlement tank or other tank to receive or dispose of foul metters from any premises;  
  (d) “consumer” means any person getting the benefit of sewerage service from the department;  
  (e) “connection” means a connection-point where consumers sewer join with Government sewer main or chamber.  
  (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
 
  (g) “Consumer Sewer Line” ,means any sewer originating from a consumer’s premises  
  (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  
  (h) “Form” means a form appended to these rules:  
  (i) “Government “ means the State Government of Sikkim:  
  (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:  
  (k) “ occupier” in relations to any premises, means:-  
  (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  
  (ii) an owner who is in occupation of that premises; or  
  (iii) a tenant of those premises who is exempted from payment of rent; or  
  (iv) a licensee who is in occupation of these premises; or  
  (v) any person, who is liable to pay damages to the owner in respect of use and occupation of that premises;  
  (l) “owner” in relation to any premises, means the person who receive the rent there of if the premises were let out, and includes-  
  (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;  
  (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;  
  (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  
 

(iv) a mortgagee in-possession;

 
  (m) “premises” means any land and or buildings or any part there of;  
  (n) “sewage” means night soil and wastes from water clothes, privies, urinals, cesspools and sullage;  
  (o) “sewer” means closed or open conduit for carrying sewage, offensive matter, polluted water, waste water, or sub- soil water;  
 

(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;

 
 

(q) “user” means any person getting the benefit of any sewerage service from the Department..

 
     
 

(3). PROCEDURE FOR APPLYING FOR SEWER CONNECTION:-

 
 

(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.

 
 

(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.

 
 

(3) The duly filled up application form should be submitted along with following documents in the office of the Divisional Engineer, Water supply Division:-

 
  (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  
  (ii) A map showing the roads, foot path and drains, Jhoras to be crossed by the sewer line proposed.  
     
  4. APPROVAL FOR SEWER CONNECTION:-  
 

(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.

 
 

(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.

 
 

 

 
  5. INTIMATION TO APPLICANT /USER FOR MAKING PAYMENT FOR CONNECTION:-  
 

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.

 
 

 

 
 

6. GRANT OF PERMISSION:-

 
 

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

 
 

 

 
  7. CHANGES IN USER’S SEWER LINE AFTER THE APPLLICATION IS MADE AND APPROVAL FOR CONNECTION IS GRANTED: -  
  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  
     
  8. METHOD OF LAYING OF USER SEWER LINES:-  
  (1) All sewer and fittings shall be of approved quality of ISI specification.  
  (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.  
  (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.  
  (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.  
  (5) All the damages occurring during and laying of the sewer shall be made good by the sewer at his/her own cost.  
 

(6) All the connection shall be carried out by Departmental plumbers only.

 
 

 

 
 

9. SEWER CONNECTION OF GOVERNMENT PREMISES AND INSTITUTIONS:-

 
 

(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.

 
  (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.  
     
  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.
 
     
  11. OBLIGATION AND RESPONSIBILITIES OF THE USERS:  
  (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.  
  (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.  
  (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.  
  (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.  
     
  12. FEES:-
(1) The competent authority shall charge Sewerage Service fees at the rates calculated in the following manners:-
 
  (a) Fees for fresh connection shall be calculated as under:-
Fee = (5 % x (MARKET VALUE )x K%)
Where ( 1 % < 10 %).
 
  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.
 
  (b) Fees for reconnection shall be one hundred rupees plus all other fees as may be determined by the competent authority.  
  (2) The Government may, from time to time enhance the sewer service fees.  
     
  13. MANNER OF REALIZATION OF SEWERAGE SERVICE CHARGES FEES AND SEWER TAX FROM THE DEFAULTERS:-  
 

(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.

 
  (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.  
     
  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.
 
     
  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.
 
     
  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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