SIKKIM

GOVERNMENT                                       GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

                                                             Gangtok, Friday 1st October, 1999                            No. 214                                  

GOVERNMENT OF SIKKIM
PUBLIC HEALTH ENGINEERING DEPARTMENT
GANGTOK.

THE SIKKIM WATER SUPPLY RULES, 1990

In exercise of the powers conferred by section 43 of the Sikkim Water Supply and Water Tax Act, 1986 (8 of 1986) the State Government hereby makes the following rules.

(e) “Tap” means any outlet or inlet installed for extracting water from consumer pipe line connected to Government Water Pipe line. Some of the specific examples of taps shall be as under;-

Bib Cock, inlet to cistern, shower, sto[ cock (opened at one end to let out water), Ball cock fixed at the reservoir and used for inletting water to reservoir.

(1) An application for water supply connection from the Government Main shall be made in From W/S – I duly filling in with all the requisite information sought therein.

(2) Application Forms can be had during office hours from the office of the 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 soecufued by tge Department.

(3) The duly filled up Application Form should be submitted along with the following documents in the office of the Divisional Engineer, Water Supply Division namely;-

(b) Where the premises falls outside the jurisdiction of the Local Self Government and Housing Department, Blue Print Plans of the premises passed by that department or by such agency as mey be authorised by the competent authority should be produced; and

(c) If the premises falls outside the jurisdiction of the Local self Government and Housing Department, or any such agency, the applicant shall produce three Blue Print Plan of the premises where water is proposed to be taken.

(1) After the receipt of the application, the Department shall prepare a Data Sheet in Form W/S-II and make necessary corrections on the Blue Prints, verify datas and carry out other necessary security or the application.

(2) The Competent, Authority shall thereafter approve the connection point, method of the connection, monthly assessment of cess, annual atax, if any, as well as connection fees to be paid by applicant print to allowing the connection to be effected. He shall also demarcate on the Blue Print the premises as defined in rule 21 for the purpose of levying water tax and/ or water charges if he is satisfied that the datas as sought-for in the Application Form and other procedures have been correctly abided and met by the applicant.

The applicant shall, thereafter, be informed through an intimation letter in duplicate in Form W/S –II indicating amount of connection fee and other charges as may be applicable. (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 for the amount paid as cost of the Form.

Consequent upon payment of the required amount by the applicant under rule 5, the competent authority shall issue a letter in Form W/S-IV permitting the connection of consumer’s main from the Government main as per the procedures stipulated under the provisions of the Act and these rules and as per the directions communicated to the applicant.

After the application is made and connection is approved, the applicant may make a changes in his Water Supply System, after fiving an information to the Department of his intention fifteen days prior to the effecting of such changes.

(a) The connection shall be allowed in such a manner that the pressure in the consumer main shall be normally enough for supply of water at ten feet of water head. For lifting water to higher levels in high rise buildings the owner shall make his own arrangement with prior approval of the competent authority.

(c) Pipe must be buried minimum two feets under ground in all cases. They can be exposed above ground, provided under ground concealing is not possible for which the prior approval of the Department shall be obtained.

(f) No pipe shall be laid adjacent to sewer lines or drains unless the pipe is encased inside Cement Concrete or Rinforced Cement Concrete beam and is approved by the Department.

(1) Permanent water connection shall be granted to dwelling house and building only on completion of such structures either in whole or in part, and on receipt of a certificate from the local authority under whose administrative control the house or building has been constructed or in the absence of such authority , from the competent authority, to the effect that the construction of such house or building, in whole or part has been completed and is worth welling.

(1) Where the Department agrees to supply bulk water or any quantity of water to the Government agencies, institutions, or Defence organizations, such Government agencies, institutions or defence organisation shall furnish all the relevant details as may be sought by the Department prior to approval and provide all such information in manners stipulated under rule 3.

(2) In case the Department has to maintain the Water Supply if tge above mentioned consumer/parties, the maintenance cost assessed by the Department shall be final and shall be borne by the consumer/parties wherever applicable.

(11) Charges For Consumption of Water For Somestic And Drinking Purposes:-
(1)For each dwelling unit where meter is not provided, charges of water consumed shall be twenty one rupees per month upto first five taps, thereafter fifty paise per additional tap upto twenty taps. Beyond twenty taps the charges shall be at the rate of one rupees fifty paise per tap per month irrespective of number of users and taps.

The Competent authority, if deems necessary, may also evaluate water charges considering various technical factors which the consumer shall be bound to accept, provided that reasons for such valuation of water charges by analysis shall have to be recorded.

Where the Department is satisfied that the quantity of water required by a consumer is such that the existing supply line to his premises is not sufficient, the Department may, on receipt of request in writing from the consumer for enhancement of his supply line, and on payment of requisite charges for such connection, allow increase in size of the supply line, in which case the consumer shall pay in additional sum of twenty five rupees per unit area of supply line so enhance per month, the unit area being equivalent to area of a half inch (15 mm) diameter pipe.

(1) Consumer’s supply line from the mains and valves therein shall be maintained by the owner, who shall also be responsible for breakages, damages or theft of the same.

(3) All consumers before vacating their respective premises shall report to the Department of such move and clear their arrears, if any.

Water charges shall be twenty five percent of Water charges payable under rule 11 for use or consumption of water extracted from the notified water source.

(1) under the provisions of section 33 and sub-section (1) of section 34 of the Act, the market value shall be assessed by the Department using the following formula

(3) Construction rate per unit plinth areas may differ for different type of structures as may be determined by the Department from time to time.

(4) Depreciation value shall be calculated using the standard formula.
Market value determined by any other agency or any other method can be adopted only if it is ascertained by the competent authority that such adoption is in the best interest of Government and represents more reliable value.

Fee = (Market value of the premises(x) K percent ) divided by 12, where K= 3.0 or any other value as may be determined by the competent authority, depending on the type , condition , location and utility of the premises.

(3) Minimum connection fees shall be not less than One hundred rupees and Maximum fee shall not be more than five thousands rupees for ½ dia connection.

(4) For temporary use of water, the connection fee shall be ¼ of the connection fee as stipulated under Clause (a) of sub- rule (1) and the charges of the water consumed or used through ½ dia pipe will be forty two rupees per month.

(5) In no circumstance such temporary connection shall be allowed to be use for any other purposes than for the purpose for which such connection has been granted.

(6) All temporary connection shall be given for specific period only an such period shall not exceed one year. However, the temporary connection can be renewed on full payment as stipulated under sub-rule(4).

(7) In the event where water supply connection is to be given to premises which is under construction, the connection fee shall be calculated on the basis of the Blue print plan of the premises pass by the authority responsible for approving such blue print plan.

(8) Where such approved blue print plan are not available, the competent authority shall satisfy himself with respect to the authenticity of such plan so produced and charge Water supply connection fee accordingly.

(1) For any water supply revenue arrear, charges, fees, fines not cleared for over three months or the amount exceeding five hundred rupees, the defaulters shall be sent a notice in Form W/S – V, required him to pay the dues within fifteen days from the date of receipt of the said Notice.

(2) Where a defaulter fails to pay the amount due in her/him, the department shall take action in accordance with the submission of sub-rule (2) of section 37 of the Act.
Accordingly the certificate required to be prepared by the Competent authority under sub-section (2) of section 37 shall be in the Form W/S – VI.

If the defaulter refuses to acknowledge the notice or if in opinion of the competent authority the defaulter has refused to acknowledge the receipt of the notices deliberately or thirty days have clasped from the date of issue of Notice, then the Department may take action against such defaulters in accordance with the provision of sub-rule (2) if Rule 18.

normally in all cases only one connection shall be provided/ allowed for one premises whereas a premises shall be a discrete unit of building, flat, dwelling house or any other structure or structures, including landed properties determined by the competent authority for the purpose of levying water charges and /or water tax.

The prescribed authority to hear the appeal under sub-section (4) of section 34 of the Act against assessment of Annual value shall be the Chief Engineer cum Secretary of the Public Health Engineering Department.