(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 provided 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, ,1 tax. 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 premises occupied by the owner himself, shall be deemed to be twenty per cent. less than the annual value otherwise 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 discharge 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 relation 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 reasonable 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 workmen, enter into or open any premises in order-
(a) to make any inspection, survey, measurement, valuation 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 placing 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 cesspool.
Power 10 examine and test sewer etc. believed to be defective.
(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 subsection (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 barrierif he considers the opening thereof necessary for the purpose of such entry; and if the owner or occupier is absent or on being present refuses to open such door, gate or barrier.
(2)
(a)
(b) (, Power to disin- J 6. Any officer or servant authorised by the Department in iect tanks pools that behalf may have any tank, pool or well, cleaned or disinand wells. fected after notice to the owner or occupier, if any, when it appears that such cleaning or disinfection will prevent or check the spread of any dangerous disease. The cost of cleaning or disinfection shall be recoverable by the Department from the owner or occupier of such tank, pool or well.
Certain matter 17.
110t 10 be passed in the public drain.
Recovery 0/ rent. ere as arrears of land revenue or public 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 prejudicially 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).
J 8. If any person refuses or fails to pay any sum due to the Department 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 bepunished with fine which may extend to one thousand 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.