The Sikkim Water Supply and Water Charges (Amendment) Act, 2018 (Act No. 4 of 2018)

SIKKIM GAZETTE GOVERNMENT EXTRAORDINARY pueLi6iio BY 49rHffi No. 121 Gan .oVenr'rUreUr OF SIKKIM I AW DEPARTMENT GANGTOK No. 4/LD/18 Date: 22 03 2018 NOTIFICATION rhe ro,,owins Ao pi:":S jl,':,"M?SlhiS:i$$";;il:yJi3,lX'l:,'",'i"::ff"1'i:: assent ol the Governor on 14' oaY o THE SIKKIM WATER SUPPLY AND WATEH CHARGES (AMENDMENT) ACT' 2O'18 (Acr NO' 4 oF 2018) AN ACT to amend the Sikkim Water Supply and Waier Tax Act' 1986' Ee it enacted by the Legislatule of Sikkim in the Sixty-ninth Year ol Republic oi lndia as follows: r r1\ Th;s Act may be calleo the Sikkim Water Supply and t "t ;i*,'[6,'ge'" (Amenoment) Act 2018' ,r' li.i "r, "-"ia to the whore of sikkrm' iqi tr srrarl corne into torce on such date as tne Slate t"' A;;;;t;;i rn"v bv norrricalion in tl"e ollrciar Gazene' aPPoint 2. rn ihe s:kkirn water supprv-anoJiS: Jn$":J1',?:' rhererca{ter .eierred ro :" ,h: :',1:;H;";;';rov;oelo to. rre Frincipa' nct. un,ess.otl'erw se e^'";i",j, ii" i i", or,-. rn" words "The Sikkrm Water SuPPll words Tne S;kkrm Wale's'rop'y ana Water Cl'arges Act shall be substituted Shoti title, extent and commencement substitution of relerence b cellain exqression bY Cer1:ai n other Ex Pres s t gn Amendment ol Section 2 3. ln the principal Act, (1) in secuon 2, (a) lor clause ( ), the following shall be substituted, name yi "(i) 'area'means the urban area in the State and includes such other areas adjacent thereto as the Governmenl may dec are by notification lrom time to time, specjfy to be an area for the purposes of this Act"; (b) for clause (xiii), the following shall be substituted, namelyr "(xiii)'service pipe' or'seruice line' means the portion ol consumer main starting trom the point where consumer main joins the 'Government rrain' up to the point in the'consumer main': where water leter 's i.]sraleo, if ilstalled; or(a) (b) where the pipe is emptied into a (c) where water is consumer " after clause (xiil) and the entries relating thereto, the iollowing shall be inserted, namely: "(xiv) 'Department' means the Water Security and Public Health Engineering Department for the time being or the 'Department' as maybe renamed by the State Government by notificaiion; (xv) 'rules' means the rules made under ihis Act; (xvi) 'Chief Engineer' means the ofiicer appointed or authorized by lhe Government to perform the functions of the Chief Engineer under this Act and includes an Officer placed in additional charge of the duties of ihe Chief Engineer; (xvii) 'Government' means the Staie Government of Sikkim; (xviil) 'Engineer' means a peTson ho ding a valid certiiicate issued by an institution or college of having passed the course of Diploma or Bachelor's Degrees or Masters Degree in Civll Engineerino subject; (xix) 'Plumbea means a person having lTl certjficate or ceriificate issued by a recognized Skill Building lnstitute of havlng passed the course of plumber; (xx) 'Local Authority' means terminales and the water supplied sump tank; or tapped or drawn lor use by the (c) ,t (a, a Munictpa, Corporat.o- or Murtctpa, Counci, or N:n,. Panchayar constirJled under rhe aw ,n * ara,J, ''"r' (b) a Gram panchayat constituted under the law in the staie: (c) a Govemment Aulhority for the purpose, as estabJjshed by la!r. (xxi) 'Public Health Engjneer, means an Oifice:appointed by the Government to be the pubric Health Engineer to discharge the duties ot wate:supp,y Lnder lne provisions of tnts acr arc inctudes any oflicer o,aced in cnarge o. lne oJt:es of tne pubJic Healih Eng:.ee.; (xxit) En'proyee rreals a,.ty pe.son who ts paid saten or wage direclly by rne Departmenr aro snal,no,:,nctude any pe.sor or oersons elaaqed bv an!. contraclor or a. agent. ot the Depa;m;nr; , (xxiii) "State,,means the State of Sikkim; (xxiv) "Trade premises,,means any premises used or'ntenoed to oe used ior carrying on uny rruo" o:busjness of any indusiry or company; (xxv) "Fittings" shall mean oipes (olner rnan mains.Iaps. cocks. vatves, fe.rLles. prrp". n","i.. cisterns, baths, and other stmjla; "pjur"tr" r""Iin connectjon with the supply ""O rl" "irut"i""lxxv,l Cl-arges shal, rnean, wale. cndrges. wate. Jees..tnes. recoveries +or worKS or inv srrcn t.r-unade .rnder ll,is Aci or rJles n ade ,l"r"unO"ri ', (xxvii) 'Prem:ses' shalt mear any, land, buitd;nrr superslructure, apartryrent. residentia, bJi,di;; ;:any non-resjdential buj1djng.,, (2) the .existjng sectjon 2 shall be renumbered as sL.rb-section (1) oi that section anO atter suO-section ltla*sso^renumbered. the tol,owing sub-sectron snall bJtnsened, namely:, "(2) Unless the context otherwise requires, the words lTIS-l1l1S rhe. mascJtine geroer snatt ,n",uo"'in"ren'r,ne gender. woros jmporiing rn" .;ngr,ui-"nul .1cl,.roe the prura, and worjs oeg,nning *itn-"ufl..u-, 'etters shall have lhe same rrean ng as may be wr:tenin small letters, and vice versa. Explanation.- ,he,shaJj have the same meaning as'she' and vice versa, 'fltting' shall have the same rneaning as,iittings,and vJce versa, 'C o.'rpelenl shatl r.tave ll-e san e n ea.ilg as'competent' and vice versa... 3 Amendment Section 3 Amendment ol Section 5. Amendment Section 6. 4. ln the princpai Act, ln section 3, (1) in sub-section (2), (a) in ciause (e), after the words "produce", the words "any preparailon lherefrom" shaLl be inserted; (b) in c ause (h), before the words "for watering streets", lhe words "1or construction or" sha be inserted. (2) after sub-section (2), the iollowing sub-sections shall be inserted, namely, "(3) The Public Health Engineer in charge of water supply may, on application by the owner or occupier of any building, arrange, in accordance with the ru es, to supply water thereto for domestic consumption and use. (4) The Public Heath Engineer in charge of water supply may, if il appears to hinr that the superstructure are without a proper supply of water ior domestic consurnption and use and ihat such supply can be furnished from the ma n not more than 35 (thity iive) meters distance lrom any part of any such superstructure, by noiice, require the owner of the land to obta n such supply. (5) Where on any land there are two or more supersvuctures or apariments, and the owner of the land is not the owner of all the superstructures or apartments, the Public Health Engineer ln charge of water supply may, ll it appears to him that the superstructure or apartment is wlthout a proper supply of water ior domestic consumption and use and that such supply can be iurnished from the main not more than 35 (thirty five) meters disiance irom any part of any such superstructure or apartment, by notice, require the owner ol the superstructure or apartment to obtain such suPPIY." ln the principal Act, in section 5, after sub-section (4), the following sub-section shall be inseded, namely, "(5) The competent authority may by agreement, supply water in bulk to the Government including the Central Government, the Department or any other local authorlty or any other public or private undertaklng or individual or organlzation on such terms as to payment and as to ihe period and the condltlons oi supply as may be agreed upon between the cor.peient authority and such auihority." 6. ln the principa Acl, in section 6, (1) for ihe marginal heading "Prohibliion ol wastage of watel', the fo lowlnq shall be substiluied, namely: ft Amendment of Seclion 7. "Prohibition of pollution, wastage, misuse or disturbance ,n equitable distribution of waler"; (2) for sub-section (1), the following shall be substituted, narnely: "(1) No owner or occupier oi any premises to which water is supplied by ihe Government shal cause or suife. any water to be polluted, wasied, misused or cause disturbance in equitable distribution of water or cause or suffer the service pipe, tap, other fitting or work connected therewith to remain crt or repair so as to cause pollution, wastage, mlsLrse or disturbance in eqL table disrr:burion of walei; (3) in sub-section (3), (a) after the words "repairs to be made" and before the words "and recover", the words "or removed" shall be inserted; and (b) after the words "irom the consumer" appearing at the end, the words "as an arrear of Water chdrge payable under this Acf' shall be inserted. 7. ln the principal Act, in section 7, (1) in sub-section (1)i (i) for clause (c) and the entries relating thereto, the following shall be subslituted, namely. "(c) if the consumer or occupier damages or causes to be damaged the waier meter or a.y connection pipe or ferrules or water works; or (ii) after clause (g), the ioLlowing clauses shall be inserted, namely. "(h) if the owner or the consumer causes or allows to be caused the insertion of any fitt ng or pump for sucking water dlrectly irom the service pipe ior drawing water from the Governmenfs main; or (i) !f the owner or occupier neglects to comply with any lawiul order or requisition regarding water supply issued by the Department within the period speciiied therein; or (i) il the owner or consumer fails to provide proper disposal or treatment of the used water from h s premises, in accordance with the provisions of the Sikkim Sewerage and Sewage Disposal Act, 1987 or the Water (Prevention and Contro oi Polluiion) Act, 1974 (Central Act 6 of 1974)." (2) for the exisiing sub-section {2) and (3),the following sub-sections shall be substituted, namely: .5 Amendment ol Section I Amendment ol Section 900 L L 10. "(2) Action taken under this section against any person shall be without prejud ce io any penaltles to which he may otherwise be liable under any other provision of this Act or the rules made thereunder or under any oiher Law. (3) The competent authority may order reconnecllon of supply ol water disconnected under sub-sectlon (1) on payment oi such charges and on such terms and conditions as may be prescrlbed jn ihe rules made thereunder. (3) afler sub-section (3), the followlng sub-section shall be inserted, namely: "(4) The owner and the occupier of the premises shalbe jointly and severally liable for penalty and also liable to pay the expenses of cufilng oii the supply." ln the principal Act, in section 8, aiter the words "necessary so to do", the words "subject to conditions and requirement aid down in ihe rules made in this behalf'shall be inserted. ]n the princlpal Act, (1) section I shall be re-numbered as sub-section (1) thereof, and in sub-secllon (1) as renumbeled, after the words "an applicatlon within", the words "such specified time and communicate the same in writing to the applicanf' shall be inserled; (2) after sub-section (1) as so renumbered, ihe iollowing sub-section shall be lnserted, namely; "(2) The submission of the duly filled up and signed Appllcatlon Form along with the speciiied documenls under the Rules made thereunder, to the oifice oi the Divisional Engineer, Water Supply Division, shall, deern to mean the acceptance ol, all the conditions and undedaking laid therein." ln the prlncipal Act, in secilon (1) lor sub-section (2), the namely:" "(2) The charges for giving notllied and prescribed in 10, following shall be substituted, initial connection shall be as the rules made thereunder." Amendment ol Section 10 lnsertion ol new section 11.ln lhe principa Act, alter section 10, the following new section shall be inseded, namely: ''10 A. lilodalities Ior Connections (1) Water Supply connectjon by the Depariment lor any purpose includlng that of domestic use shall ordinariy be given only at the ground level of ihe prem ses. lt 6 i€ 10 A shall not be lawJul lor any owner or occLrpier to demano water supply connection trom the service pipe al any other elevation or level. (2) lt shall not be lawful for any owner or occupier to use any pumps or devices to suck water directly o. .nd rectly lrom lne gove'nme1l ma. s or serv ce pipes. (3) The owner ol every premises having more than oie storey and connected with water supply lrom tl-e service pipe at the ground level shall, provide a sur,.t and set up electrical pump or other contrivances oi adequate capacity and such other arrangements as prescribed, to pump the water to the required helghi oi such premises with the prior approval of the compete.: authority. (4) On every service pipe laid after the date of comlng nio force oi thjs section, the owner cr occupier shall, iii a stopcock on every service pjpe laid before or aiier such date. (5) Every slopcock iilleo or a service p.pe a1e't.e ca:. of coming into Jorce of this section shall be p aceo such position as the Department deems mosl convenient: Provided that (a) a stopcock in private premises shall be placec as near as is reasonably practicable to the sireg: irom which the service pipe enters that pren"ises: and (b) a stopcock in a street shall be placed as nea: :o the boundary ihereof as is reasonably practica. e (6) No water plpe shall be laid in a drain or on the suaace ol an open channe or house gulLy or a cesspool or ^ any position where the pipe is ljkely to be damagec o: the water therein polluted; and except with the approva oi the Department, no latrine plt ci soak pit or cesspoo shall be constructed or made within six meters of a.li water pipe or water work or ln any position where:-e water pipe or water work ls likely to be damaged or i^e water therein polluted. (7) No person other than an Engineer or a piumber or a Officer or employee authorised by the Compe:e-: Authorlty in this behali shall execute the wor< o' consumer main, service line or internal water s!!a. connections of premises. (B) No water supply connection shall be given to the or,^: or occupier of a premise unless the interna ,,..a:. Amendment of Section 11 Amendment ot Section 13 suppy conneciions of such premises have been duly executed in accordance with the standard speclilcations prescrlbed under this Act. (S) The Stale Government rnay by notlfication in the Officia Gazette, make regu ations ior compljance by the Engineers or p umbers. (10) Any person who wlllfully vlolates the provisions oi this section shall be liab e to have the water supply disconnected to the premises and no new connection shall be sanctioned unless the owner or the occupier complies with the provisions of this secUon". 12. ln the princlpal Act, in the provlso to sectlon 11, after the words "on payment oi 1ee", for the word "or rupees twenty fve", the words "as prescrlbed under the rules" shal be substituted. 13. (1) In the principal Act, in section 13, for the marginal heading "power to ay or carry pipes", the marginal heading "power to lay or carry pipes or to construct water works and payment of compensation etc", shall be substltuted. (2) section 13 shall be re-numbered as sub-section(1) thereof and after sub-section (1) as so re-numbered, the following sub-sections shal be inserted, namely; "(2) All reservoirs, tanks, cisterns, founialns, wells, and bore we ls, pumps, pipes, taps, condults and olher works connected wlth the supply of water to the notified area, includinq the headwork's, reservoirs and the Government malns, and all brjdges, bullding, machinery, works materials and other things connected therewith and all land (not being prlvate property) adjacent and appertaining to the same, shal vest ln the Departrnent and be subject to its control. (3) The Department may construci, lay, or erect iiltration plants, reservoirs, machinery, conduiis, pipes, or other works in any place in the state lor supplying the notlfied area with water, and may provlde, tanks, reservoirs, machlnery, mains, fountains and olher conveniences withln or outside the notified area for the use of the inhabitants. (4) Ihe Department rnay cause ex sting water works to be maintained and suppl ed with water or it may close any such works and subslltute other such work and may cause them to be ma ntained and supplied wjth water. (5) Notwithstanding anything conialned in any other law for the time being ln force, ihe Department may lay a main wilhin or withoul the loca irnits of the notif ed area, 8 (a) :n any street or any land vested in the Government, the Department or any other local authority or any Government Company or Department owned or controlled by the Governmenti (b) with the consent of every owner or occupier of any land not Jorming part of a street, in over or on that land, and may, from tlme to time inspect, repair, alter or renew or may, at any tlme, remove any main, whether lald under this Act or otherwise: Provided that where consent required for the purpose of this sub-section is withheld, the Department may, after giving the owner or occupier oi the land a 15 (iifteen) days of written notice of its intention to lay the main in, over or on that land even without such consent. (6) Where the Department, under the provision of this section, lays a main in, over or on any land not forming part of a skeet or land referred to in clause (a) of sub section (5) or inspects, repairs, alters, renews or removes a maln so laid in, over or on any such land, it shall pay a compensation to every person interested in that land ior any damage done to or injurious afjectlon ol, that land by reason of such laying, inspection, repairs, alteratlon, renewal or removal of the main. (7) The Departrnent may, in any street or any land relerred to ln clause (a) of sub-section (5) whether within or without the local limits of the notified area, lay such service plpes with such stopcocks and other water llitings as lt may deem necessary for suppLy of water to premises and may, irom tlme to time, inspect, repair, aller or renew and may, at any time, remove any service pipe iald ln such street or land whether under this Act or otherwise. (8) Where a service pipe has been lawiully laid in, over or on the land not forming part of a street or land reierred to ln sub-section (7), such officers as the Department may authorize, from time to time, enter upon that land and inspect, repair, aler, renew or remove the pipe or lay a new pipe in substilution thereof but shall pay compensation for any damage done in the course of such action. (9) The Depanment may place and rnaintain conduits and lines of mains or pipes, over, under, a ong or across any immovable property whether within or wlthoui the local llmlts of the notified area without acqu rlng the i'4, 9 same and may at any tlme Jor the purpose of examinlng, repairlng, altering or removing any conduits or lines oi mains or pipes, enter on any property over, under, a ong or across which the condults or lines oi mains or pipes have been placed: Provided that the Department shall not acquire any rlght other ihan a rlght of user in the property over, under, along or across which any conduit or line of mains or pipes ls placed. (T0) If it appears to the Department that the only technically ieasible alternatlve means oi water supply to any premlses is by placing or carrying any pipe over, under, along oT across the immovab e property of another person li may, by order in writing, authorize ihe owner of the premlses to place carry such pipe, over, under, along or across such immovable propertyi Provlded that before making any such order the Deparimeni sha I give io the owner ol the immovable property a reasonable opportunity of showing cause wlihjn such time as may be prescrlbed by regulations so as to why the order should not be madel Provlded further that the owner of the premises shall not acquire any right other than a right of user ln the property over, under, along or across whlch any such pipe is placed or carried. (11) Upon making oi an order under sub-section (10), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovab e propeny with the assistants and the workmen at any time between sunrise and sunset for the purpose of placing a pjpe over, under, along or across such immovable property or for the purpose of repairing the same. (12) ln placing or carrying a pjpe under sub-section (11), as Little damage as possible shall be done to ihe immovab e property and the owner ol the premises shall, (a) cause the pipe io be placed or carried wlth the least practicable de ay; (b) fi in, reinstate and make good at his own cost and with the Least practicable delay, any land opened, broken up or removed for the purpose of placing or carrying oi such pipe; and (c) pay compensatlon to the owner of the immovable property and to any other person who sustains damage by reason ol the placing or carrying of such plpe, , / t/ 1A Amendment Section 14 (13) li the owner of the immovable property over, under, along or across, whjch a pipe nas Oeen pfaceJ oicarried under this section while sLlch immovable prooerty was not bu;,1 Lroon. oesires to e,ect anv !l:,91"9 "" such p.operly, rne Deparrn,e^r snar,-Oi rottce n wrling. requtre tne owae. oi tne p."r,r"a uiild,cated in sJo sectron (10). ro ctose, ru.or;;;;.r;; Ite oroe n such man.er as shal. oe apo-oveo oy h.a1 and to fill in, reinstate and make good ihe i..ouaOie properly as ii the pipe has not heen placed or carrjed over, under, ajong or across the same: provided that no such requisition shall be made uniess in the oplnion of the Departmeni lt is necessary or expedient ior the construction of the proposed building or the saie enjoyment thereof that th; pipe should be closed, removed or diverted. (14) No person shall obstruct or hinder any person authorized or empowered by or under tfris nci ln |re execJ.rion ot his dury or o. anylh:ng wnich fe:s autnor,zed or empowered or reouireo to do oy vi.lue oi or in consequence of any of the pr.oui"ion" ,it tni.-nli or any rules or made thereunder. (15) N-o--p e.son shaJi, e xceor wirh the permission ouryobta,red from the Deoartn enr or rhe pubtic rlealti trngrree. tn cha,ge oi water s oply, enler on land or premises or waler works of the Department. (16) Save as orovided ior,n any orl^er secrion o, th.s Acr any co.npensat:on to De oa.d JrCer tnis sect,o,.t or th; olne, prov.sions tr this Acl. snat, be as delermrled bv tFe ocal authority as eslaoJisned by Ldu,.,. 14. In the prjncipat Act, lor section 14, the loltowing shalt be substituted, namelyt "14. Charges for Water Supply (r ) Ih: Oo::iirgll may. trom r.n e ro tine by nolrf,catio,l tn tne U.ticial Gazette. fi{ the tirres lfieq.ency olpayment), conditions and the rate or rute" oi cnuri"", on metered basis or on the basis of numUer oi tlaolinstalled or on the dimension "f the ";;;;"; ;;;;::I:il: "l any to.rr.rra app,oved oy,r.," "orpui"niaurro.tty, by the consume. for suppty oi wate. Lnderthis Act and djfferent rate or rates, frequency orcondition may be iixed for Oitterent.areas ani toi different consumers and for different quantities. (2) The conpelelt author;ty rnay o.ovroe f.ee of chd,ges grarL loJs sJpply ol whoresor.re warer 10 rne p.i.,c within the notified area and may, tor. fiut purpos"ieiect Dub'ic stand posls o. olner convp.,:ences. The Government may, from iime to iime by notlilcation, lew water charqe on the bill oi the consumer. The Government may, irom time io tirne by notificatlon, levy and include the service charge for sewerage servlces in a sjngle water supply cum sewerage bill where such service is provided by the Department." 15. 1n the prncipal Act, in section 15, after sub-section (3), ihe following sub-sections shall be lnserted, nanrely: "(4) The instalalion, use, maintenance and testing of meters and dlsconnection of water suppiy shall be regu ated by rules made on this behaf." 16. ln the principal Act, seciion 16 shall be renumbered as sub section (1) oi that sectlon and in sub-section (1)as so renumbered, (i) after the words "altered" and before the words "as may be necessary", the words "and kepl in proper order" shall be inserted; (ii) after sub-section (1), the iollowing new sub sections shall be inseded, namely: "(2) when under the provisions of this Act any person may be required or is llable to execuie any work including repairs, the Department may jn accordance wiih the provisions oi this Act and any rules made in this behali, cause such work to be executed aiter giving such person an opportunity oi execuiing ihe same within such time as may be specified by it ior this purpose. (3) The expenses incurred or likely io be lncurred by the Departmeni ln the execution of any such work shall be payab e by the said person and the expenses lncurred by the Department in connection with the maintenance ol such work shall be payable by the person or persons enjoying the amenitles and conveniences rendered posslble by such work. (4) The expenses under sub-section (3) shall be as determined by the competent authorlty, whose written certlficate shall be final and binding and recoverable lrom the person or persons liabie thereof as an arrear of water charge payable under this Act." 17. ln the prjncipal Act, in section 18, (i) in the marginal heading, after the word "main" and before the words "not to be made", the words "or waier works" shall be inserted; and (ii) atter the words "Government main" appearlng at the end, the words "or water wolks" shall be insened. l2 (3) (4) Amendment ol Section 15 Amendment ol Section 16 Amendment ol Section 18. Amendment of Section 19. Amendment ol Section 21. Amendment ol Section 22. 18. ln the principa Act, for sectlon 19, the following shall be substituted, namely: "19. lndemnity Notwithstanding anything contained in any other law for the time being ln force or any deed executing under ihis Act or rules made thereunder, the Government or its officers and employees shall not be liable for any damage to, or penalty for, dlscontinujng the supply of water or reducing the supply of water or failure to supply water to any person or to any area if the cause of such failure to supp y water to any person or to any area, is due to source depletion, drought, damage, accident, re-laying or repairing pipes or any other circumstance that is beyond the control of the Government, its olfjcers and employees." 19. ln the principa Act, section 21 shall be renumbered as sub section (1) oi that section and aJter sub-section (1) as so renumbered, the following sub-sectlons shall be inserted, namely;" "(2) lt any building, wall or any other struclure be so erected or any street be so lald, the Public Health Engineer in charge ol water supply or any other ol{icer authorlzed by the Department in this behalf may cause the same to be removed or otherwise dealt with as he deems fit and the expenses thereby incurred shal be paid by the persons contravening the provisions of sub-secUon (1). (3) The expenses under sub-section (2) shal be as determined by the competent authority, whose written certlficate shall be final and bindjng." 20. ln the principal Act, for section 22 enC the entries relating thereto, the following shall be substltuted, namely: "22. Notified water sheds, water source and water maln routes", "(1) All water bodies, shall be identifed as watersheds or water sources or both or water main rouies. (2) Such 'watersheds or water sources' or 'water main routes'shall be under the administraiive conirol oi the Department. (3) Any use of water irom such 'watersheds or water sources' or 'water maln routes' by the public, local authorlty or any other agency sha i require prior approval oi the Competent Authority. (4) The Government may impose iee for use oi water irom, the 'watersheds or water sources' or water main routes by the public, loca authority or any other agency and the charges shall, as may be prescrlbed by the rules. f Amendment Section 23 Explanation. For the purpose of this sectlon, (a) 'watershed' means an area surro!nding any sprlng, stream or pond (whether formed naturally or otherwise) which conserves and sustains a source of water the quantity whereol is likely to be varied by eroslon of soil, ielling ol trees or dlsturbances by cattle grazlng or human sett ement and includes the gathering ground oi a river system; (b) 'waterroute' means the strip ol land along with the plpe line for supply oi water js laid and includes the land adjoining such plpe line which, il disturbed by quarrylng, digging, felllng of trees, cattle grazing or human settlement, ls likely to disturb the stability of the pipe line. (c) 'water source' means 'waier bodies' and includes any lakes, rivers, aquifers, ground wateI, streams, spring or ponds (whether formed naturally or otherwise) from where water is tapped for domestlc or any other purposes. 21. (1) ln the principal Act, section 23 shall be renumbered as sub-sectlon (1) thereof, and in sub-section (1) as so renumbered, (i) ior clause (a), ihe following shall be substiluted, namely: "(a) remove, alter, injure, damage or in any way interiere, break, injure, turn on, open, close, shut oti or otherwise interfere wlth any lock, cock, valve, pipe, meter or olher works or apparatus, with the demarcaied water works"; (l) for clause (g), the tollowjng clause shall be substituted, namely: "(g) williully or negligently obstruct any person in the discharge ol his duties under this Act or rules made thereunder in setting out the lines of any works or pull, or remove any pillar, post or stake fixed in the ground for the purpose of setting out the lines of such work or deface or destroy any works made ior the same Pu,PUSe I (iii) alter clause (g) the following clauses shall be inseried, namely: "(h) obstruct any officer or employee ol the Department in the discharge of hls duties under this Act or rules made thereunder, or reiuse or wi lfully neglect to furnish him with the means necessary ior the making oi any eniry, !nspection, examinalion or lnqulry thereunder in relation to any water work; or t4 t\. \) Amendment ol Section 24 Amendment of Section 25 (i) obstruct the ilow off, fush, draw off or dvert, or take, water from any waler works belonging to the Department or any water course by which any such water is supp ied; or 0) do any other act which the Government may, by notif cation, prohibit." (2) after sub-section (1) as so renumbered, the following sub-sectlon shall be inserted, namelyi "(2) nothing in claLrse ia) of sub-section ('1) shalapply to a consumer closing the stop-cock fixed on the service pipe supplying water to his premises so long as he has obtalned the consent of any other consumer or occupier whose supply will be atlected thereby." 22. ln ihe principal Act, in section 24, after sub-section {2), the following sub-sections shall be inserted, namely: "(3) When water is supplied in accordance with the provisions of this Act through a meter, it shalL be presumed that the quantity indicated by the meter has been consurned until the contrary is proved. (4) The competent aulhority may authorise any person to test any water fitting used in connection with water supplied by him." 23. ln the principal Act, in section 25, (i) ior the marginal heading "Obligation of owner to give notice of waste of water' the marginal heading "Obligation oi owners, citizens, policeman and employees", shail be substitutedj (ii) ior sub-section (1), the iollowing shall be substituted, namely: "(1) The owner or occupier of any premises to whjch water is made under the provision oi this Act and has within his knowledge that such water js being misused or wasted whether within or outside his own land or premise, shall fo(hwith glve notice in writing to competent authori'ty of such misuse or wastage.", (iii) after sub-section (1), the following sub-sections shall be inserted, namely: "(2) The owner or occupjer of any premises to which water is made under the provision of this Act shal have primary obligation for watch and ward of the water meter and shall not tamper with the water meter and prevent any person from tampering and shall iorthwiih give notice in writing to competent authority oi such tampering by another person. 1t , 1,. Amendment of Section 26 (3) lt shall be the duiy of a I citizens, policemen and employees of the Departmeni or any Local Authority to give immediate information to the Department or oflicers of the Departmeni authorlzed ln this behalf, of the commission oi, or ihe attempt to commit, any ofience against this Act or any rules or reguJation made thereunder and to assist all such oificers in the exercise of their lawlu aulhority." 24. ln the principal Act, in section 26, (i) ior sub-seciion ('1), the following shall be substituied, namely: "(1) The Chlef Engineer, the Public Health Engineer or any employee authorized by the competent authorty in this behali or empowered in this behali by or under the provislons ol this Act or rules made there under, may, enter into or upon any land or premises with or without assistants and workmen for the purpose ofi (a) ascerta ning whether, within or outside the land or premises, there is or has been any contravention ol the provisions of this Act or any ru es made thereunderi (b) taking any action or executlng any work authorised or required by this Aci or any rules or regulatlon made thereunder; (c) making any inquiry, inspection, examination, measurement, valuation or survey "authorised under this Act or rules made thereundel'; (ii) aiter sub-sectlon (2), the lollowing sub-sections shall be inseried, namely: "(3) the Chief Engineer, Public Health Engineer or any employee authorised by the competent authority, may enter on any adioinlng land or premises, with or without asslstants and workmen for requirement under sub section (1) or for depositing thereon any soil, gravel, stone or olher materials or Jor obtaining access to such work or for any other purposes for administration of any provision of this Aci or rules made thereunder, (4) lhe person so auihorlsed shall, before entering on any such land or premises staie the purpose thereof, and (5) ihe person so authorised shall, in exercising any power conferred by this section, do as little damage as may be and sultable compensalion shall be payable by the Department to the owner or occupier ior any such damage, whether permaneni or temporary. Suitable compensation sha I be as determined by the prescrlbed local Authorlty by Law. /( 16 (6) ii ihe Chief Engineer, the Publlc Health Engineer, or any employee autholised in thls behalf by the competent authority is, at any such time, refused admittance into such land or premises Jor the purpose of administration of any provision of th s Act or rules made thereunder, the competent authority may, aiter giving the consumer an oppodLlnity oi being heard, cut of Ire s.pply ol water lo that oren'ises. (7) li the nature of work requirlng entry ls of such urgency that lt cannot be delayed, it shall be lawlu for the Chief Engineer, the Public Health Engineer, or any employee authorised in this behali by the competent authority, lor purpose of administration oi any provision oJ this Act or rule made thereunder, to make any entry in to any place and to open or cause to be opened any door, gate or other barrier including breaking in (a) if he considers the opening th€leof necessary ior the purpose of such entry; and (b) ii the owner or occupier ls absent or being present refuses to open such door, gate, or barrier. (8) Before making any entry or break in nto any such place or opening or causing to be opened any such door, gate or other barrier, the Chief EnOineer, the Public Health Engineer or the employee authorised or empowered in thls behalf, shall call upon trrvo or more respectable inhabltants oi the locality in which the piace to be entered into is situated, to witness the entry or opening and may issue an order in writing to them or any of them so to do. (9) A report shall be made to the Department as soon as may be aiter any entry has been made into any place or any door, gate or other barrier has been opened under this section. (10) Save as otherwise provided ln this Act or any rule made theleunder, no entry authorised by or under this Act, shall be made except betweer the hours ol sunrise and sunset. (11) Save as oiherwise provided for in sub-section (7) and any other provision of this Act or any rule made there under, no entry upon or inio any land or premise shall be made without the consent of the occupier, or ii there ls no occupler, or the owner thereoi and no such entry shall be made wjthout giving the said owner or occupier, as the case may be, not ess than twenty hours written notice of the intention to make such entry. (12) When any place used as a human dwelling is entered under this Act, due regard shall be paid to the soclal rit Amendment Section 27. Amendment ol Section 29 Amendment of Section 30 and religious customs and usages of the occupants of the place entered, no apartment in the actual occupancy of a female shall be entered or break open uniil she has been informed that she is al lberty to wiihdraw and every reasonable facillty has been aiforded to her for wlthdrawjng." 25. ln the princlpal Act, n section 27, (i) lor ihe marginal heading "lnjuring meter ilttlngs", the marginal heading "lnjuring meter, fltiings, water works" shall be substltutedi (i) for sub-section (1), the following shalL be substituted, namelY: "(1) No person sha I wllliuLly or negligently iniure or suiier to be njured any meter or any oi the fittlngs oi any meter, any other fitting oi water works and shal be deemed to be an oiience under this Act."; (ii) after sub-sectlon (1), the following sub-sections shal be inserled, namelY:' "(2) Such person shall be prosecuted in the l\lagjstrates Couri and the offence under sub-section (1) shall be punishable by a fine equal to iwo iimes the actual cost of repair, renewal or restoration or imprisonment up to two years or wiih both. (3) The actual cost of repair, renewal or restoration under sub-section (2) shall be as deiermined by the competent authorlty, whose written certificate shall be linal and blndlng." 26. ln the principal Act, in section 29, after sub-section ('1), the folowing sub-sections shall be inserted, namely: "(2) Subject to techno"economic ieasibillty, the Public Health Engineer in charge of water supply may fix hydrants or static tanks, at such places as may be most convenient lor aflording a supply of water for extinguishing any iire. (3) The Competent Authority may require the owner or occupier of any iactory, workshop, trade premises or pace of business or residentiaL house or non residential house, to plovide for and maintain in working conditlon and in a sultable ocailon and ol prescribed dimensions, static tanks and one or more fire hydranis, to be used only lor extingulshing lires." 27. ln l.e prilcipa Act. in seclio- 30, (i) throughoui sub-section (1), for the words "Chief Engineer-cum-Secreiary, Buildings, PHE and Housing /8 * I : Amendment of Section 31 Amendment ol Section 32 Department", wherever ihey occur, the words "Prlncipal Chief Englneercum-Secretary" shall be substiluted; (ii) ln sub-section (2), after the words "under appeal" appearing at the end, the words "and the orders of the appellate authority on such appea shall be iinal" shall be lnserted. 28. |n the principal Act, ln section 31, the words "water supply" appearing before the word "Department" and after the words 'lhe Min jsier-in-charge of", shaLL be omitted. 29. ln the principal Act, section 32 shall be renumbered as sub section (1) thereof and after sub-section (T) as so renumbered, the iollowing sub-section shall be inserted, namely: "(2) Jolnt and several llability oi owners and occupiers sha I exisl for sub-section (1). " 30. ln the principal Act, for section 33, ihe following shall be substituted, namely: "33. Levy of Water Fee (1) For the purposes of this Acl, the Government shall levy, on any estab ishment, industry where water not supplled by lhe competent authority is used foT non domestic purpose, a lee at such rate the Government may, lrom tlme to time, by notification, specify and different rates of fee may be specllled lor dlfferent areas or dilferent usage. Provided thatr (a) no such fee shall be levied and collected in any a.ea where such iee is already being collected by any local authority, or any other authority under the provisions of Sikkim Laws; (b) no such iee shall be levied and col ected in any area where water charge is already being collected by the competent authority; (c) no such iee shall be levied ano collected from any establishment, industry where the daily usage is up to one kilolitres; (d) no such fee shall be levied and collected when water is Jsed ior agr cuhural purposes. 31.1n rhe prircipal Acl. i1 seclior 34. (1) in the marginal heading, lor the words "Annual Value", the words "water iee" shaLl be substituted: Amendment Section 33 Amendment ol Section 34 a,n 19 Amendment Section 35 Amendment ol Section 36 (2) for section 34 and the entries relating thereto, the follow ng shall be substituted, namelyr "(1) For the purpose oi seclion 33, Water Fee shall be assessed as per the usage data of the estab ishment or industry and the annual b ll for each financial year shall be payable by the establishment or industry. (2) The Competent Authority may by notice demand, the user of water under section 33 of the Act to submit evidence or records of the annual usage of the volume oi water in the establishment or indusiry, refusal to submlt the record shall invite penaty in terms ol the Act. (3) The average dally consumption shall be based on the annual usage record ol the preceding year, or may be evaluated by the Divislona Engineer, considering ihe avallable information, which the user shall be bound to accept, provided that reasons for such evaluatjon shall have io be recorded. (4) Any person aggrieved by an order ol evaluation of the annual usage made by an authority under sub-seciion (3) may, within 30 (thirty) days from the date ol lhe order. prefer an appeal to such au'thorjty as may be prescrlbed (herelnafter referred to as the prescrlbed authorlty) in such manner as may be prescrjbed." 32. ln the princlpal Act, lor section 35, ihe ioilowing shall be substituted, name yi "35. Fees and Charges (1) The compeieni auihority may levy such iees or charges for lssue of no objection certiflcate, water quality certificate, water availability certificate or any other certiiicate regarding water supply and for conneciion, disconnection, re-connection oi water supply or testing or supervision or for any other service rendered or work executed, repaired, maintained or supervised as may be prescribed. (2) Ihe iees or charges referred io ln sub-section (1) shall be such as rray be prescribed." 33. ln the principal Act, section 36 shall be renumbered as sub section (1) thereof and after sub-section (1) as so re numbered, ihe fo lowing sub-section shall be inserted, name y: "(2) The Competent Authority may provide free of charges gralu tous supply of wholesome water to the public withln the notilied area and may, ior that purpose, erecl public stand posis or oiher conveniences." )4, f. {*t/ Amendment of section 37 34. ln the prlncipaL Act, lor sectlon 37, lhe lollowlng shall be substituted, namelY: "37. Manner of realization of water charges, fees or fines {1) The competenl authorlty may by notice require the owneT or occupier of the premises to pay wthin 15 (iifteen) days irom the dale of recelpi ol notlce the charges, fees or fines on account due and recoverable lror sJc^ owrer o'occup'er. (2) lf any notice, order or requisition has been issued to any person in respect o{ property of whlch he is the owner, lhe authority or officer at whose instance such notice, order or requisltions has been issued, may require ihe occupier, receiver, trustee or agent of such property or gf any part thereof pay to him, lnsiead oi ihe o*n"r, any rent payable by him !n respect of such property, as it falls due up to the amount recoverable Jrom the owner; Provided that if the occupler reiuses to disclose the correct amount of the rent payable by him or the name or address oi the person to whom lt is payable, the authorjty or officer may recover ilom the occupler the whole amount recoverable, as an arrear oi charges payable under this Act. (3) Nolwithstanding any contraci between the owner and the occupier, any amount recovered from an occuplel instead oi from an owner under sub-section (2), shall be deemed to have been rent paid by the occupier to the owner. The certificate ol receipt, indlcating such an arnouni, issued by the competent althorlty shall be iinal and conclusive proof oi payment in this regard. (4) Whenever the owner of any land or buiLding fails to execute any work which he is required to execute under thls Act or any rule made there Llnder, the occupier, if any, oi such land or building may, with the approval oi the Department, execute the said work and he shall, notwithstanding any contract between the ownel and the occupier, be entitled to recover ilom the owner the reasonable expenses incurred by him in the execution oi the work and may deduct the amount thereof from the rent payable by hi'n to the owner. (5) Where any person, by reason ol his receiving rent to irnmovab e properly as a receiver, agent to trustee or ii his being, as a receiveT, agent or trustee, the person who would receive the rent if the property were let to tenant, would under this Act or any rule made there under, be bound to dlscharge any obligation imposed on the owner oi the property ior the discharge oi which 21 =r fg lnsertion of new section money s requlred, he shall not be bound to discharge the ob igat on unless he has, or but lor his own in'rproper act or defau t mighi have had, funds in hls hands belonging to the owner suflicient ior the purpose. (6) The burden of proving any fact entitLing a receiver, aqenl or trustee to relief under sub-section {5) shall lie upon hlm. (7) Where any receiver, agent or trustee has claimed and establ shed his right 1o relief under this section, the Depariment may by notice in wrlting require hlm, to apply to the discharge of his obllgation as aforesaid the flrst money which may come io his hands on behall or for the use of the owner and on fallure to conply with notice, he shall be deemed to be personally liable to discharge the obligation. (8) Any person who has been convicted of an offence against this Act or any rule made there under shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to ihe property ol the Department resulting from the said oflence as the Department may consider reasonable. (9) Save as the certificate issued under section 16, section 21, and section 27, in the event ot a dlspute regardlng the amount of reasonab e compensation, payable under sub-section (B) such amounl shall, on application made to him be determlned by the Magistrate before whom the said person was convicted of the offencei and on non-payment of the amount of corrpensation so determined the same shall be recovered under a warrant irom the sald N.4agistrate as if ii were a iine imposed by him on the person liable therefor and remit It to the competent authority. (10) Where the owner or occupier of the premlses fails to pay the amount due from hlm within the period specified in the notice issued under sub-sections (1), (2) and (7), the compeient authority may, without prejudlce to any other mode o{ recovery, prepare a certiilcate indicating the amount due irom such owner or occupier and send the same to the Judicial Maglslrate oi the First Class of lhe area ln which the premises or land is sltuated. (11) The JLrdicial Magistrate to whom the certificate is sent shall realize the amount specllled in such certificate as iI lt were a line imposed by such l\lagjstrate and remit the same to the competent authority". ln ihe prlncipal Act, after section 37, the followlng section shall be inseded, namely:-374 35. "37 A. Notices (1) Where any notice, bill, order or requisiiion issued or made under this Act or any rule made thereunder, requires anything to be done ior the doing of which no time is fixed in this Act or the rule made thereunder, the notlce, bill, order or requisltion shall specify a reasonable time for doing the same (2) All notices, bill, summons and other documents required by this Act or any rule made thereunder 1o be served upon, or issued to, any person, shall be served or issued by such persons as may be authorized by the Department. (3) Every notice, bill, summon, order requisition or other document required or authorised by this Act or any rule made thereunder to be served or issued on any person shall, save as otherwise provided in this Act or such rule, be deemed to be duly served (a) where the person to be served ls a company ii the document is addressed to the Secretary of the Company at its registered office or at its principal ofiice or place of business and is either" (i) sent by speed post or registered post; or (ii) delver at the registered ofiice or at the principal oijice or place of business of the company; (b) where the person to be served is a partnership, lf the document is addressed to the partnership at its principal place of business, identifying it by the name and style under which its business is carried on, and is either (i) sent by speed post or registered post; or (.) delivered al r1e saio place of bus'1essi (c) where the person to be served is a public body of a Department, orqanization, society or other body, if the document is addressed to ihe Secretary, Treasurer or other head of otfice of that body, Department, organization, or society at its principal office, and is either (i) sent by speed post or registered posl; or (ii) delivered at that office; (d) in any other case, ii the documenl is addressed 10 the person to be served and (l) is given or tendered to him; (ii) i'f such person cannot be found is given or tendered to some adult member of his iamily; or {u 23 (ll) is sent by speed post or registered post to that person (4) Any document which is required or auihorized to be served on the owner or occupier of any and or buildlng may be addressed as, 'the owner'or'the occupief as the case may be, ol that land or building (identifying that land or building) without further name ol description, and shall be deemed to be duly served (a) if the document so addressed ls sent oT delivered ln accordance wiih sub-sectlon (5) and its relevant sub clause; or (b) where a document is served on a partnership in accordance with thls section, the document shall be deemed to be served on each pafiner' if the document so addressed is sent or delivered in accordance with sub-section (5) and iis re evant sub-clause (5) For the purpose oi enabling any document to be served on the owner of any premises the Public Health Engineer or any other olfjcer authorized or empowered to do so may by notice in wriling requlre the occup er oi the premises to state the name and address of the owner thereof. (6) Where the person on whom a document is to be served is a minor ihe service upon his guardian or any aduli member of his iarni y shall be deemed to be served upon the minor' (7) Nothing in the sub-sections (1)to (5) shall apply to any summons issued under this Act by a Court. (8) ln the event of non"compliance with the terms of any notice, order or requisiiion issued to any person under this Act or any rule made there under, requiring such person io execute any work or to do any act, it shall be lawiul for the auihority or officer at whose instance the notjce, order or requisition has been issued, to iake such acilon or such steps as may be necessary for the completion of the act or the work requlred to be done or executed by such person and all the expenses incurred on such account shall be payable to the Department on demand and ii not paid within 15 (flfteen) days after such demand, the expenses shall be recoverable as an arrear of charges payable under this Aci, whether or not the person in defauLt ls liable io punishment ior such deiau t or has been prosecuted or sentenced to any punishment thereof. (9) No notice, order, requisitlons, permjsslon in writjng or any other documeni issued under this Act or any rule shall be invalid merely by reason oi any defect ln lorm or detail." 24' 2:1 Amendment of Section 38 Amendment ol Section 39 36. 37. ln the principal Act, in section 38, in clause (a) oi sub section (2), after the word "firm" and belore the words "or other associaUon", the word "organization" shal be lnserted. ln the prlnclpal Act, for section 39, the fo owing shall be substituted, namelyi "39. Sanction for prosecution, Arrest (1) No prosecution shall be instltuted under this Aci without the permission ln writing of the Government (2) Save as otherwise provided in this Aci, no Court shall proceed with the trial of any oflence made punishable by or under this Act or any rule, except on the complalnt of or upon written informaiion received from, the Public Health Engineer or any officer authorlzed by the compelent authority. (3) The Chief Engineer, the Publjc Health Engineer, or any offcer authorised in this behalf by the Competent Auihority or any police ofiicer who shall be, of, or equa to or higher than the status of a sub-inspector ol police may arrest any person who commlts in his view any olience againsl this Act or against any ru e made there under, if, (a) the name and address oi such person be known to him; and (b) such person on demand decLines to give his name and address or gives a name and address which such oilicer has reason to believe to be false (4) No person so arrested shall be detained in custody after his true name and address are ascertained or' without the order of the nearest l!4agistrate, ior a period longer than twenty-four hours from the tirne oi arrest exclusive of the time necessary for the journey from the pLace ol arest to the Court ol such Magistrate (5) lf the compelent authority has reason to believe that an ofience has been committed rn vio ation of any provisions of this Act or rules made thereunder, the o!!ner, the person prirnarily liable for the payment ol the charges ior water, and the occupiers of the sajd premises shall be jointly and severa ly liable lor such oiJence." 38. ln the principal Act, in section 40, (j) lor the marginal heading "De egation", the headlng "Delegation, Competent Authority delegaiion" shall be substituted; marginal and Be Amendment of Section 40 ( 25 Amendment Section 41 Amendment ol Section 42 (ii) after sub-section (2), the iollow ng sub-sections shall be inserted, namely: "(3) The Pr ncipal Chief Englneer-cum-Secretary of the Department shal be competent authoriiy in respect oi the adm nistration of ihis Act and for that purpose may exercise al powers necessary in that behalf or delegate It io a subordlnate authority by an order in writing. (4) The Chief Engineer or any olher olficer or oiilcers notllied by an order of the competent authority in this behall may a so exeTc se any power or periorm any lunction entr!sted to him by such notificatlon." 39. ln the pincipal Act, (i) section 41 shall be renumbered as sub-section (1) thereof and in sub-section('l) as so re-numbered, after the word "thereunder" and before the words "shall, on conviction", the words "or fails io comply with any order or direction lawfully given to him or any requisillon lawfully made upon him under any of the said provlsions" shall be inserted; (ii) alter sub'sectlon (1) as so re-numbered, the iollowing sJb-secrions sl a be i seneo. ^arrey: "(2) ln the case oi a contlnuing coniravention or failure after conviction, such coniinuinq of contravention or failure shall be punishable with dally fine which may extend to one hundred rupees for every day during which such contravention or failure continues after conviction. (3) Action taken under Act or the rules made thereunder, against any person shal be wiihoui prejudice to any penaltles to which he may otherwise be liable under any other Law." 40. ln the prlncipal Act, for seciion 42, the following sha be substituled, namely: "42, Protection of Action taken under this Act and Public Servant (1) No sult or prosecution shall be entertained in any court against the Department or against any oflicer or employee of lhe Department or against any person act ng under the order or direction of the Competent Authority or any ofiicer or employee of the Deparlment for anythlng which is in good faiih done or intended to be done undeT this Acl or anv rule or regulatlon, made thereunder. )6, No suit, prosecution or other legal proceedings shall lie against any olficer or employee of the Deparlment lor any act done or purporting to be done under this Act or any rule or regulation made there under without the previous sanction of the Government. All members, oilicers and employees oi the Depanment shall be deemed, when acting or purporting to act in pursuance of the provisions of this Act or any rule or requlations made thereunder, to be public servants within the meaning of Law lor the time being in iorce." 41.|n the principal Act, in section 43, (i) ln the marginal heading, alter lre word "rules", the words "and supplemental order" shall be inserted; (ii) in sub-section (2), (a) in clause (d), the words "and all meters in connection, with the use of water and turning on and ofl and prevenring waste ol water' appea'i1g afle'Ihe wo'd "meters" shall be omitted; (b) for clause (g), the following shali be subslituted, namely: for connection, disconnection, other services rendered to the f ollowing shall be substituted, "(h) the equitable distribution oi water supplied to the owners, occupiers or users within the notified area"; (d) after clause (h), the following clauses shall be inserted, namely: "(i) altering the position of connections; (j) the prohibition ol iraudulent and unauthorized use of water and the prohibition of tampering with meters; (k) the compulsory employment of engineers or plumbers for the work of consumer line or service line or internal and external plumbing oi the consumer's premises. (l) the delegation and re-delegation of duties and responsibjlities oi officers and ernployees ol the Department; (2) (3) Amendment ol Section 43 "(g) charges or fees reconnection and consume/'; (c) for clause (h), the namely: @ (m) the power of the Competent Authority to take charge of private connections; (n) any other maiter arising out of the Department's function under this Act, in which it is necessary or expedient to make such Rules. (o) the use of water and preventing misuse, wastage or disturbance in the equitable distribution of water." JAGAT B. RAI (SSJS) L-R-cum-SECRETARY LAW DEPARTMENI S.G.P.G, -121/ Com.2/Cazette /100 NosJ Dl? 22.03,2018. THE SUBSEQUENT AMENDMENTS TO THE SIKKIM WATER SUPPLY AND WATER TAX ACT, 1986 (ACT NO. 8 OF 1986) AMENDED AND UPDATED UPTO MARCH, 2018