Sikkim Sewerage and Sewage Disposal Act, 1987

No: 2 Dated: Mar, 28 1987

Sikkim Sewerage and Sewage Disposal Act, 1987

(Act No. 2 of 1987)

    An Act to provide for regulation of Sewerage and Sewage Disposal and for matters connected thereto.

    Be it enacted by the Legislative, Assembly of Sikkim in the Thirty-eighth Year of the Republic of India as follows

1. Short title, extent and commencement. - (1) This Act may be called the Sikkim Sewerage and Sewage Disposal Act, 1987.

(2) It extends to the whole of Sikkim.

(3) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different areas or different provisions of this Act.

2. Definitions. In this Act, unless the context otherwise requires,

(i) "Cess, pool" includes a settlement tank or other tank to receive or dispose of foul matters from any premises;

(ii) "Chief Engineer-cum Secretary" means the Chief Engineer cum-Secretary to the Government of Sikkim in the Buildings, Public Health Engineering and Housing Department;

(iii) "Competent Authority" means the Chief Engineer cum- Secretary, in the Buildings, Public Health Engineering and Housing Department of the Government of Sikkim or any other officer authorised by him in this behalf;

(iv) "Department" means the Buildings, Public Health Engineering and Housing Department in the Government of Sikkim;

(v) "Drain" means a sewer, tunnel, pipe, ditch, gutter or channel or any cistern, flush tank, septic tank or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water or sub soil water and includes any culvert, ventilation-shaft or pipe or other appliances or fittings connected with such drain, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or "removing sewage or offensive matter from any place;

(vi) "Government Sewer main" means any pipe or system of pipes along with all fittings thereto laid by the State Government by means of which Sewage is transported from any premises to its final disposal point;

(vii) "Occupier" , in relation to any premises, means the following

(a) any person for the time being paying or liable to pay rent or any portion thereof to the owner in respect of those premises;

(b) an owner who is in occupation of those premises;

(c) a tenant of those premises who is exempted from payment of rent;

(d) a licensee who is in occupation of, those premises; and

(e) any person who is liable to pay damages to the owner in respect of use and occupation-of those premises;

(viii) "Owner" in relation to any premises, means the person who receives the rent of the said 'premises or who would be entitled to receive the rent thereof if the premises were let out and includes.

(a) an agent or trustee who receives the rent on account of the owner;

(b) an agent or trustee who receives the rent of, or is entrusted with the management of any premises devoted to religious or charitable purposes;

(c) a receiver or manager appointed by any Court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of the said premises; and

(d) a mortgagee in possession;

(ix) "premises' means any land and/ or building or any part thereof;

(x) "prescribed" means prescribed by rules;

(xi) "sewage" means night-soil and other contents of water closets, latrines, privies, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables and other like places and includes trade effluent;

(xii) "sewer" means closed or open conduit for carrying sewage, offensive matter, polluted water; waste water, or sub-soil water;

(xiii) "sewerage" means a system of collection of waste water from community from its houses, institutions, industries and public places, pumping, treatment, utilization and disposal of such waste water, its effluent, sludge, gas and other products

(xiv) "Trade Effluent" means any liquid either with or without particles, of matters in suspension or dissolved therein; which is wholly or in part produced or discharged in the course of any trade or industry including agriculture and horticulture, but it doe not include domestic sewage; and

(xv) "User" means any person getting the benefit of any sewerage service from the Department.