Sikkim Water Supply and Water Tax Act, 1986

No: 8 Dated: Sep, 15 1986

Sikkim Water Supply and Water Tax Act, 1986

(Act No.8 of 1986)

    An Act to provide for regulation of the supply of water ,realization of charges for supply of water and tax on water and for matters connected therewith or incidental thereto.

    Be it enacted by the Legislature of Sikkim in the Thirty seventh Year of the Republic of India as follows:

1. Short title, extent and commencement. - (1) This Act may be called the Sikkim Water Supply and Water Tax Act, 1986.

(2) It extends to the whole of Sikkim.

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

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

(i) 'area' means the area declared by Government by notification to be an area for the purposes of this Act;

(ii) 'Government main' means the water pipe lines owned and maintained by the Government;

(iii) 'Consumer's main means water pipe lines which connect Government main with the consumer's premises and includes service pipe and internal plumbing lines of the consumer's premises;

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

(v) 'Consumer' means any person getting the benefit of any water supply from the Government

(vi) 'notification' means a notification Official Gazette; published in the

(vii) 'notified order' means any order published in the Official Gazette;

(viii) 'occupier' in relation to any premises, means

(a) any person in occupation of the premises or part thereof paying or liable to pay rent to the owner in respect of such premises or part of the premises;

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

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

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

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

(ix) 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 if the premises were let or leased and includes

(a) an agent or trustee, who receives such rent on behalf 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 in respect of, the said premises; and

(d) a mortgagee in-possession;

(x) 'prescribed' means prescribed by the rules made under this Act;

(xi) 'connection point' means a point where 'Government main' is joined with the 'consumer's main;

(xii) water works' means a lake, pump, reservoir, cistern, tank, duct, whether covered or open sluice mains, pipes, culverts, engine, hydrant, machinery, land, building or thing for supplying or used for supplying water and includes such other streams, springs, and wells as the Government may, by notification, specify;

(xiii) 'service line' means the portion of consumer main starting from the point where consumer main joins the 'Government main' upto the point in the consumer main where water meter is installed.