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GOVERNMENT
OF SIKKIM
URBAN DEVELOPMENT AND HOUSING DEPARTMENT
GANGTOK.
N
O T I F I C A
T I O N
In exercise of the powers conferred by section 8 of the
Sikkim (Repeal and Miscellaneous Provisions) Act, 1985, (10 of
1985) the State Government hereby makes the following rules
namely :-
Short
title, extent 1.
(1)
These rules may be called the Sanitation and
commencemnt.
Rules for Towns of Sikkim, 2000.
(2)
They shall
extend to the whole of Sikkim.
(3)
They shall
come into force at once.
Definitions.
2.
In these
rules, unless
the context
otherwise
requires :-
(a)
‘Act’
means the Sikkim (Repeal and Miscellaneous
Provisions) Act, 1985.
(b)
“Commercial
building” means the building which is utilised for shops,
hotels, lodge, guest house, holiday home, cinema halls, video
halls, nursing homes etc;
(c)
“covered
area” means the sum total of the floorwise area from the
ground floor to the topmost floor regardless of whether Blue
Print Plans of the building is approved or not;
(d)
“Department”
means the Department of Urban Development and Housing,
Government of Sikkim;
(e)
“Offensive
matter” means kitchen or stable refuse, dung, dirt, putrid
or putrifying substances and filth of any kind which is
hazardous to the public health.
(f)
“receptacles”
means container or dustbins.
(g)
“residential
building” means the building which is occupied by the owner
and his family including the tenants”,
(h)
“rubbish”
includes dust, ashes, broken bricks, mortar, broken glass and
refuse of any kind but does not include offensive matter or
sewerage.
(i)
“sewerage”
means night soil and other contents of privies, urinals,
cesspool or drains and includes trade effluents and discharges
from manufactures of all kinds;
(j)
“Town”
means a place or places which are notified by the Government
in the Official Gazette as Towns.
Disposal
of rubbish/
3.
(1)
No person shall place or cause to be placed offensive
waste
rubbish or offensive matters in any place materials.
other than
in the
receptacles
provided by
the department from
where these rubbish and offensive
matters will be removed by the
employees of the department.
(2)
No person
shall dispose of or throw out rubbish, offensive materials in
the jhoras.
Prevension
of
4.
(1)
No occupier shall cause, permit, or suffer mosquitoes
any water within his holding to form a breeding.
collection in
which mosquitoes breed or are
likely to breed unless such collection is
effectively treated to prevent such breeding;
Explanation:- The natural
presence of mosquitoes larvae in any standing or flowing water
shall be an evidence that mosquitoes are breeding in such
water.
(2)
The owner
or occupier of any house, building or land shall not therein
keep any bottle, vessel, can or any other container broken or
unbroken, in such manner that it is likely to collect and
retain water which may breed mosquitoes.
Prohibition
of
5.
No person shall hang clothes on the balconies of
hanging of
his building or house facing the main streets or
clothes. public
thoroughfare.
Disposal
of dead
6.
Wherever an animal in the charge of person dies bodies
of animals.
Otherwise than by being slaughtered either for sale
or consumption or for some religious ceremonial
occasion the person in charge thereof shall either –
(a)
convey the
carcass within 12 (Twelve) hours to a place or field outside
the town for disposal of such carcasses, or
(b)
give notice
of the death within three hours to the employees of the
Department for the disposal of the same.
Private
latrine and 7.
(1)
If any
premises intended
for human house drain connection.
habitation are without
latrines or
house
drain connection or if such premises have
inadequate latrines or house drains, the
Department may by written notice require the
owner of such premises –
(a)
to provide
such latrines or house drains or such additional latrines or
house drains as the department may direct.
(b)
to connect
the latrines or house drains to the main sewerage line where
there is main sewerage line;
(c)
to connect
the latrines or house drains to the nearest suitable jhora.
(2)
The owner
or occupier of such premises shall also make adequate
provision to prevent overflow from such latrines or house
drains while complying with the provision of sub-rule (1).
Repair,
alteration 8.
When any
premises for
human habitation
have and removal of
undesirable or defective latrines which are likely to
latrine and drain
cause health hazard to the public, the Department
connections. may,
by a written notice require the owner of
such premises :-
(a)
to repair
such latrine or house drain,
(b)
to alter
such latrine or house drain,
(c)
to remove
such latrine or house drain.
Prohibition
of
9.
No person shall construct latrines with its effluent
construction of connected to
the public or private jhoras nor shall latrines over/
any person construct any latrines, shed, disposal into
jhora.
system of any
kind over
any public
or private
jhoras.
Storm
water
10.
The owner of a building or structure shall provide
drain.
adequate plinth
protection and
storm
water
drainage system leading to the nearest public jhora
or drain.
Overflow
or
11.
The owner of a building or structure shall prevent
overhead water
overflow or leakage of overhead water reservoir by
reservoir.
providing proper ball
cock or
stop cock system in the
inflow and outflow pipes.
Prohibition
of
12.
No person shall build or construct or install open
overhead open
overhead drainage
into jhoras or public or private drainage.
drains. Such system shall be directly connected to
the jhoras and/or public drains by concealed pipes
from the source itself.
Power
to entry, 13.
The Officers and staff of the Department, not inspect,
survey
below the
rank of
Sub-Inspector may enter into or execute work.
any building or land
with or without assistants or,
workman in order to make any inquiries inspection or
survey or for measurement or execution of any work
under the provision of these rules.
(1)
No entry
shall be made between sunset and sunrise; and
(2)
due regard
shall be given to the social and religious usages of the
occupants of the premises.
Levy of Sanitation 14. The
sanitation tax for the total covered area of a house or
tax
building of each floor excluding the courtyard and hood shall be
levied as per the following rates, namely: -
(i)
Residential
building and Government Offices @ Rs.0.10 paise per square
foot per annum.
(ii)
Commercial
building @ Rs.0.20 paise per square foot per annum.
NOTE: Where a building
is utilised for both the purposes the tax shall be computed
accordingly.
Remedial
Action.
15.
Notwithstanding anything
contained in these rules
or any other law, any officer not below the rank of a
Sub-Inspector, who is authorised by the Secretary, Urban
Development and Housing Department in writing, is
empowered to take such steps to keep the premises
clean and collect such tax not exceeding Rs. 100/- from
the person who commits any act contrary to these rules,
defray expenses, and credit the balance of tax to the
Government Account.
Offences
punishable
16.
Subject to the Section 10 of the Act (10 of 1985)
all
with fine.
offences under these
rules shall be punishable
with fine which may extend to Rs. 1000/-.
Offences
to be 17.
All offences under these rules shall be cognizable
cognizable and and bailable
and shall be triable by Magistrate of bailable.
the First Class.
Filing
of Complaint. 18.
All complaints shall
be filed by an Officer not below
the rank of an Under Secretary or any other officer authorised
in this behalf by the Secretary, Urban Development and
Housing Department, Government of Sikkim.
Limitation.
19. All
complaints shall be filed
within one year from
the date of an offence.
Protection
of action 20.
No Suit or other legal proceedings shall lie
against
taken in good faith.
any officer of the Government for anything which is
in
good faith done or intended to be done in pursuance of
these rules.
Repeal
and Saving.
21. (1)
The Sanitation
Rules for
Town of
Sikkim,
1989, is hereby repealed.
(2) Not withstanding such repeal, anything done or any
action taken under the rules so repealed shall be
deemed to have been done or taken under the
provisions of the Sikkim(Repeal and Miscellaneous
Provisions) Act, 1985.
By Order.
(
L.B.Rai )
Commissioner-cum-Secretary,
Urban Development and Housing Department.
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