Bare ActsThe SIKKIM WATER SUPPLY AND WATER TAX ACT, 1986

Section 37

Amendment status not verified — confirm the current text below against the official source.

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."

Section 37 – The SIKKIM WATER SUPPLY AND WATER TAX ACT, 1986 | DailyLaw.ai