Sikkim act 007 of 1998 : The SIKKIM URBAN AND REGIONAL PLANNING AND DEVELOPMENT ACT,1998

SIKKIM

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Ganqtok, Thursday 29th April 1999 .------ ,~-----------------------------------------------^No.⁹⁶

GOVERNMENT OF SIKKIM

LAW DEPARTMEN'r

GANGTOK.

NO.7/LD/99 Dated the 8th March, 1999

NOTIFICATION

The following Act of the Slkkim Leqislative Assembly having received the assent of the Governor on 21st day of February 1999 is hereby published for general information :-

THE SIKKIM URBAN AND REGIONAL PLANNING AND DEVELOPMENT ACT, 1998

(ACT No. 7 of 1998)

ACT ,

to make provision for the promotion of development and regulation of growth of regions and of urban and rural areas in the State of Sikkim and for purposes connected therewith and incidental thereto:

Whereas it is expedient to make provision for the promotion of development and regulation of growth of regions and of urban and rural areas in the State of Sikkim and for purposes connected therewith and incidental thereto.

Be it enacted by the Legisiature of Sikim in the Forty-ninth Year of the Republic of India as follows:-

Short title,

extent

and com-

mencement.

CHAPTER -I

PRELIMINARY

1. (1) This Act may be called the Sikkim Urban and Regionai Planning and Development Act, 1998.

(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 Offica! Gazette, appoint and different dates may be appointed for different areas.

2. In t!~jsAct, unless there is anything repugnant in the subject or context, -

(1) "agriculture" includes horticulture, farming, growing of crops, fruits, veg- etables, flowers, grass, fodder and trees or any kind of cultivation of soil, breeding and keeping of livestock including cattle. horses, donkeys, mules, pigs, fish, poultry and. bees and use of land which is ancillary to the farming of land or any other agricultural purposes, but shall not include the use of any land attached to a building for the purposes of a garded to be used alongwith such building, and "agricultural" shall be construed accordingly;

Definitions.

(2) "amenil''1'' includ!3& roads and str~<~ts,water, gas and electric supply, o~ spaces, parks, recreatlorrl~1grounds, playgrounds, cultural centres, natural teatun streetliqhtinq, sewerage,qraina.ge, publlc tactlities and such other utilities, servlc- and '6dhveniences; .

(3) "snnuei plen" means a pian conceived w!t\lin the framework of the dev!3lr ment plan of tile development area containing the physical and fiscal details of the ne, and ongoing projects or schemes to be undertaken in a financial year;

(4) "Area of bad hwout or obsolete de!f~/Qpment'l means an area consisting of land which is badly laid out or of obsolete development together with othe land contiguous or adlacent thereto which is defined by a perpective plan, development plan or an annual plan as an area of bad layout or obsolete development;

(5) "Authority" means a Development Authority constituted under sub-section

(3) of section 21 for a development area under this Act;

(6) "Board II means tile SHckirnUrban and Hegional Planning Board constituted under sectlon 3 of U,is Act;

(7) "Building" includes any structure or erBGUOnOrpart ot a structure or erection which is intended to b!3used for residential, industrial cornmerclal or other purposes whether in actual use or not;

(8) "building operetione" tnctude.-

(a) erection or re-erectlonot a building or any part of it;

(b) roofing Of' re-rooflnq of a building orany part of a buildin~Jor an open space;

(d) any such alteration of a building as is IikJily to attect an alteration of its drainage or sanitary arrangements or materially affect its security; and

(e) the construction of a door or window openinq on any street or land not belonging to the owner of the building;

(9) "Chief Town Planner" means the State Chief Town Planner appointed under section 7 of this Act;

(10) "commerce" means the carrying on of any trade, business or profession, sale Qrexchange of goods of any type whatsoever. and includes the running of, with a view to making profit, hospitals or nursing homes, infirmaries, educational institutions and also hotels, restaurants and boardinq houses not attached to any educational institution, saralsand "commerciel" shall be construed acoordingly; t·

(1'1) "commercial Use" Includes the use of any land or building or part thereof for purposes of commerce for storage of ~:jOods,oras anoffice, whether attached to any industry or otherwise;

(12) "court" means a principal civil court of original jurisdiction and includes any other civil court empowered by the Government to perform the functions of the court , under this Act within the pecuniary and local limits of its jurisdiction;

(13) "development" with its grammatical variations means the carrying out of building, engineering ITlining,quarrying or other operations in, on over or under land, the cutting of a hill or any portion thereof or the making of any materia! change inany building or land, or in the use"of any building or land, aile! includes SUb-division of any land;

.. (14) "develop"!!J!Jt IiIfea"means the area orqroup of areas declared as develop .. ment area under SUb-section (t) of sectlon 21 of thls Act;

, '. '. • • : •.• ,' "~I ,,(00\. ""'.. .',

·f

(15) "deve/opmentlplan" means a develop~er,t plan preparec TOr lilt;; •..•"' ••.•,•.•1"

. . 1 I . I' :

ment area under this Adt; . .;

(16) "Engineering Operations" include the form~tion or the laying out of means of access to a road or the laying out of means of water supply, sewerage, gas or of electricity cables or lines or of telephone lines and other communication lines and public utility services; I

(17) "existing land use" means the pre-dominant purpose for which any land or building was being used on a specified date;

(18) "Government" means the State Government of ~ikkm;

(19) "Industry" includes the carrying on of any manutacturinq process as defined in the Factories Act; 1948 and "industrial" shall be construed accordingly;

(20) "Industria/use" includes the use of any land or IJuilding or part thereof for purposes of any industry; I

(21) "tend" includes benefits arising out of iand attached to the earth or permanently fastened to anything attached to the earth;

(22) "local eutnortty" means a Municipal Corporation c?ra Municipal Council or a Nagar Panchayat constituted under the Sikkirn Munlcipalltles Act, 1995 or a Bazaar Committee or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund or which is permitted by the Government to exercise the powers of a local authority, and includes Urban Development and Housing Department and a local authority is a "Local authority" concerned if any land within its local limits falls in the area 'of a plan prepared or to be prepared under this Act;

(23) "local newspaper" in relation to any regional planning area or the develop- ment area means any newspaper published or circulated within that areas;

(24) "means of access" includes any means of passage whether private or public, for vehicles or Tor pedestrians and includes any street;

(25) "natural hazard" means the probability of occurrence within a specified periods of time in a given area of a potentially damaging natural phenomenon; sudden happening and occurrence of natural calamity like flood, earthquake, etc.;

(26) "notification" means a notification published in tille Official Gazette;

(27) "occupter" includes z-

(a) a tenant;

(b) an owner In occupation of or otherwise using his land or building or part thereof;

(d) a licensee in occupation of any land or building or part therof;

(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building or part thersot;

(28) "operational construction" means any constructlon whether temporary or permanent, which is necessary for the operation, mai'ntenance, development or execution of any of the following services, namely:-

(a) railways;

(b) national highways;

(d) major ports;

(e) airways and aerodromes; .

(f) posts and telegraphs. telephones, wireless, broadcasting and other like forms of communication;

(g) regional grid ~?felectribty; and

(h) any other s9ri1!¢e which the Government may, if it is of opinion that the operation, maintenance, development or execution of such other service .is essential tothe'Iite of the cornrnuntlyby notification, declare to be a service-for the purpose of this clause, I

Explanation: For the removal of doubts, it is hereby declared that the construction ot-

(i) new residential buildings (other than gate lodges, quarters for limited essential operational staff arid the like) roads and drainsih railway colonies, hotels, clubs,institutions and schools in the case of railways; and

(ii) a new building, new structure or new installation or any extension thereof, in the case of any other service, shall not be deemed to be an operational construction within the meaning of this clause.

(29) "owner" includes Cl mortaqee in possession, a person who for the time being is necessary or is entitled to receive, or has received, the rent premium for any land whether on his own account or an account of. or on behalf of, or tor the benefit of any other person or as an agent, trustee, guardian or receiver for any other person or for any religious or charitable institution, or who would so receive the rent or premium or any other consideration or to be entitled to receive the rent or premium if the iand were let to a tenant, and includes the Head of a Government Department, General Manager of a Railway, the Secreiary or other principal officer of a Local Authority, statutory authority of a company, i:n respect of properties under their respective control;

(30) "perspective pian," means a long term (twenty five years) plan providing the goals; policies, strategies and general prcqrarnrnes of spatlo-eoonornic development of the State of Sikkim or the development area, as the case may be;

(31) "plan" means a state perspective plan prepared by the Board under section 4 or a regional development plan of the regional planning area prepared by the Chief Town Planner under section 12 or a perspective plan or p, development plan or an annual plan of a development area prepared by the Development Authority under Chapter VI of t~is Act and includes their review and revision;

(32) "prescribed" means prescribed by rules made under this Act;

(33) "proiects and schemes" means plans conceived within the framework of approved perspec tlve plan. development plan or the annual plan of the development area containing detailed working layouts with all supporting infrastructure and documents including cost of development, sourcsol finance and recovery instru- ments for their execution;

•

(34) "promoter" includes an individual company or association or body of individu- als, whether incorporated or not, a co-operative society, a corporate body or an agency- national or. international to whom a licence is giv~n under section 76 to undertake development works within the framework of a plan or a deve!opment scheme duly approved under this Act;

(35) "private street" means any street, road, square, court, alley, passage or riding path which is not a public street but does not include a pathway made by the owner

of premises on his own land to secure.access to or for the convenient use of SUCh premises;

(36) "public place" means any place or building which is open to the use and enjoyment of the public, whether It is actually used o~enjoyed by the public or not, and whether the entry is regulated by any fees or not;1

(37) "public building" means any building to whtch the-public or any class or section of the public are granted access or any buildin'g, which is open to the public or any class or section of the public and includes any building-

(a) used as a school or college or a university or other educational institution, hostel, library, hospital, nursing horne, dispensary, clinic, maternity centre or any other like institution, club, lodging house, choultry, coree house, boarding house, or eating house;

(b) ordinarily used by the-

(i) Central or any State Government or any local authority or any body corporate, owned or controlled by the Central or any State Government; or (ij) public or any class or section of the public tor religious worship or for. religious congregation;

'e1¹

(38) "public open space" means any land, whether enclosed or not, belonging to the Centra! or 'any State Government or any local authority or anybody corporate. owned or controlled by the Central or any State Government, on which there is no building or of which not more than one- twentieth part ,is covered with buildings and the whole or remainder of which is used for purposes of recreation or as open space;

(39) "public street" means any street. road, square, lourt, alley, passage or iiding path over which the public have a right of way, whether a thcrouqh-tare or not, and includes the roadway over any public bridge orcauseway, the footway attached to any such street, public bridge or causeway and the drains attached to any such street, public bridge or causeway and land, whether covered or not by any pavement, varandah or other structure, which lies on either side of the roadway upto the boundaries of the adjacent property whether that property is private property or property belonging to the Central or State Government;

(40) "reiiwev" means a railway defined in the indian Railways Act,1890;

(41) "re-ettocetion of population" means in relation to an area of bad-layout or obsolete development or a slum area, the making available in that area or elsewhere, of accommodation, for residential purposes or for carrying on business and qt~~r actlvities, together with amenities, to persons living or carrying on business or otl1er activities in the said area who have to be so accommodated so that the said area may be properly planned;

, ..

(42) "regulation" means a regulation made under this Act by on Authority and includes zoning and also other regulations made as 8]part of a development plan;

(43) "residence" includes the use for human habitaition of any iand or building .or part thereof including ga.rdens, grounds, garag_9s, stabtes and out-houses, if any,

· ' appurtaining to such building and "residential" shal. be construed a,ccordirigly;

(44) "rule" means a rule made under this Act by the State Government;

(45) "scheme" means a development scheme and includes a plan or pians together with the descriptive matter, if any relating to such scheme;

(46) "slum area" means any predominantly residential area where the dwellings which by reason of dilapidation, over crowding, faulty arrangements or design, lack of ventilation, light or sanitary facilities or any combination of these factors, are detrimental to safety, health or morals of the inhabitants or others and which is defined by a development plan as slum area;

(47) "State" means the State of Sikkim;

(48) "to erect" in relation to any building includes ..

(a) any material alteration or enlargement of any building;

(b) the conversion by structural alteration of palce for human habitation of any building not originally constructed for human habitation;

(d) the conversion of two or more places of human habitation into a greater number of such places.

(e) such alterations of a buildings as affect an alteration of its drainage or sanitary arrangements or materially affect its security;

(f) the additon of any rooms, buildings, houses or other structures to any buildings; and

(g) the construction in a wall adjointin9 any street or land not belonging to the owner of the wall, of a door opening on to such street or land.

(49) "uneuthorlsed occupation" in relation to any premises means the occupation by any person of the premises belonging to the Authoriyt without any authority for such occupation and includes the continuance of this occupation by any person of the premises after the authority (whether by way of grant or any other mode of transfer under which he was allowed to occupy the premises) has expired or has been determined for any reasons whatsoever; .

(50) "urban local body" means a municipal corporation or a municipal council or a nagar panchayat constituted under the Sikkim Municipalities Act, 1995. Words and expressions used in this Act but not defined shall have the same meanings respectively assigned to them in the Sikkim Muncipalities Act, 1995; the Sikkim Allotment of House Sites and Construction of Building (Regulation and Control) Act, 1985 and the Sikkim Building Construction Regulation, 1991.

State Urban and .Regiona/ Planning

Board. Sii(~{!M~maAN ~.NDHEGiONAl PLAI\lNiNG BOARD

3. (I) As soon as may be, after the commencement of this Act. the Government shall, by notification in the Official Gazette, constitute and appoint for the purpose of carrying outths functions assignee! to it undarthls Act, the Sikkirn Urban and Regional Planning Board.

(2)

.. (;~) •••

(4)

(5)

(d}

(8)

(f)

(9)

(h) t),I (j) (\

(k) The Board shall consist of a Chairperson, Vice Chairperson and not more than twenty other members to be appointed by the Government. The Chairperson of the Board shall be the Chief Minister of the State . Th(7Vice-Chairperson of the Board shal' be the Minister- in-charge of Urabn Development and Housing Department.

The other members shah consist of thetollowlnq :-

(a) Chairperson ofthe State Planning Board or the Deputy Chairperson of the· State Planning Board in case ~he Chairperson is the Chief Minister;

(b) Chief Secretary of the State;

(c) Secretari.8s to the Government not exceeding eight in number in the departments dealing with Wrban Development and Housing, Agriculture, Industries, Plai~ning and Development, Education. Finance. Rural Development, Buildings, Public Health Engneering, Mines and Geology, Roads and Bridqes' and Tourism; Chairperson, State Finance ,Commission constituted under Article 24~3···1of the Constitution of India read with section 97 of the Sikkim Pancnayat Act, 1993; I

Secretary, Sikl

Chairperson, State Pollution~Control Board;

Principal Chief Oor.servatorot Forests and Wild Life; Secretary, Power;

Two members to be nominated by the Central Governrnentto repre- sent the Department/Ministers of that Government dealing with Defence. Public Works and Urban Development;

Two non-officials, who in the opinion of the Government, have special knowledg~} or practical experience of matters relating to town and country planninq, Mines and Geology, engineering, transport, indus- 1.fY, commerce', agriculture or economics; I

One member of the Sikl{irn Legislative Assembly to be nominated by the Govmnrnent.

{6} The Chk'lt Town Planner shall be the ex-officio Secretary to the Board. Functions end . 4. (1) Subject to the provisions of this Act and the rules framed thereunder. powers of the the functions of the Board shall be to advis~ the Government in matters relating to Board. poticyforrnulations for planning, developmentand implementation of State proqrarnmes and use of rural and urban land in the State, and to guide. direct, and assist the District Plarminq Ccmmlttee constituted under section 184 of the Sikkim Municipalities Act,

1995,

(2) In particular and without prejudice to the generality of the foregoing , r

Term of office and condi- tions olf ser- vice of the Members of the Board. Meetings of the Board. 1" v •••,,,vJI::i, me eoarc shall, with, the advice of the: Chief Town Planner of the State, formulate perspective plan within three years trornthe date of commencement of this Act, for achieving spatlo-ecororrac developrnent a'n'd social ju~tice. Such a pian shall contain policies 'and strategies regarding any or all of the following matters as may be considered necessary, namely :-

(a) Physicai and natural resource potentials and their utilization and fiscal resource mobilization;

(b) natural disaster prone areas; ,

(d) development of trade, commerce, and industries;

(e) agriculture and rural development;

(f'1I national and state level transportation network;

(g) infrastructure development; (h)urbanisation trends, urbanisation policy, settlement pattern of large and medium towns and their functional specialization;

(i) protection of environmentally and ecologically sensitive areas and conservation of national and state level heritage areas;

U) generalised land use;

(k) phasing of the plan in periods of five years coterminus with the State Five Year Plan; and

(I) any other particulars and details as may be prescribed or as may be directed by the Government.

(3) Annual review of the physical achievements of th~ investments made by the various Authorities and agencies for the last preceding year and submission of a report thereon to the Government.

(4) Advising the Government on resolving inter-district spatial development, resource utilisation and infrastructure development issues,

(5) Resolution of conflicts arising out of overlapping "functions between the District Planning Committees and the municipal bodies constituted under the Sikkim Municipalities Act,1995 and the Development authorities set up under this Act.

(6) Any other matter as may be prescribed or as may be directed by the Government.

5. (1) The term of office and conditions of service of the members of the Board shall be such as maybe prescribed and the non-official members shall be entitled to receive such allowances as may be fixed by the Government.

(2) The Government may, if it thinks fit, terminate the appointment of any non- official member of the Board at any time.

(3) A member of the Board appointed under clause (j) of sub-section (5) of section 3 may resign his membership of the Board by giving notice in writing to the Government and on such resignation being accepted by the Government. he shall cease to be a member of the Board.

(4) Any vacancy created under SUb-section (2) or (3) shall be filled by fresh appointment by the Government.

6. (1) The Board shall meet at such times and places, not less than twice in a calender year and shalf observe such procedure as may be prescribed in regard to the transaction of its business at such meetings,

(2) The Chairperson or in his absence the Vice-Chairperson or in the absence

State Chief Town Plan- ner and his functions. .;"

Office of the Chief Town Planner to function as technical sec- retariat forthe Board.

of both, any member chosen by the members present from amongst themselves shall preside at a meeting of the Board.

7. (1) Forthe purpose of advising the Government matters related to urban and regional planning and development and also to perform the functions specified in sub- section (2) of section 4, the Government shall appoint a person having educational qualifications as may be prescribed as the Chief Town Planner of the State, hereinafter called the Chief Town Planner.

(2) The Government shall provide the ChiefT own Planner such establishement .•••• consisting of such officers and staff as may be necessary.

(3) The pay and allowances of the Chief TownPlanner and his establishment shall be met out of the consolidated fund of the Government.

(4) The duties and functions of the Chief Town Planner shall-

(a) advise and render technical assistance to the Government pertaining to spatial planning and development and implementation of relevant state programmes;

(b) render technical assistance to the Board in the formulation of State urbanlsatlon policy and State perspective plan;

(c) render technical guidance and assistance to the District Planning Committees constituted under section 184 of the Sikkim Municipalities Act, 1995 in the preparation of draft development plans of the districts in the State;

(d) prepare a Regional Development Plan for the regional planning area and follow the necessary procedure for its approval and revision as laid down in Chapter III of this Act;

(e) scrutinize the various plans submitted to the Government and the Board for approval under this Act;

(f) ensure that the development plans prepared by the authorities are within the"framework of the approval perspective plan of the con- cerned area;

(g) prepare and publish plans, if so directed by the Government in the vent of default by a District Planning Committee or the Authority;

(h) render technical assistance and guidance to the authorities and other development agencies operating in the State; _

(i) provide or organise necessary research inputs and other studies either himself or through the help of consultants for formulation of policies, strategies, norms, standards, laws, rules, regulations and guidelines pertaining to urban and regional planning and develop- ment;

U) provide and promote manpower training facilities;

(k) establish an urban and regional planning information system anda network for dissemination of information among various development agencies; and

(i) perform any other function, as may be directed by the Government, from time to time.

8. The office of the Chief Town Planner shall also function as the technical secretariat of the Board and in order to enable him to perform the functions as detailed in sub-section (4) of section 7, the Government shall provide in consultation with the Board, such additional officers and staff to the Chief Town Planner as it may consider necessary.

Approval of State Per- spective plan.

9. (1) The State Perspective Pian, after approval by the Board, shall be for- warded to the Government.

(2) On receipt oJ the State Perspective Plan the Government may publish the salient features of such a plan in atleast two local newspapers circulating in the State of which one must be in the regional language, for information of the public specifying the place or places where a full copy of such may be inspected, invited objections, suggestions, modification, jf any.

(3) Any such objections, suggestions, modifications shall be examined and considered by a Committee to be constituted by the Government.

(4) The Government may, approve the perspective plan with or without the modifications proposed by the Committee within a period of 90 (ninety) days from the date of receipt of the State perspective pian by the State Government.

Review and 10. (1) At least once in ten years from the date of approval of the State Perspective revision of Plan by the Government under sub ..section (4) of section 9, the Board, with the State Per- assistance of the Chief Town Planner, shall review such plan and prepare a fresh spective Plan State Perspective Plan for a period of twenty-five years from the date of review after incorporating such modifications and amendments as may be necessary and submit the same for approval to the Government.

(2) The provisions of sections 4,7, and 9 shall mutatis mutandis apply to such perspective plan.

Declaration

of regional

planning

a.rea.

Preparation

of regional

development

plan.

CHAPTER - III

REGIONAL DEVELOPMENT PLANS

11. (1) The Government may, after consultation with the Board, by notification in the Official Gazette from time to time, declare any area in the State to be a regional planning area for the purpose of this Act.

(2) Every such notification published under sub-section (1) shall define the limits of the area to which it relates.

(3) The Government may, after consultation with the Board, amalgamate two or more regional planning areas into one such area or sub-divide a regional planning area into different such areas and constitute them as separate regional planning areas or include any such sub-divided areas in any other reqional planning area, as the case may be, and notify the same in the Official Gazette.

(4) The Government may, by notification in the Official Gazette, direct that any of the rules and orders made, regulations and directions issued and powers conferred under this Act and in force in any regional planning area with which or in which any other area is amalgamated or included, shalt apply to the area so amalgamated or included under this section to such extent and subject to such modifications, additions or restrictions, as may be specified in such notification.

12. (1) As soon as may be, after the declaration of the regionai planning area under section 11, the Chief town Planner shall, subject to such directions as may be issued by the Board and within such time as may be prescribed, after carrying out such surveys as may be necessary of the physical. social and economic conditions and potentialities of the area in respect of which a regional development plan is to be prepared, prepare a regional development pian for such area together with a report explaining the various aspects of the developments proposed in such plan.

Contents of a regional de- velopment plan.

Power of Government to require the Chief Town Planner to

(2) It shall be the duty of every Government Department and local authority to furnish as soon as may be possible. maps. reports and record as may be required by the Chief Town Planner in the preparation of the regional development plan.

13. (1) Subject to the provisions of this Act and any rules made thereunder, the regional development plan shall indicate the stages by which development may be carried out, the network of transport and communication lines, the proposals for conservation and development of natural resources and such other matters as may have an influence on the development of the concerned area.

(2) In particular and without prejudice to the generality of the foregoing provisions. a regional development plan may provide for all or any of the following matters, namely:-

(a) broad demarcation of areas for agriculture, forestry, industry, mineral development, urban and rural settlements and other activities;

(b) natural disaster prone area;

(c) the reservation of land for recreation, botanical and zoological gardens, natural reserves, animal sanctuaries. dairies and heaith resorts and for preservation, conservation and development of area of naturai scenery. forests, wild life, natural resources and landscaping;

(d) preservation of objects, features, structures or places of historical, natural, archeaeological or scientific interest and eductional value;

(e) prevention of erosion of soil. provision of land stability and slope linked controls, provision for afforestation. or re-afforestation. improvement and re-development of water front areas, rivers and lakes;

(f) transport and communications network such as roads, highways, railways, waterways, canais and airports including their future development;

(g) rural and urban centres, both existing and new, indicating the extent of their anticipated growth;

(h) proposals for irrigation, water supply, hydro-electirc works, flood control and prevention of water pollution and waste management;

(i) re-allocation of population or industry from over-populated and industrially congested area and indication the density of population or the concentra- tion of industry to be allowed in any areas.

(3) The regional development plan shall, in particular include:

(a) the existng land use map and the narrative report thereon;

(b) a narrative report supported by necessary map and charts explanning the provisions of the regional development plan:

(c) recommendations to the Government regarding the directions to be issued to the concerned local authorities and the different departments of the Government. if any, in respect of enforcement and implementation of the proposals contained in the regional development plan: and

(d) a report indicating the priorities assigned to works included in the regional development plan and the planning of the programme of development as such.

14. Notwithstanding anything contained in section 12, the Government may be notification require the Chief Town Plannerto prepare and submit to the Board before a fixed date, a regional development plan in respect of any area.

prepare a re- gional devel- opment plan for any area. Board to con- sider the re- gional devel- opment plan. Public notice of the regional development plan

15. The Chief Town Planner shall submit the regional developrnent plan prepared under section 12 to the Board for its consideration and may make such changes in the regional development plan as may be necessary in the light of the views expressed by the Board.

16. (1) The Chief Town Planner shall notify the regional development plan, as modified under section 15, iLl the Official Gazette, and also in one or more local newspapers, indicating therein the piace or places where copies of the same may be inspected and inviting comments in writing from the public on the regional develop- ment plan within such period as may be specified in such notification:

Provided that such period shall not be less than two months from the date on which the regional development plan is published in the Offica! Gazette.

(2) After the expiry of the period mentioned in sub-section (1), the Chief Town Planner shall submit the comments received from the public to the Board for its consideration.

(3) The Chief.Town Plannershall, if necessary, revise the regional development plan, in the light of any modifications suggested by the Board and submit them to the Government together with the comments received from the public on the regional development plan for approval.

Approval by 17. (1) The Government shall, within sixty days from the date of receipt, either the Govern- approve the regional development plan as submitted to it under section 16 or may ment. approve the regional development plan with such modifications as it may consider necessary, or may return the said pian to the Chief Town Planner with instructions either to modify the plan or to prepare a fresh regional development plan in ~ accordance with such directions as the Government may issue in this behalf. i (2) Where a fresh regional development plan is required to be prepared under sub-section (1), the provisions of sections 15 and 16 shall, mutatis mutandis apply to the preparation and approval of such plan.

Publication of 18. The Chief Town Planner shall notify the regional developmentry plan, as the regional approved by the Government in the Offical Gazette and also in one or more local development newspapers, indicating therein the place or places where copies of the same may be plan. inspected.

Effectofthe reo' 19. On and from the .date of publication of the regional development plan under gional devol- sectionJ8 for an area, all development programmes undertaken withln'that area by opment plan. any Department of the Government or by public and private institutions or by any other person shall conform to the provisions of such regional development plan. Revision of the 20. If the Government, at any time, after a regional development plan has been regionaldevef- published in the Offical Gazette under section 18, but at least once in five years opment plan. therefrom, is of the opinion that a revision of such regional development plan is necessary, it shal direct the Chief Town Planner to undertake the revision of the regional development plan and thereupon the foregoing provisions of this Act relating to the preparation and approval of the reqional deveopment plan shall, as far as may be, apply to the revision of a regionaldeve!oprnent. plan under this section.

Declaration of development area ancl constitution of Development Authority.

CHAPTER ~ IV DEVELPOPMENT AREAS AND DEVELOPMENT AUTHORITlES

AND THEIR OBJECTS

21. (1) Upon enforcement of this Act in any area or areas under sub-section (3) of section 1, the Government shall, for the purposes of proper development of such area or areas, by notiflcation, declare such area or areas to be a development area for the purposes of this Act and shall assign a name to such area.

(2) The Government may, by notification and in accordance with such rules as may be made in that behalf ..

(a) exclude from a development area any area comprised therein; or

(b) include in a development area any other area.

(3) As soon as may be, after the declaration of a development area under sub- section (1), the Government shall, by notification in the Official Gazette, constitute for the said development area a Development Authority, with effect from such date as may be specified therein.

(4) Every Authority so constituted shall be a body corporate by the name of the development area for which it is consltuted having a perpetual succession and a common seal with power to acquire, hold, manage and dispose of property, both movable and immovable, and shall by the said name sue and be sued.

(5) The Authority shall consist of the following members, namely:-

(a) The Chairman. who shall be appointed by the Government;

(b) The Vice-Chairman, who shall be an officer of the Government to be appointed by the Government and shall be the whole-time Chief Executive of the Authority; .

(d) a Finance and Accounts Member to be appointed by the Government;

(e) a Town Planning Member to be appointed by the Government;

(f) an Urban Designer or Architect Member to be appointed by the Government;

(g) Secretary,' Urban Development and Housing Department, Government of Sikkim or his representative, member ex-officio; and

(h) Chairman of urban local bodies comprised within the development area, members ex-officio.

(6) The Vice-Chairman shall be a whole-time member and any of tile members appointed under clause (c), (d), (e) and (f) of sub-section (5) may either be whole-time or part-time members.

(7) The Chairman, the Vice-Chairman and the whole time members shall be entitled to receive from tile funds of the Authority such salaries and allowances, if any, and governed by such conditions of service as may be prescribed by rules made in this behalf.

(8) The Chairman, Vice-Chairman and members appointed under clauses (c) to (f) of sub - section (5) shall hold office during the pleasure of the Government.

(9) Any member specified in clauses (c), (d), (9) and (f) of sub-section (5), if part time, and the members specified in clause (h) of that sub-section may be paid from the funds of the Authority such allowances, if any, as may be fixed by the Government in this behalf.

(10).A. member, other than an ex-officio member, may resign his office by writing under his hand addressed to the Government, but shall continue in office until his reslqnation is accepted by the Government. (1 i) No act or proceedings of the Authority shall be invalid by reason of any vacancy in, or defect in the constitution of the Authority.

Power to 22. withdraw a development area from operation of this Act. Appointment of local au- thority as de- velopment

authority. ' Functions and powers of develop- ment author- ity.

(12) The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of its business at its meetings (including quorum at meetings) as may be prescribed.

(1) The Government may, if it is of opinion that it is necessary so todo in the public interest, by notification, withdraw from the operation of the relevant provisions of this Act, the whole or a part of any development area declared thereunder.

(2) When a notification is issued under sub-section (1) in respect of any development area or part thereof-

(a) the relevant provisions of this Act and all rules, regulations, bye-laws, notifications, orders, directions and powers made, issued orconferred thereunder shall, cease to apply to tile said area or part and the Authority, if any, constituted, under this Act shall cease to have jurisdiction in respect of the said area or part, as the case may be, but where any Authority has been constituted exclusively for such area or part. such Authority shall, on the date of the notification, stand dissolved; .

(b) the Government shall, in consultation with the Board, and the local authority or authorities concerned, frame a Scheme determining the portion of the balance of the fund of the Authority concerned which shall vest in the Government and in the local authority or authorities concerned, and the manner in which the properties and liabilities of the Authority shall be apportioned between the Government and such local authority or authorities, and on the Scheme being notified in the Official Gazette, the fund, property and liabilities of the Authority shall vest and be apportioned accordingly.

23. (1) The Government may, in consultation with the Board, appoint any local authority as the development authority tor the area of that local authority and for such other contiguous or adjacent area or areas as the Government may declare as a development area under section 21.

(2) Where a local authority is appointed as a development authority under sub-section (i), the provisions of sections 21, 25 and 26 shall not apply, and the provisions of the Act by which such local authority is constituted shall continue to apply to it in respect of matters covered by the aforesaid sections.

(3) A local authority appointed as a development authority under section 23 shall, forthe purpose of performing the funtions of a development authority under this Act, constitute a Development Committee consisting of the following, namnely ;-

(a) A Chairman;

(b) a Town Planning Officer, who shall be the Member Secretary to the Committee; and

24. (1) Subject to the provisions of this Act and the rules framed thereunder and any directions which the Government may give, the functions of every development authority shall be to:- .

(a) prepare an exisitng land use map;

(b) prepare and enforce a perspective plan;

Staff of the Authority. Advisory Council.

(d) prepare and enforce an annual plan;

(e) prepare and enforce deveiopment schemes;

(f) set up special function agencies, if required and guide, direct and assist them on matters pertaining to their respective functions; and

(g) carry out or cause to be carried out execution of projects and schemes framed under the perspective plan, development plan or the annual plan and for these purposes, it may carry out or cause to be carried out, surveys of the development area and prepare report or reports of such surveys, and to perform such other functions, which are supplemental; incidental or consequential to any of the functions aforesaid or as may be prescribed.

25. (1) Subject to such control and restrictions as may be prescribed by rules, the Authority may appoint a Secretary and such number or other officers and employees (inciuding experts fortechnical work) as may be necessaryforthe efficient performance of its functions and may determine their designations and grades.

(2) H1e Secretary and other officers and employees of the Authority shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.

26. (1) The Government shall, as soon as may be after the constitution of the Authority, by notification. constitute an Advisory Council for the purpose of advising the Authority on the preparation of perspective plan. development plan, annual plan and development schemes and on such other matters relatinq to the planning of development, or arislnq out of, or in connection with, the administration of this Act as may be referred to it by the Authority.

(2) The Advisory Council shall consist of the following members, namely:-

(a) tile Vice-Chairman of tile Authority, ex-officio; who shall be the President;

(b) the members of the Authority referred to in clauses (g) and (h) of sub - section (5) of section 21 ex-officio;

(c) a member of the Sikkim Legislature, representing the whole or any part of U18 development area, to be nominated by the Government;

(d) members not exceeding three in number to be nominated by the Government who are elected members of tile District Planning Committee or the municipal bodies constituted under the Sikkim Municipalities Act, 1995 or the panchayats constituted under the Sikkim Panchayat Act. "1993 as may be considered necessary.

(e) members not exceeding four in number to be nominated by the Government who, in the opinion of the Government have special knowledge or practical experience of matters relating to industry, landscaping, mines and geology, economics; geography or environ- mental science.

(3) The Advisory Council shall meet twice in a year and shall have the powers to regulate its own procedure.

(4) The members of the Advisory Council, other than the ex otticio members shan hold office during the pleasure of the Government.

(5) The members of the Advisory Council excepting the members specified in clauses (e) and (d) of sub-section (2) may be paid such fees and aiiowances for attending its meetings. as may be determined by regulations

made in this behalf. Constititions 27. (1) The Authority may constitute as many committees consisting wholly of of Commit- members or wholly of other persons or partly of members and partly of other persons tees. and for such purposes as it may think fit.

(2) A Committee constituted under this section shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by regulations made in this behalf.

(3) The members of a Committee (other than those who are members of the Authority) shall be paid such fees and allowances for attending its meeting and for attending to any other work of the Authority, as may be determined by regulations made in this behalf.

Objects of the 28. The objects of the Authority shall be to promote and secure the development Authority. of all or any of the areas comprised in the development area concerned according to plan and forthat purpose the Authority shall have powerto acquire. hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with supply of water and electricity, disposal of sewage, and other services and amenities and generally to do anything (including controlling development and co-ordinating developmental programmes of related agencies)necessary or expedient for purposes of such development and for purposes incidental thereto:

Provided that save as provided in this Act. nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force.

Authority to 29. The Authority while carrying out its functions, shall operate on general business acton general principles.

business prin-

ciples.

~. CHAPTER ~V

PREPARATION OF EXISTING LAND USE MAP AND REGISTER

Preparation of

Existing Land

Use Map and

Register.

30. The Chief Town Planner and the Authority shall, not later than six months after the declaration of the regional planning area under section 11 and the develop- ment area under section 21 respectively or within such time as the Government may from time to time, extend, but not later than one year, prepare an Existing Land Use Map and a Land Use Register in the prescribed form indicating the present use of every piece of land in the regional planning area or the development area, as the case may be:

Provided that if a local authority has been appointed as the development authority for any development area and such local authority has prepared a Map or a Register, or both, in respect of the said area before the application of this Act to that area, the Map or the Register so prepared shall be deemed to be a Map or Register under this section.

Notice of the 31. (1) After the preparation of the Map and Register under section 30, the Chief preparation of Town Planner in the case of the regional planning area and the Authority in the case the Map and of the development area shall publish a public notice stating that such Map and the Register. Register has been prepared, and indicating therein the place or places where copies

Power of the. Government in case of default of Chief Town Planner or Authority to prepare the, Map and

Register. Preparation of perspec- tive plan of development area and its contents. of the Map or Register, or both may be inspected, and inviting objections In WrllIIly from any person witr respect to the Map and the Register within thirty days of the publication of such notice. ' .

(2) After theexpiry of the period mentioned in sub-section (1), an officer designated by ths Chief Town Planner or the Authority or a Committee appointed by the Chief Town Planner or the Authority for the purpose, as tile case may be, shall, after allowing a reasonable opportunity of being heard to all the persons who have filed -the objections, make a report to the Chief Town Planner or the Authority, as the case may be.

(3) The Chief Town Planner or the Authority, as the case may be, shalf consider the report made under sub-section (2) and may make such modifications in the Map or Register or both as may be considered proper and adopt the Map and the Register:

Provided that the adoption of the Map and the Register by the Authority shall be by a Resolution.

(4) As soon as may be, after the adoption of the Map and the Register under sub-section (3), the Chief Town Planner or the Authority, as the cse may be, shall publish a public notice of the adoption of the Map and the Register and of the place or places where copies of the same may be inspected and shall submit copies of the Map and the Register to the Board and the Government.

(5) A copy of 'the public notice referred to in sub-section (4) shall also be published in the Official Gazette and such publication shall be conclusive evidence that the Map and Register have been duly prepared and adopted. . .

32. (1) Where by virtue of the foregoing provisions of this Act, a Map and a Register are to be prepared then -

(a) if within the period specified in section 30 or within such. period as the Government may extend, no Map or Register has been prepared; or

(b) if at any time the Government is satisfied that the Chief Town Planner or the Authority are not taking steps necessary to prepare such a Map and Register within that period, the Government may direct the Board in the case of the Chief Town Planner and the Chief Town Planner in the case of the Authority to prepare the Map and the Register.

(2) The Board and the Chief Town Planner shall, after the preparation of the Map and the Register, submit the same to the Government and the Board respec- tively, and the Government and the Board shall, for the purpose of adopting the Map and Register so prepared, follow the procedure and exercise the powers of the Chief Town Planner and the Authority specified in section 31 of this Act.

(3) Any expenses incurred under this section in connection with the prepara- tion and publicatfon of a Map and Register in respect of a regional planning area or a development area shall be met by tile Chief Town Planner or the concerned Authority, as the case may be.

CHAPTER .' VI

PREPARATION OF PLANS AND tHEIR APPROVAL

33. (1) As soon as may be, after the declaration of the development area under section 21 of It-lis Act, the Authority shall, within one year after such declaration, prepare in consultation with the local authorities concerned, a twenty to twenty five years perspective pian of the development area including such contiguous areas thereto, as may be considered necessary or as tile Government may direct to be include, after reviewing the implementation of such plan, if any, prepared earlier.

(2) The perspective plan prepared under sub-section (1) shall incorporate.

Existing plan to be

deemed as perspective plan.

Power of Government in cass of de faultot de- velopment

authority to prepare the Plan.

socic-econcrnlc and developmental issues, goals, objectives, potentials, policies, strategies, and priorities pertaining to the following" as far as may be relevant -

(a) Physical characteristics and natural resources:

(b) Demography;

(d) Economic development in primary, secondary and tertiary sectors as may be applicable; ,

(e) Poverty alleviation and employment generation in formal and informal sectors;

(f) Housing and shelter development; ,

(g) Transportation network including inter::jt:y and intra city mass transporta- tion system and its interface with locaticn of major activity nodes and land use pattern;

(h) Integrated infrastructure development covering -

(i) water harvesting and its utilisation;

(ii) energy;

(iii) drainage;

(iv) sanitation;

(v) refuse disposal;

(vi) education;

(vii) health;

(viii) recreation; (ix)' communication; and

(x) other utilities and services such as pr:):~G\3protection, fire protection, etc.,

(i) Protection of environmentally sensitive ereas and conservation of heritage;' .

U) Provision of land stability and slope link~d controls;

(k) Spatial development indicating direction of growth of settlement and its components such as residential, commercial, and industrial areas, open spaces, roads, ete; .

(I) Renewal and upgradation of old or dilapidated areas and slums;

(m) fiscal resource mobilisation;

(n) Implementation mechanism and process;

(0) Phasing of the plan. in periods of five years preferably co-terminus with the State five year plans; and

(p) Any other particulars and details as may be considered necessary by the Authority.

34. If prior to the commencement of this Act, any Master Plan or Development Plan for the development area has been prepared under any other law, such master plan or development plan shall be deemed to be a perspective plan of the area prepared under this Act.

35. (1) Where by virtue of the provisions of this Act, a plan is to be prepared;

(a) If within the period prescribed, no plan has been prepared, or

(b) If at any time the Government is satisfied that the Authority is not taking steps necessary to prepare such a plan within that period, the Government may direct the Chief Town Planner to prepare the plan and recover the cost thereof from the Authority concerned out of its funds.

(2) After the preparation of the Plan, the Chief Town Planner shall submit the Plan to the Board and the Board shall follow the procedure and exercise the powers

. ,

Preparation. of develop- ment plan of development area and its contents. of the Authority under section 37 and 38. 36.(1) Every Authority shall, not later than eighteen months from the date of declaration of the development area under section 21, prepare a development plan within the framework of the approved perspective plan covering the whole or part of the development area, as may be necessary, for a period of five years.

(2) Notwithstanding anything contained contrary to sub-section (1) in case no approved perspective plan exists, the Authority shall take into account the provisions of the perspective plan under preparation according to the provlslons.ot sub-section (1) of section 33, and prepare the .development plan within three years from the date of declaration of the development area under section 21.

(3) A development plan shall generally indicate the manner in which the use of land in the development area covered by such plan shall be regulated and also indicate the manner in which the deveiopment therein shall be carried out. In particular it shall, provide, so far as may be necessary, for all or any of the following -

(a) analysis of dynamics of development which may include analysis of history of development, present status and trend of development, location, site and situation, regionai context, hinterland, its attributes and accessi- bility, physiographic: and demographic characteristics; city influence area arid its characteristics including settlement pattern, rural-urban relation- ship and fringe area developments;

(b) current issues and prospects regarding;

(i) economic base a.nd employment in trade, commerce and industries in . both formal and informal sectors;

(ii) hierarchy of commercial areas, dispersal of commercial activities and related issues;

(ii) dispersal of industries or restriction on specific type of industries consid- ering the pollution level and environmental sustainability ;

(iv) urban poverty and alleviation;

(v) housing including informal sector housing, resettlement strategy and slum upgradation ;

(vi) educational facilities including specialised education and research cen- tres, health facilities including specialised hospitals, cultural and religious facilities;

(vii) public and semi-public offices;

(viii) system of open spaces, play fields and recreation areas; conservation areas; ecological and environmentally sensitive areas and public gather- ing grounds;

(lx) transportation covering; road, railway, pedestrain-path networks and related activity centres, parking and terminal facilities; mass transporta- tion system and its intergration with activity nodes and land use pattern and airport; J

(x) utilities and services such as water supply, drainage, sewerage, solid waste management, energy, communication, police, fire protection, cre- mation and burial grounds;

(d) space requirement for various activities;

(e) economic and spatial development goals and objectives;

(f) development proposals which may include;

(i) concept of hierarchy of planning units and distribution of various activity nodes, facility centres, etc.

(ii) mass transportation system and land use interface, transport and commu-

nication tacllities such as hierarchy and network of roads, highways, parkways, railways, waterways, canals and airport including their exten- sion, development and co-ordination;

,(Hi) proposals for designing the use of land for residential development including informal sector housing and slum upgra.dation; commercial, industrial, agicultural and recreational use,

(lv) proposals for reservation of land for community facilities and services; public purposes such as schools, colleges and other educational institu- tions, medica: and public health institutions, markets, social welfare and cultural institutions, theatres and places for public entertainment, public assembly museums, art galleries, religious builclings, parks, gardens and play "~lrounds, stadia, sites and services schemes, slum u pgradatlon schemes, housing accommodatlon for socially and economically back- ward-classes of people; parking and terminal facilities such as inter - city and intra - city bus and truck terminus, dairies, areas for open spaces, zoological gardens. natural reserves and sanctuaries; burial grounds, cremation grounds including electric: crematorium; slauqhter houses, tanneries and for such other purposes as may, from lime to time, be considered necesary ;

(v) proposals for water SUpply, drainage, sewage and solid waste disposal, other public utilities, amenities and services inciuding supply of electricity and gas and provision for telephones and postal services;

(vi) public and serni-pubhc offices; '.

(vii) renewal and redevelopment areas;

(viii) protection of environment, prevention of air and water pollution, promotion of ecologicai aspects, preservation, conservanon and development of areas of natural scenery anq landscape, urban forestry;

(ix) preservation of features; structures, places of historical, architectural and scientific Interest and educational value; .

(x) proposals for flood control, land stability and sloped linked controls;

(xi) proposals for preservatlon of land for public purpose by the central, State and IOGalgoverm:nent or any other authority or body established by or under any law for the time being in force; .

(xii) the filling up or reclarnatlon 01'low lying, swampy or unhealthy areas or levelling Lip of land;

(xiii) proposals for preparation of development schemes pertaining to tourism, environmental conservation, heritage, sites for reciamatlon, highway corridor development and tile iike; and

(xiv) such other proposals for public purposes as may, from time to time, be approved by tile Authority or as may be directed by the Government in. this behalf;

(9) implement.ation rnechanlsrn which shall include -

(i) phasing of proposals contained in the development pian depending upon the priorities determined;

(ii) identification ot sector-wise schemes and projects to be implemented by Central or State Government, authority, corporate bodies, co-operative and private sector ;

(lii) development promotion regulations for promoting and regulating the use and development. of land including imposition of condiltons and restrlc- tlons in regard to the open spaces to be maintained tor the buildings, the. Floor Ratio or the Floor Space index, the locanon, number, size, h£~ight, number of storeys and character of buildings and density of built-up area

Approval of perspective plan of devel- opment area.

. ., . :

allowed in specified area, tile use and purposes to which the building of specified areas of land mayor may not be appropriated, the sub-dlvlslon of plots, the discontinuance, of objectionable uses of land in any area in reasonable periods, pa.rkinr.Jspaces,loa(jing and l!nlOading space for any building and the size of any projections and advertisement signs and hoarding and other matters as may be considered necessary for carrying out the purposes of. this Act; ". .'

(IV) Fiscal requirements and resource mobilisation proposals;

(h) monitoring and rsvlew mechanism, ~~7. (I) As soon as may be, but riot later than thirty days of the preparation of the perspective plan of a development area, the concerned Authority sball accord its consent to the contents of the perspective plan and. forward it to the Chief Town Planner and tile District Planning Committee if constituted under section 184 of the Sikkim Municipalities Act, 1995, "forconcurrence, .

(2) The ChiefT(lwn Planner and the District Planning Committee respecively, within thirty days from the date of receipt of the perspective plan forwarded to it under sub-section (I) shall examine it in the light of the State perspective plan and thi:! regional development plan and the District Planning Committee in tile light of the draft development plan, if any, of the district concerned and communicate in writing tnelr concurrence to the StatE~perspective plan and the regional develpment plan and the dratt development plan of the district, as the case may be, with or without specific modifications,

(;3) On receipt or the concurrence under sub-section (2), the Authority shall, not later than thirty days, modify ltnecessary, the perspective plan In the light of the speclnc modifications obtained in tne concurrence letter of the Chilat Town Planner or the District Planning Committee, as the case may be, and resubmhthemoditied plan to the Chief Town Planner, or tile concerned District Planning Committee, as the case may be.

(4) The Chief Town Planner or the District Pianning Committee, as the case may be, shall further examine the modified perspective plan,in the light of the specific modincatlons, suggested by it under sub ..section (2) and communicate in writing within thirty days from the date. of resubrnlssion of the plan under sub-section (3) its concurrence with or without further modifications.

(5) If the concurrence of 1118Chief Town Planner or the District Planning. Committe0 is not received within the time allowed under sub-section (2) or sub- section (4), the concurrence shall be deemed to have been given by the Chief Town Planner 0/', as the case may be, the District Planning Committee.

(6) As soon as may be, but not later than thirty days from the date of receipt of tho concurrence from the Chief Town Planner and the District Planning Committee, and after rno{iifying tne perspective plan, if necessary, the Authority shall publish a notice in atleast one local newpaper of the preparation of the perspective plan inviting objections and suggestions from the public within thirty days from the date of publication of the notice in the newspaper. TM notie shall state the name of the place or places where a copy thereof or extracts therefrom certified to be correct shall be available for sale to tr16 public at a reasonable price.

{7') The Authority shall, wtthin a period of sixty days of the date of expiry of notice under sub ..section (6), consider all the objections received within the time allowed under sub-section (6) and after making such enquiry as itmay consider necessary and after giving reasonable opportunity of being heard to those persons who have made a request in writing for being so heard, modify, if necessary, the perspective pian and

Approval of development plan.

..:.. ,

submit it together with the objections and suggestions received under sub-section (6) to the Government and also to the Chief Town Planner for approval.

(8) The Government shall in consultatlonwith the Chief Town Planner, approve the perspective plan with or without modifications within sixty days of its receipt.

(9) The Authority shall publish a notice in the Official Gazette and one iocal newspaper of the approval of the perspective pian, stating the name of the place where a copy thereof shall be available for inspection by the public and that copies thereof or extracts therefrom certified to be correct shall be available for sale to public at a reasonable price.

(10) The perspective plan shall come into force from the date of pubiication of notice of approval of the perspective plan in the Official Gazette under sub-section

(9).

(11) The provisions relating to the District Planning Committee as referred to in this section shall take effect only when the District Planning Committees are constituted under section 184 of the Sikkim Municipalities Act, 1995.

38. (1) As soon as may be , but not latertnan thirty days of the preparation of the development plan of a development area, the Authority shall accord its consent to the development plan, and forward it to the Chief Town Planner and the District Planning Committee if constituted for concurrence. '

(2) The Chief Town Planner and the District Planning Committee, shall thirty days from the date of the receipt of the development plan forwarded to it under sub- section (1), examine it in the light of the perspective plan approved or under the process of approval under section 37 and communicate their concurrence in writing to the development plan being within the framework of perspective plan or suggest specific modifications if any, to bring it in conformity with the perspective plan.

(3) The Authority shall modify, if necessary, within thirty days, the development plan in the light of the specific modifications suggested in the concurrence letter of the Chief Town Planner or the concerned District Planning Committee and resubmit it to the Chief Town Planner or the concerned District Planning Committee, as the case may be.

(4) The Chief Town Planner or the District Planning Committee, shall further examine the development plan, in the light of specific modifications suggested by it under SUb-section (2) and commnicate within thirty days from the date of resubmission of the plan, under sub-section (3), its concurrence in writing with or without further specific modifications.

(5) In case there are further specific modifications suggested in the concur- rence letter received under sub-section (4), the Authority shall take necessary action to modify the development plan and resubmit. within thirty days, the modified plan for concurrence of the Chief Town Planner or the District Planning Committee, but the part in respect to which no specific modifications has been suggested shall deemed to have been concurred with and the Authority shall proceed further for getting approval as provided under sub-section (7) of that part of the development plan in respect of whch no modifications are required under sub-sectjon (4).

(6) If the concurrence of the Chief Town Planner or the District Planning Committee is not received within the time allowed under sub-section (2) or (4) as the case may be, within thirty days from the date of resubmission under sub-section (5) as the case may be, the concurrence shall be deemed to have been given by the Chief Town Planner or, as the case may be, the District Planning Committee.

. (7) As soon as may be, but not later than thirty days from the date of receipt of the concurrence letter from the Chief Town Planner the District Planning Committee, as the case may be, under SUb-sections (2), (4) and (5) or deemed concurrence as

Review, revi- sion and

preparation of fresh per- spective plan of the devel- opment area. Review, revi- sion and

preparation of fresh de- velopment plan of the development area.

stipulated under sub-section (6), as the case may be, the Authority shall publish a notice in at least one local newspaper of the preparation of the development plan, inviting objections and suggestions from the public within thirty days from the date of publication of the notice in the newspaper. The notice shall state the name of the place or places where a copy thereof shall be available for inspection by the public and that copies therof or extracts therefrom,certified to be correct, shall be available for sale to the public at reasonable price.

(8) The Authority shall, within a period of sixty days of the date of expiry of notice under sub-section (7), consider all objections and suggestions received within the time allowed under sub-section (7) and after making such enquiry as it may consider necessary and after giving reasonable opportunity of being heard to those persons who have made request in writing for being so heard, modify, if necessary, the development plan and submit to the Government for approval.

(9) As soon as may be, after the receipt of the develornent plan, but not later than two months, the Government after consulting the Chief Town Planner, may either approve the development plan or may approve it with such modifications as it may consider necessary or may return the development plan to the Authority to modify the plan or to prepare a fresh plan in accordance with such directions as the Government may issue in this behalf.

(10) Immediately after the development plan has been approved by the Government, the Authority shall publish a notice in Official Gazette and in at least one local newspaper of the approval of the development plan, stating the name of the place or places where a copy thereof shall be available for inspection by the public and that copies thereof or extracts therefrom certified to be correct shall be available for sale to public at a reasoable price.

(11) The developrnent plan shall come into force from the date of publication of notice in the Official Gazette under sub-section (10).

(12) The provisions relating to District Planning Committees shall take effect only when the District Planning Committees are constituted under section 184 of the Sikkini Municipalities Act, 1995.

39. ("I) Immediately after the expiry of ten years from the date of approval of the perspective plan of the development area under section 37. the Authority shall review such. plan and prepare a fresh perspective plan for a period of twenty to twenty five years from U1edate of review after incorporating such modifications and amendments .as may be considered necessary and submit it for 'approval:

Provided that the time period taken for the review and preparation of fresh perspective plan shall not exceed two years.

(2) The provisions of sections 33 and 37 shall, mutatis mutandis, apply to the preparation and approval of such a fresh perspective pian. 40 (1) Immediately after the expiry of three years from the date of approval of the development plan of the developrnent area under section 38, the Authority shall review such plan and prepare a fresh development plan for five years commencing from the date of expiry of such a plan in force after incorporating such modifications and amendments as may be considered necessary and submit it for approvai:

Provided that the time period taken for the review and preparation of fresh development plan shall not exceed eighteen months.

(2) The provisions of section 34 and section 38 shall, mutatis mutandis, apply to the preparation and approval of such a fresh development plan.

23.

Provisions of development plan to pre- vail.

Modifications inperspective plan or devel- opment plan of develop- ment area. Use and de- velopment of land to be in conformity with the de- velopment plan,ordevel- opment

scheme.

Prohibition of development.

41. If any provision of an approved development plan of a development area is at variance with the provisions of the approved perspective plan of the same area, the . provision contained in the approved development plan shall prevail.

42. (1) Notwithstanding anything contained in sections 39 and 40, the perspective plan or development plan of a development area may be modified any time and for this purpose, the Authority shall publish a draft of the proposed modifications by a notice in at least one local newspaper inviting objections and suggestions from the public within thirty days from tile date of aforesaid publication of the notice, and atter giving an opportunity of being heard to such persons who have made request for being heard and after considering the objections and suggestions finalise the modifications in the plan and submit it to -

(a) the Board in the case of modifications in a perspective plan; or

(b) the Government in case of modifications in the development plan.

(2) The Board or the Government, as the case may be, approve the modifica- tions with or without variations or refuse to approve the modification by a notification, in the Official.Gazette and in at least one local newspaper:

Provided that no modifications shall be proposed or approved unless they are:

(a) of emergent nature; or

(b) of minor nature in the interest of implementation which do not materially affect the structure of the plan; and

CONTROL OF DEVELOPMENT AND USE OF LAND

43. After the coming into operation of any development plan or a development Scheme in' an area, no person shall use or permit any other person to use any land or carry out any development in that area otherwise than in conformity with such a development plan or a development scheme:

Provided that the Authority may allow on application, the continuance, for a period not exceeding ten years, upon such terms and conditions as may be prescribed by the regulations made in this behalf, of any iand for the purpose and to the extent, for and to which it is being used on the date on which such a plan or Scheme came into operation.

44. (1) After the enforcement of this Act and subject to the provisions of this Act, no development, or institution, or change of use of any land shall be undertaken or carried out in that area :-

(a) without obtaining a certificate from the Authority certifying that the develament charges as leviable under this Act have been paid or that no such development charges are leviable; and

(b) without obtaining the.permlsslon in writing as provided for hereinafter:

Provided that no such permission shall be necessary -

(i) for carrying out such works for the rnaintenance.. improvement or other alteration of any building, wrucn affects only the interior of building or which do not materially affect the external appearance of the building; .

(ii) for crrying out by the Central or the State Government or any local authority of any works required tor the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road

Permission for develop- ment.

or public street;

(iii) for carrying out by the Central orthe State Government or any local authority of anyworks for the purpose of inspecting, repairing or renewing any drains, sewers, mains pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;

(iv) for the excavation (including wells) made in the ordinary course of agricultural operations;

(v) for the construction of unmetalled road intended to give access to land solely for agricultural purposes;

(vi) for normal use of land which has been used temporarily for other purposes;

(vii) in case of land, normally used for one purpose and occasionally used for any other purpose for the use of land for that other purpose on occasions;

(viii) for use, for any purpose incidental to the use of a building for human habitation, or any other building or iand attached to such building. .

45. (1) Any person or body intending to carryout any development on any land shall make an application in writing to the Authority for permission in such form containing such particulars and accompained by such documents, fee and plans as may be prescribed by the rules and regulations;

(2) On such application having been duly made, and on payment of the development charges as may be assessed under Chapter X of this Act,

(a) the Authority may pass an order:

(i) granting permission unconditionally; or

(ii) granting permission suhject to such conditions as it may consider fit, or

(iii) refusing permission;

(b) without prejudice to the generality of the foregoing clause, the Authority may impose conditions:

(i) to the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued;

(ii) for regulating the develoment or use of any other land under the control of the applicant or for the carrying out of works on any such land as may appear to the Authority to be expedient for the purpose of the permitted development.

(3) The Authority in dealing with the applications for permission shall have regard to:

(a) the provisions of the development plan or development scheme in force or under preparation; or

(b) any other material consideration.

(4) When permission is granted subject to conditions or is refused, the grounds of imposing such conditions or such refusal shall be recorded in the order.

(5) Any such order shall be communicated to the applicant in the manner prescribed by regulations.

(6) in the case of a department of Central or State Government or local authority intending to carry out any development other than operational constructions on any land, the concerned department or local authority, as the case may be, shall notify in writing to the Authority, of its intention to do so, giving full particulars thereof and accompanied by such documents and plans as may be prescribed by the Government from time to time, at least thirty days prior to the undertaking of such devlopment; where the Authority has raised any objection pertaining to the proposals received

Appeal against re- fusal or con- ditional grant of permis- sion.

Lapse of per- mission.

Obligation to 48. acquire land on refusal of or on grant of permission in certain

cases. under sub-section (2) in respect of the conformity of the proposed development either to any matter in sub-section(3) or to any of the building bye-laws in force at the time, the department or the local authority, as the case may be, shall :-

(a) either make necessary modifications in the proposals for development to meet the objections raised by the Authority, or

(b) submit the proposals for development together with the objections raised by the Authority to the Government for decision. When propos- als and objections have been submitted; no development shall be undertaken until the Government has finally decided on that matter.

(7) The Government on receipt of the proposals for development together with the objections of the Authority shall, inconsultation with the Chief Town Planner either approve the proposals with or without modifications or direct the concerned depart- ment or local authority, as the case may be, to make such modifications in the proposals as they consider necessary in the circumstances.

(8) The "Operational Constructions" of the departments of the Central or State Government or local authority, as may be notified by the Government from time to time, shall be exempted from the purview of the Authority.

46. (1)Any applicant aggrieved by an order passed under sub-section (2) of section 45 may appeal, within one month of the communication of that order or if no order is passed, after the expiry of the period of three months from the date of submitting the application for permission, to the Government or an officer appointed by the Government, in this behalf in the manner and accompanied by such fees as may be prescribed.

(2) The appellate authority, after receiving the appeai and after giving reason- able opportunity to the applellant and the concerned Authority to be heard, may pass an order dismissing the appeal or allowing the appeal by:-

(a) granting permission unconditionally; or

(b) granting permission subject to such conditions as it may think fit: or

(c) removing the conditions subject to which permission has been granted and imposing other conditions, if any, as it may consider fit -,

47. Every permission for any development granted under this Act shall remain in force for a period of three years only from the date of such permission:

Provided that the Authority may, on application made in this behalf before the expiry of the aforesaid period, extend such period, for such time as it may consider proper; .but such extended period shall in no case exceed one year:

Provided further that such lapse shall not be a bar for any subsequent application fot fresh permission under this Act.

(1) Where :-

(a) any land is desiqnated by a plan as subject to compulsory acquisition; or

(b) any land is allotted by a plan for the purpose of any functions of a Government or a local authority or a statutory body, or land is designated in such plan as a site proposed to be developed for the purposes of any functions of any such Government, authority or body; or

(d) any land for the development of which permission is refused or is granted subject to conditions, and any owner of land referred to in clauses (a), (b), (c) or (d) claims :-

r, ' Power of re- vocation or modification ot permission to develop.

(i) that the land has become incapable of reasonably beneficial use in its existing state; or

(ii) where planning permission is given subjectto conditions that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with the conditions; or

(c) the owner of the land because of its designation or allocation in any plan calims that he is unable to sell. it except at a lower price than that at which he might have reasonably expected to sell if it were not so .designated or allocated; The owner or person affected may serve on the Government within such time and in such manner, as may be prescribed by regulations, a notice (hereinafter referred to as "the purchase notice") requiring the appropriate authority to purchase his interest in the land in accordance with the provisions of this Act.

(2) The purchase notice shall be accompanied by a copy of an application made by the applicant to the Authority, and of an order or decision of that Authority and of the Government, if any, in respect of which the notice is given.

(3) On receipt of a purchase notice, the Government shall. forthwith, call from the Authority such report or records or both, as may be necessary, which those authorities shall forward to Jhe Government as soon as possible but later than thirty days from the date of their requisition.

(4) On receiving such reports or records, if the Government is satisfied that the conditions specified in SUb-section (1) are fulfilled and that the order or decision for permission was not duly made on the ground that the applicant did not comply with any of the provisions of this Act or rules or regulations, it may confirm the purchase notice, or direct that planning permission be granted without condition or subject to such conditions as will make the land capable of reasonably beneficial use. in any other case, it may refuse to confirm the purchase notice, but in that case, it shall give the applicant a reasonable opportunity of being heard.

(5) Ifwithin a period of six months from the date from which the purchase notice is served, the Government does not pass any final order thereon, the notice shall be deemed to have been confirmed at the expiration of that period.

. (6) Ifwithin one year from the date of confirmation of the notice, the appropriate authority fails to make an application to acquire the land in respect of which the purchase notice has been confirmed, the reservation, deslqnation, allotment, indica- tion or restriction on development of the land shall be deemed to have lapsed; and thereupon the land shall be deemed to be released from the reservation, desiqnation or. as the case may be, allotment, indication or restriction and shall become available to the owner for the purpose of development otherwise permiSSible in the case of adjacent lands under the relevant plan. .

49. (1) If it appears to the Authority that it is expedient, having regard to develop- ment plan prepared or under preparation and to any other material consideration that any permission to develop land granted under this Act or any other law should be revoked or modified. the Authority after giving the person concerned an opportunity of being heard against such revocation or modification, may, by an order, revoke or modify the permission to such extent as appears to it to be necessary:

Provided that-

(a) where the permission relates to the carrying out of building or other operations, no such order :-

(i) shall affect such of the operations as have been previously carried out;

(ii) shall be passed after these operations have substantially progressed or have been completed;

. (b) where perrnisslon relates to a use of land, no such order shall be

Penalty for unauthorised development orfor use oth- erwise than in conformity with the de- velopment plan or de- velopment scheme. Power to re- quire re- moval Of unauthorised o e v e t o o- ment.

passed at any time after the change has taken place.

(2) When a permission is revoked or modified by an order made under sub- section (1). if the owner claims from the Authority within the time and in the manner prescribed. compensation for the expenditure incurred in carrying out the works after the grant of permission and in accordance with such permission, which has been rendered abortive by the revocation or modification, the Authority shall, after giving the owner reasonable apportunity of being heard by an officer appointed by it in this behalf, and after considering the officer's report assess and offer such compensation to the owner as it thinks fit.

(3) If the owner does not accept compensation. and gives notice, within such time as may be prescribed. of his refusal to accept, the Authority shall refer the matter forthe adjudication of the Court and the decision of the Court shall be final and binding on the owner and Authority.

. ..,

50 (1) Any person who. whether at his own instance or at the instance of any other person or anybody commences, undertakes or carries out development. institutes, or changes use of any land or building: -

(a) in contravention of any development plan or development scheme;

(b) without obtaining a certificate regarding development charges under clause (a) of SUb-section (1) of section 44;

(d) in contravention of any condition subject to which such permission has been granted:

(e) after the permission for development has been revoked under section 49;6r

(f) in contravention of the permission which has been modified under section 49;

shall. on conviction be punishable with simple imprisonment for a term which may extend to three years. or with a fine whcih may extend to ten thousand rupees orwith both and in the case of a continuing offence with a further fine which may extend to five hundred rupees for each day during which the offence continues after conviction for the first commission of the offence .

.(2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of the deveiopmentpian or development scheme without having been allowed under section 43 or where the continuance of such use has been allowed under that section. continues such has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall be punishable witn a further fine which may 'extend to five hundred rupees for each day during which such offence continues after conviction for the first commission of the offence.

51. (1) Where any development of land has been or is being carried out as described in section 50, the Authority, shall serve on the owner a notice requiring him. within such period, not exceeding one month, as may be specified therein, after the service of the notice. to take such steps as may be specified in the notice,

(a) in cases specified in ciauses (a), (c) or (e) of sub-section (1) of section 50 to restore the iand to its condition before the said development takes place:

(b) in cases specified in clause (d) or (f) of SUb-section (1) of section 50 to secure compliance with the conditions or with the permission as modified:

Power to stop unauthorised development. the development charges and such penalty, if any, as may be pre- scribed;

(2) In particular, any such notice may, for the purpose of sub-section (1) require:-

(a) the demolition or alternation of any building or works;

(b) the carrying out on land, of any building or other operations;or

Provided that in case the notice required the discontinuance of use of any land. the Authority shall serve a notice on the occupier also.

(3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner prescribed :-

(a) apply for permission under section 45 of this Act for the retention on the land or any buildings or works or for the continuance of any use of the land, to which the notice relates; or

(b) appeal to such authority and in such manner as may be prescribed.

(4) (a) The notice shall be of no effect pending the final determination or withdrawal of the application or the appeal,

(b) (i) The provisions of the foregoing sections 45,46 and 47 shall apply to such application with such modifications as may be necessary.

(ii) If such permission as aforesaid is granted on that application, the notice 'shall not take effect, or if such permission is granted for the retention only of some buildings or works or for the continuance of use of only a part of the land, the notice shall not take effect regarding such buildings or works or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land.

(5) The appellate authority may dismiss the appeal or accept the appeal by quashing or varying the notice as it may consider fit.

(6) If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under sub- section (3) the notice or so much of it continues to have effect, or the notice with variation made in appeal, is not complied with. the Authority may :-

(a) prosecute the ownerfor not complying with the notice and in case where the notice required the discontinuance of any use of land. any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and

(b) (i) in the case of the notice requiring the demolition or alteration of any building or works or carrying out of any building or any other operations, itself cause the restoration of the land to its condition before the development took place and' secure the compliance with the conditions of the permission or with the permission as modified, by taking such steps as the Authority may consider necessary including demolition or alteration of any building orworks or carrying out of any building or other operations:

(ii) the Authority may recover the cost of any expenses incurred by it in this regard from the owner as arrears of land revenue.

(7) Any person prosecuted under clause (a) of sub-section (6) shall be punishable with simple imprisonment for a term which may extend to six months or with a fine which may extend to ten thousand rupees, or with both and in the case of a continuing offence, with a further fine which may extend to five hundred rupees for e~Ch day during which such offence continues after conviction for the first commis- sion of the offence,

52. (1) Where any development of land as described in section 50 is being carried out b~t has not been completed, the Authority may serve on the owner and the person carrying out the development, a notice requiring the development of land to be

Removal or discontinu- ance of

unauthorised temporary development summarily. Power to re- quire removal of authorised development discontinued from the time of the service of such notice.

(2) Where such notice has been served, the provisions of ciause (b) of sub- section (4) and sub-section (5) of section 51 shall apply with such modifications as may be necessary :

Provided that provisions of clause (a) of sub-section (4) of section 51 shall not apply, in spite of filing an application for permission for development or an appeal as provided in clause (b) of sub-section (3) of section 51, and the notice shall continue to have full effect.

(3) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such notice has been served, shall be punishable with simple inprisonment for a term which may extend to three years, or with a fine which may extend to ten thousand rupees, or with both and when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees for each day after the date of the service of the notice during which non-compliance has continued or continues.

(4) If such notice is not complied with forthwith, the Authority or such officer of the Authority who may be authorised in this behalf, may require any police officer to remove such person and all assistants and workmen from the land at any time after the service of such notice and such police officer shall comply with the requisition accordingly.

(5) After the requisition under sub-section (4) has been complied with, the Authortiy or such officer of the Authority who may be authorised on this behalf, may if he thinks fit, depute, by a written order, a police officer or any officer or employee of the Authority to watch the land in order to ensure that the development is not continued. The Authority shall be empowered to seal the unauthorised development.

(6) Where a police officer or an employee of the Authority has been deputed under sub-section (5) to watch the land, the cost of such deputation shall be paid by the person at whose instance such development is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as arrears of land revenue.

53. (1) Notwithstanding anything contained in this Chapter, hereinbefore, where any person has carried out any development of a temporary nature unauthorisedly as indicated in sub-section (1) of section 50, the Authority may by an an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorisedly as aforesaid, within fifteen days of the receipt of the order; and if thereafter, the person does not comply with the order within the said period, the

. Authority may request the District Magistrate orthe Commissioner of the Police, or the Superintendent of Police, as the case may be, or authorise any of its officers or sevants, to have such work summarily removed or such use summarily discontinued without any notice as directed in the order: and any development unauthorisedly made again, shall be summarily removed or discontinued without making any order as aforesaid. . .

(2) The decision of the Authority on the question of what is development of a temporary nature shall be finai.

(3) The Authority may recover the cost of any expenses incurred by it in this regard from the owner as arrears of land revenue.

54. ,(1) If it appears to the Authority that it is expedient in the interest of the proper planning, of its areas (including the interests of amenities), having regard to the perspective plan of the development area or its development plan prepared, and to any other material consideration;

or use of land.

Interim provi- sion pending preparation of plan. Over-riding effect of this Act.

(a) that any use of land should be discountinued; or

(b) that any conditions should be imposed on the continuance therof; or

(i) require the discontinuance of that use; or

(ii) impose such conditions, as may be specified in the notice, on the continu- ance thereof; or

(iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any building or works, as the case may be, within such period, being not less than one month, as may be specified therein. after the service of the notice.

(2) Any person aggrieved by such notice, may within the said period and in the manner prescribed, appeal to the authority as may be prescribed.

(3) If an appeal is filed under sub-section (2), the provisions of clause (a) of sub- section (3) and sub-section (4) of section 51 shall apply, with such modifications as may be necessary.

(4) If any person :-

(a) has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, or

(b) has carried out any work in compliance with the notice, and claims from the authority within the time and in the manner prescribed, compensa- tion in respectof that damage, or of any expenses reasonably incurred by him for complying with the notice, the provisions of sub-sections (2) and (3) of section 49 shall apply with such modifications as may be necessary.

(5) If any person interested in the land in respect of which a notice is issued under this section, claims that by reason of the compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal, if any, filed under SUb-section (2) and in the manner prescribed, serve on the Government, an acquisi- tion notice requiring his interest in the land to be acquired.

(6) When a notice is served under sub-section (5), the provisions of sub- section (2) to (5) of section 48 shall apply with such modifications as may be necessary.

55. Where the Authority in exercise of its functions and powers with respect to any area under it. is required to have regard to the provisions of a plan before such plan has become operative, the Authority shall have regard to the provisions which in its opinion will be required to be included for securing the proper planning of the concerned area.

56. NotWithstanding anything contained in the Sikkim Municipalities Act, 1995 or any other law relating to municipalities and municipal corporations contrary to the provlslons contained in this Act, the provisions of this Act shall have an over-riding effect over all such laws.

CHAPTER - VIII

DEVELOPMENT SCHEMES

Power of the 57. (1) Subject to the provisions of this Act and rules and regulations maae

Authority to engage con- sultants. Publication of the develop- mentscheme and its ap- proval.

thereunder, the Authority may undertake development in any area under its jurisdic- tion by framing and executing development schemes.

(2) Notwithstanding anything contained in sub-section(1), it shall be lawful for the Authority to undertake development in any area outside its jurisdiction for the purpose of providing amenities and utilities which are wholly or partly beneficial to the residents of the area under its jurisdiction.

58. (1) A development scheme may be prepared for making provision for all any of the following matters namely:

(a) acquisition of land by purchase, lease or otherwise and to erect thereon such buildings or to carry out such operations as may be necessa.ry for the purposes of carrying on its functions;

(b) establishment of a new town; .

(d) establishment of commercial centres, including specialised markets, wholesale trade centres and mandies;

(e) establishment of tourist centres and tourism related infrastructure;

(f) development and landscaping of open spaces, recreational grounds, parks, Zoological and botanical gardens, public assembly grounds and social forestry;

(g) conservation of ecoiogically sensitive areas and prevention of injury or contamination of rivers, water bodies and sources of water supply;

(h) preservation and protection of heritage sites and buildings. Objects of historical importance or natural beauty and of buildings actually used for religious purposes;

(i) control of floods and air and water pollution;

U) housing schemes tor different income groups including housing for economically weaker sections of the society;

(k) construction and maintenance of rest houses, night shelter. infirmaries, homes for destitutes, children, disabled, handicapped, senior citizens, etc.;

(I) redevelopment and renewal of blighted areas; (rn) resettlement, rehabilitation and upgradation of slum areas;

(n) provision of health care. educational, cultural, religious and recre- ational facilities;

(0) provision of water supply, electricity and gas; disposal of sewage, soiid waste and refuse and manufacture of its bye-products:

(p) provision of sanitary arrangements including construction of drains and general conservancy, public conveniences, etc.;

(q) construction. reconstruction, alteration, improvement and maintenance of public roads and streets, bridges, parking lots, transport terminals including bus depots, airports, bus bays and stops, street lighting and avenue plantation; .

(r) provision of public transportation including mass transportation by rail or road or ropeway;

(5) provision of communication facilities;

(t) provision for burial and cremation giOunds;

(u) slaughter houses;

(v) closure or demolition of dwellings and portions of dwelings unfit for human habitation;

(w) demolition of obstructive buildings or obstructive portions of buildings; and

Power of the Aul'l1ority to engage con- sultants. Publication of the develop- mentscheme and its ap- proval.

(x) such other matters not inconsistent with the objects of this Act, as may be considered necessary.

(2) Every development scheme shall contain details, as far as may be applicable, in respect of ;

(a) land assembly OVIX which the development scheme is to be impls- merited:

(b) layout plan and other relevant drawings and details including, if necessary, the imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the nimber, height and character of buildings allowed in specific areas, the purposes for which buildings or specified areas mayor may not be appropriated, the sub-division of plots. the discontinuance of objectionable uses of land in any area in reasonable periods, parking space and loading and unloading space tor any building and the size of projections and advertisement signs and hoardings;

(d) manner of dlposal of assets, if any;

(e) management and maintenance mechanism; and

(f) any other matter considered necessary.

(3) The Authority may, on such terms and conditions as may be agreed upon, undertake formulation and execution of any developmental project anywhere on behalf of the local authority, body corporatem, co-operative society, or a department of the State or the Centra! Government:

Provided that permission for such development has been obtained under the· provisions of Chapter VI! of this Act by the concerned local authority, body corporate or co-cperatlve society, as the case maybe, the department of the State or the Central Government.

(4) No development scheme shall be framed by the Authority and no project .shall be formulated by any other person or body including departments of Central and State Governments unless they are in conformity with the provistons of a plan apporvod under this Act. . ,

59. The Authority may, for framing and executing a development scheme, engage any consultant on such terms and conditions as-may be agreed upon between it and the consultant.

60. (1) As soon as may be, after a development scheme has been formulated, the authority shall publish it in at least one local newspaper, a notice of preparation of the developrnent scheme and the place or the places where copies of the same may be inspected, inviting objections and suggestion in writing form the public to be filed within thirty days from the date of publication of such notice in the newspaper. The. noticeshall also state the name of the place or places where a copy of the development scheme shall be available for inspection by the public during the office hours:

Provided that no such notice under this sub-section shall be required where the deveiopment scheme is witr,in the framework of the approved development plan of a development area.

. .(2) After the expiry of the period allowed under SUb-section (1) for filing objections and suggestions, the Authority shall consider ali the objections and suggestions received and shall after allowing reasonable opportunity of being heard,

Power of the Authority to set-up func- tional agen- cies.

to any person who has made a request of being so heard, make such modifications in the development scheme as it considers proper within a period of sixty days of the date of expiry of the notice period allowed under sub-section (1). and shall approve the development scheme.

(3) Immediately after the approval of the development scheme by the Authority, it shall notify in Official Gazette and publish a notice, in at least one local newspaper, of the approval of the development scheme mentioning the place or places and the time at which the scheme shall be open to inspection by the public.

61. (1) The Authority may, with the prior approval of the Government, set-up functional agencies for performance of such specific functions, not inconsistent with the objects of this Act, in such cases where it considers appropriate that it would be in public interest and would effect economy and efficiency in the performance of the functions assigned to it.

(2) The composition, management and the procedures of the aforesaid agencies to be set-up under sub-section (1) shall be such as may be prescribed. A uction of 62. (1) If the Authority is satisfied that in a particular locality, augmentation of Floor A rea infrastructure, particularly relating to transportation, has occured to such an extent that Ratio. there is a scope for permitting additional built-up space by way of additional Floor Area Ratio (FAR) or Floor Space Index (FSI) over and above the permissible FAR or FSI in the area, itmay prepare, with the approval of the Government, a scheme identifying the specific area where such additional built-up space can be permitted by way of auction and specifying the applicable development control norms. .

(2) The scheme prepared under sub-section (1) shall qualify the total additional built-up space to be permitted and maximum spot Floor Area Ratio or Floor Space Index to be allowed by auction. Thereupon, the Authority, shall auction the aforesaid additional built-up space in the manner prescribed:

Power to ac-

quire land un ..

der the Land

Acquisition

Act, 1894.

Specialprovi- 64.

sion for invo-

cation of sec-

tion 4 of Land

Accuisttton

Provided that no auction shall take place unless augmentation of infrastructure

CHAPTER - IX

ACQUISITION, ASSEMBLY AND DISPOSAL OF LAND

63. (1) Any land required, reserved or designated in a perspective plan., a development plan, or an annual plan, or a development scheme shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and may be acquired by the Government on request by the Authority.

(2) Where any land has been acquired by the Government under sub~section (1), it may after it has taken possession of the iand, transfer the land to the Authority for the the purpose for which the land has been acquired on payment by the Authority of the comensation awarded under the Act and of the charges incurred by the Government in connection with the acquisition.

(1) The notification for approval of:

(a) the regional development plan under section 18;

(b) the development plan of the development area under sub-section (10) of section 38; and

Act. 1894 in certain

cases. Acquisition of property by the Authority. Transfer of Government land to the Authority. Acquisition of land by way of negotiated settlement. Disposal of land and other prop- erty by the Authority. Levy of de- velopment charge. Rates of de- velopment charge. shall, notwithstanding anything contained in the land Acquisition Act, 1894, be dee~ed to be a declaration duly made under section 4 of the said Act.

65. The Authority may acquire any movable or immovable property by purchase, exchange, gift, lease, mortgage. or by any other means permissible under any law for the time being in force.

66. The Government may. by order and on such terms and conditions as may be agreed upon between the Government and the Authority, place at the disposal of the Authority any developed or undeveloped Government land situated within the jurisdiction of such Authority for the purpose of development in accordance with the provisions of this Act.

67. The Authority may acquire land by agreement by paying such amount as may be arrived at through negotiated settlement in such manner as may be prescribed under regulations.

68. The disposal of any land acquired by the Government and transferred to the Authority under section 63 or any land transferred to the Authority under section 63 or any land trnasferred to it under sections 65,66, or67 or any other land with orwithout carrying out developemnt theron, or ariy other immpvable property belonging to the Authority, shall be done in accordance with the rules made for the purpose in this behalf.

CHAPTER - X

LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE

69. (1) Subject to the provisions ofthis Act and the rules made thereunder. and with the previous sanction of the Government, every Authority shall, by notification published in the Official Gazette, levy a charge (hereinafter called the development charge) on the carrying out of any development or the institution or change of use of land for which permission is required to be obtained under Chapter VII of this Act. in the whole or any part of the development area, at the rates specified in section 70:

Provided that the rates may be different for different parts of the development area.

(2) The development charge shall be leviable on any person who undertakes or carries out such development and institutes or changes any such use.

(3) Notwithstanding anything contained in sub-section (1) and (2), no develop- ment charge shall be levied on development or institution of, change of use of any land vested in. or under the control or possession of the Central Government, the State Government or any local authority.

(4) The Government may, by rules, provide for exemption from the levy of development charge. any development, institution or change of any use of any land specified in the rules.

70. {1} For the purpose of assessing the development charge, the use of land and building shall be classified under the following categories:

(a) agricultural,

(b) residential,

Assessment and recovery of deveJop- mentcha.rge.

(d) commercial, and

(e) miscellaneous.

(2) In G!a.ssifying the use of land and building under any of the categories mentioned in sub-section (1), the predominant purpose for which such land and ."

building is used shall be the main basis for such classification:

Provided that where land appurtenant to a building is used for any purpose independent of the building, development charge may be levied separatelyfor such use also. t'

(3) The actual charges may vary from one town to another and wit!lin the town from one area to another depending on its development and institution or change of use.

(4) The development charge shall

(a) for the institution of use "

(i) for residence

(ii) for industry

(iii) for commerce not exceed-

Rs.10/- sq.rntr. Rs.50/- sq.rntr. Rs.200/- sq.mtr,

(b) for chanqa of use ,.

(i) from agriculture to residence Rs. 15/- sq.rntr,

(ii) from aqriculture to industry Rs. 55/- sq.mtr.

(iii) from aqrlculture to commerce Rs. 205/- sq.rntr.

(iv) from residence to industry Rs. 40/- sq.rntr.

(v) from residence to commerce Rs.190/'sq.mtr.

(vi) from industry to residence Hs. 40/- sq.mtr, (vil) frorn industry to commerce Rs. 150/-sq. mtr,

71. ("1) Any person who intends to carry out any development, or to institute, or change any use of any iand for wtlich perrnlssion under Chapter VII is necessary, whether he has applied for such permission or not or who has commenced the carrying out 0'1 any such development or has carried out such development or instituted or cilangeej any use, shaf apply to the Authority within such time and in such manner as may be prescribed for the assessment of development charge paybale in respect thereof. .

(2) The Authority shall, on such application being made, or if no such application is made, after serving a notice on the person liable for development charqe, determine in the manner specified in sub-section (3) and (4), the development charge. if any, is leviable in respect of that development or use.

(:3)The Town Planning Member shall, attor ~livlng a reasonable opportuntiy of being heard to the person who has made all application under sub ..section (i) or who has been served with a notice under sub-sectlon (2) make a report to the Authority.

(4) After taking into consideration the report of the Town F'!anning Member. made under sub-section (3). tll(3 Authority shall assess the arnoutnt of development charge by an order: .

Provided that

(a) where permission under Chapter Vii has not been granted for carrying out the said development, the Authority may postpone the assessment of 'the develop .. rnent cnarqe: .

(b) where the application relates to the carrfing out of any development in any land, the Authority may refuse to assess the development charge payable in respect thereof, unless it is satisfied that the applicant has an interest in tile land sufficient to enable him to carry out such deveiopment, or that the applicant is able to obtain such interest and that the applicant will carry out the development within such period as the

Appeals against' assessment. O e v e lo p= mentCharge to be a charge on land and to be recover- able as' ar- rears of land revenue.

Develop·· ment works by promoi- ets.

Power to grant licence to promoters. Application for grant of li- cence.

Authority considers appropriate;

(c) \Nhere the application relates to the institution or change of any USHof land, the Authority may refuse to assess the amount of development charge payable in respect thereof unless it is satisfied that tile use will be instituted within such period as the Authority considers appropriate.

(5) The Authority shall deliver or serve a copy of such order on the applicant or the person liable tor the development charge.

(6) Such order of assessment subject to the provisions of section 72, shall be final and shall not be questioned in any court.

'72. (1) Any person aggrieved by an order of assessment made under section 71 may, within such tlrno and in such manner, as may be prescribed, appeal to tile Board.

(2) On an appeal made to the Board under sub-section ('I), the Chief Town Planner shall, (,J,f1ergivinga reasonable opportunity of being heard to the appellant and the Authority concerned, make a report to the Board.

(3) The Board may, after taking into consideration the aforesaid report, and if it deems necessary, after giving a reasonble opportunity of being heard to the appellant and the Authority concerned, pass such order as it deems fit.

"1~I. (1) If any development of land is commenced or carried out or any use is instituted or chanced without payment of the amount of the development charge assessed underthe provisions of this Chapter, the amount of the development charge shalt, subject to prior payment of the land revenue, if any, be a first charge upon the interest 0'1tile person so liable in the land on which development has been com- menced or carried out or the use has been instituted or changed and also in any other land in which such person has any interest.

(2) The development charge Shall be recoverable as arrears of land revenue. CHAPTER -Xl

PRIVATE AND JOINT SECTOR PARTICiPATION IN DEVELOPMENT

74. Subject to the provisions of this Act and the rules and regulations made thereunder, tile Authority tor the purpose of implementing the proposals contained in an approved paln, permit a promoter, to undertake or carry out a development work within the area of its jurisdiction.

75. (1) The Authority may grant a licence to a promoter- national or international, to undertake or carry out a development work in its area of jurisdiction, on such terms and conditions as may be mutually agreed upon after tollowinq such procedure and on payment of such license '1eeas may be prescribed:

Provlded that prior permission of tile Government shall be required for granting license to an international promoter.

(2) Before granting such license under such-section (1), the Authority shall ensure that development charges as leviable under this Act have been paid or that no development charges are leviable under this Act.

76. (1 J Any promoter intending to undertake or carry out any development work shall make an application inwriting tor grant of a licence to undertake or carryout such work to the Authority in such form accompanied by such documents and fee and in such manner as may be prescribed.

Additional provisions where cost of development work is to be realised in ad- vance.

Provisions for economically weaker sec- tions.

Recovery of capital or maintenance cost of ameni- ties.

Development works

in joint - sec- tor.

(2) The Authority may, after making such enquiry as it considers necessary, by an order in wiritinq-

(Q.)grant a licence inthe prescribed form after the applicant has furnished to it a bank guarantee equivalent to ten percent of the estimated cost of the development work and has entered into an agreement with it containing such details as may be considered necessary including provisions for ensuring -

(i) that the development shall be within the framework of the approved plan and shall conform to the provisions of the development control rules and applicable building rules, bye-laws; and

(ii) that the time schedule within which the development work is to be completed shall be adhered to ; ,

(b) or refuse to grant a licence after affording the applicant an opportuntiy of being heard.

(3) No licence shall be granted when the estimated cost of the development work exceeds;

(a) rupees ten lakhs without the prior approval of the Chief Town Planner;

(b) rupees twenty five lakhs, without the approval of the Government.

(4) The licence so granted shall be valid for a period of three years. It may, however, be renewed for reasons to be recorded in writing from time to time for a period not exceeding one year on payment of prescribed fee.

77. Where a development work envisages realisation in advance of the cost of development from the prospective allottees, the promoter shall deposit an amount equivalent to twenty five percent of the sum collected, from time to time, by him from the prospective allottees, within a period of ten days of its realisation, in a separate account to be maintained in a scheduled bank and pledged to the Authorlty. This amount can only be withdrawn on completion ofthe development work. '

78. (1) Where a development work f6rwhich licence is granted envisages provision of developed plots or built-up space; such percentage of the plots or built-up space shall be reserved for economically weaker sections of the society, as may be mutually agreed, and the cost of development of such reserved developed plots or built-up space shall be fully or partly, as may be agreed, distributed over developed plots or the built spaces meant for allottees other than economically weaker sections.

(2) The developed plots or built-up space reserved for economically weaker sections of the society shall be allotted by the promoter to only those beneficiaries who are identified by the Authority, at such cost as may be mutually agreed.

79. Where a licence has been granted for providing or maintaining or both providing and maintaining any amenity, utility, service or facility, the Authority may permit the promoter to recover the capital and maintenance cost by way of collection of users charges as may be agreed upon in the manner prescribed under regulations.

80. The Authority may enter into collaboration with a promoter or national or international agency to jointly undertake implementation of any development work within the framework of an approved plan on such terms and conditions as may be mutually agreed. Such collaboration may include provision for facilities including shelter for economically weaker sections or sharlnq of developed plots and built

Rules for regulating development by private andjoint sec- tor.

Reference to Arbitrator in case of dis- pute.

Fund of the Authority and it:} applica- tion.

spaces or sharing of profits:

Provided that where the collaboration is with an international agency, prior approval of the Government shall be necessary.

81. The Government shall frame rules for regulating development works by private-sector and under joint-sector.

82. If any dispute arises out of any agreement entered into with the promoter by the Authority, it shall be referred to the Arbitrator appointed by the Government under the Arbitration Act. 1940.

CHAPTER -XII t=INANCE, ACCOUNTS AND AUDIT

83. (1) The Auithority shall have and maintain a separate fund called "development fund" to which shall be credited - .

(a) sum of money received from the Government or any other State, national or international agency, loans, advances, or otherwise for the performance of functions under this ACt and for any other function which the Government may assign;

(b) all development charges or other charges or fees received under this Act or rules or regualtions made thereunder;

(d) sum of money borrowed under section 122 from the market with the· approval of Government by way of debentures, bonds and other means In accordance with the prescribed rules;

(e) sum of money earned from remunerative projects by way of rent or otherwise and disposal of its assets;

(f) sum of money earned from projects implemented under section 80;

(g) increased stamp duty received under section 86;

(h) charges for using agricultural land for building purposes under section 87;

(i) users' charges received by the Authority from the disposal of land, buildings and other properties; and

(k) any other sum of money received by the Authority from any other source for performing its functions.

(2) The development fund shall be applied towards meeting -

(a) the expenditure incurred in the administration of this Act;

(b) the cost of acquisition of land in the development area for the purpose of planned development;

(d) any expenses incurred by the Authority under this Act in connection with preparation of perspective plan, development plan and annual plan and pianning and execution of projects and schemes unless expressly provided otherwise in this Act;

(e) the expenditure for such other purposes as the Government may

Bucfget. Accounts and Auait. tncreeso in ,JUlY on cer- tain trensier of immovable property

Charges tor using agricul- tural lend for building pur- direct; and

(f) the expenditure for such other purposes not lncoslstent with this Act.

(3) The development fund account of every Authority shall be opened and maintained in the current or savings account of the State Bank of india or any other nationalised bank. Such surplus. amount of money out of the aforesaid fund, as may determined by the Authority in this behatt, shall be invested in such manner as may be approved by the Authority, but such investment shall be only in Government approved securities.

(4) The Government may take such grants, advances and loans to tile .Authority as the Government. may deem necessary for the performance of the functions of t.he Authority under this Act, and all such grants, loans and advances made shall be on such terms and conditions as the Government may determine.

84. T!18 Board and every Authority, shall prepare in such form and at such time evmy year, as may be prrescribecl, a budget .in respect of the financial year next ensuing, showing their estimated receipts and expenditure, Such number of copies of the budget, as may be prescribed. shall be forwarded to the Government.

(a) directly in tile case of the Board; .

(b) throuqh the Board, in tile case of the Authority.

85. (1) The Board and every Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance shoot in such form as may be prescribed.

(2) The accounts maintained under sub-Section (1) 5:1811 be subject to audit annually by the Accountant Genera! of the State and any expenditu re incurred by him in connection with such audit shall be payable by the concerned Authority to the Accountant General.

(3) The Accountant General orany person appointed by him in connection with the audit of accounts under sub-section (2), shall have the same right, privilege, and authority in connection with such audit as the Accountant General has in connection with the Government accounts and in partic-ular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the concerned Authority. The accounts as cartltied by the Accountant General or any other person appointed by him in this behalf together with' the audit report thereon shall be forwarded annually to tile Government -

(a) directly in the case of the Board;

(b) throuqh the Board, in the case of the Authority. B6. (1) The duty Imposed under the laws tor the time being in force ill Sikkim in respect of any deed of transfer of immovable property shall, in the case of immovable property situated within tile area under the jurisdiction of the Authority be increased by three percentum on the value of the property transferred or in the case of unsutructuary mortgage on the amount secured by the instrument.

(2) All collections resulting from the said increase shall, after deducting incidental expenses, it any, be paid to the Authority atsuch time and in such manner as may be prescribed.

87. (1) if any land, located within the jurisdiction of the Authority, the presents use of which is recorded as 'agriculture' in the records of rights maintained by the Government and the owner of such land intends to construct a building or structure thereon tor use as permlsslbls In the development plan, the owner thereof shall before

poses. Contribution by the Au- thority to the Board, and the. District Planning

Committee. Levy of user's charges.

Contribution by municipal bodies to the development fund.

Annual re- ports.

Pension and Provident fund.

applying for permission to construct such building under section 45 first apply to the concerned' Authority for permission to use the land for the intended purpose.

(2) The application under sub-section (1) shall be accompained with a charge, which shall be equivalentto fifty percent of the difference in market value of the land assessed with its agricultural use and its market value with intended tide, and such other documents, and details as may be prescribed.

88. Every Authority at the beginning of the financial year shall contribute a sum equivalent to half percent of the total sum of money credited during the last preceding year to its development fund constituted under sub-section (1) of section 83, to the Board and another one and a half percent to the District Planning Committee.

89. (1) In order to recover fully or partly the capital expenditure and the cost of maintenance of utitlities, amenities, services or facilities provided by the Authority, it may levy and collect a charge from the users, (hereinafter called tile users' charge).

(2) The amount of users, charges to be levied and its manner of assessment and collection shall be such as may be presecribed under regulations.

(3) The Authority may assign, on such terms and conditions, as may be agreed, the task of providing and maintaining any utility, amenity, service or tacility, within the area of jurisdiction, to any person or agency including an association or body of individuals whether corporate or not and permit them to collect such users' charges from such beneficiaries and subject to such terms and conditions as may be prescribed under regulations,

90. Every municipal body within the development area shall, at the beginning of the financial year, contribute from municipal fund, a sum not less than ten percent of its total receipts from all sources during the last preceding year to the development fund of the Authority, as the Government may specify from time to time,

91. (1) The Board shall prepare every year on its activities, during that year and submit the report to the Government in such form on or before such date as may be prescribed and the Government shall cause a copy of the report to be laid before the State Legislature.

(2) The Authority, shall prepare every year a report on its activities during that year clearly specifying sector-wise physical tagets achieved alongwith regular finan- cial statements and submit the report to the Government and the Board in such form on or before such date, as may be prescribed.

92. (1) The Board and the Authority shall constitute for the benefit of their whole time paid members, officers and other employees, in such manner and subject to such conditions, as may be prescribed, such pension and provident funds as it may deem fit.

(2) Where any pension or provident fund has been constituted, the Govern- ment may declare that the provisions of the General Provident Fund (Sikkim Services) Rules, 1984 and the Sikkim Services (Pension) Rules, 1990 shail apply mutatis mutandis.

Action by Government while issuing notification under sub- section (3) of section 1. Restrictions on use and development of land after declaration of regional plan- ning area/de- velopment area.

CI-lAPTEFi Q XIII SUPPLEMENTAL AND MISCELLANEOUS PROViSIONS

93. Simultaneously with the corning into force of the provisions of this Act in any area by notification under sub-section (3) of section i with effectfrom such date as may be specified therein, the Government shall frame a scheme determining -

(a) the Government authorities or the development authorities, if any, or by whatever name called, constituted under any other law in force in the area, which shall cease to exist from the said date;

(b) the transfer of all the officers and empioyees of the authorities as mentioned in clause (a) above to the concerned Authority, from the said date;

(c) proportion of all properities, funds and dues which are vested in or realisable by the authorities mentioned in clause (a) which shall vest in or be realisable by Authority or authorities, as the case may be;

(d) proportion of ail liabilities which are enforceable against the authorities mentioned in clause (a) above which shall be enforceable by the authorities, as the case may be;

(e) for the purpose of realising properties, funds and dues referred to in clause (c) above, the functions of the authorities mentioned in clause

(a) above shall be discharged by the Authority.

94. (1) On or after the date on which the declaration of regional planning area under section 11 and development area under section 11 ,21 of this Act is notified -

(a) no person shall within the area included in the regional planning area orthe development area, as tile case may be, erect or proceed with any building work, remove, pull down, alter, make additions to or make any substantial repair to any building, part of building, a compound wall or any drainage work or remove any earth, stone or material, or sub-divide any land or charge the use of any land or building unless such person has applied for and obtained necessary permission from the Chief Town Planner or such other authority as may be desired by Govern- ment in the case of regional planning area and the Authority in the case of development area under its jurisdiction;

(b) The Chief Town Planner or the Authority as the case may be, on receipt of such application, shall at once furnish the applicant with a written acknowledgement of its receipt and may, after an inquiry, either grant or refuse such permission or grant it subject to such conditions as it may think fit impose. If no decision is communicated to the applicant within three months from the date of such acknowledgement, the applicant shall be deemed to have been granted such permission;

(c) If any person contravenes the provisions contained in sub-section (1) or SUb-section (2), the Chief Town Planner or the Authority, as the case may be, may direct such person by notice in writing to stop any work in progress, and after making inquiry in the prescribed manner, remove, pull down, or alter any building orotherworkor restore the land in respect of which such contravention is made to its original condition;

(d) Any expenses incurred by the Chief Town Planner orthe Authority, as the case may be, under sub-section (3) shall be a sum due to them under this Act which may be recovered from the person in default or the owner of the plot as arrears of land revenue; and

Power of en- try,

(e) No person shall be entitled to compensation in respect of any damage. loss or injury resulting from any action taken by the ChiefT own Planner or the Authority under sub-section (1).

(2) Wherever the Government, after the declaration of the reqional planning area under section 11 or the development area under section 21 but before the publication of the Map and the Register under section 31. is satisfied that in any regional planning area or development area or part thereof, the change of the land use or any building operation or any other operation as mentioned in sub-section (1) therein -

(a) is likely to cause injurious disturbance of surface or any land or soil, or is considered detrimental to the preservation of the soil, prevention of lands lips or protection against erosion; or

(b) is likely to make it difficult to plan and develop the area. in question in accordance with the provisions of this Act,

the Government may, by notification published in the Official Gazette, freeze the existing land use, for a period not exceeding three years;

(i) no person shall change the use of any land or carry out any develop- ment of land other than the chanqe for the purpose of agriculture without the written permission of the Chief Town Planner in the case of the regional planning area and the Authority in the case of the development area; and

(ii) no local authority or officer or other authority shall, notwithstanding anything contained in any other law for the time being in force, grant permission for the chage in use of land without the written permission of the Chief Town Planner in the case of the regional planning area and the Authority in the case of the development area;

(d) any permission which the Chief Town Planner or the Authority, as the case may be. may grant under this sub-section shall be subject to such conditions and restrictions as may be imposed in this behalf by the Government.

95. (1) The Chief Town Planner or an officer authorised by him or any officer authorised in this behalf by the Board orthe Authority, as the case may be, may enter into 01' upon any land or building with or without assistants or workmen within the area under their respective jurisdiction under this Act for the purpose of -

(a) making an enquiry, inspection, measurement or survey ortaking levels or photographs of such land or building;

(b) setting out boundaries and intended lines of works;

(d) examining works under construction and ascertaining the course of sewers and drains; .

(e) digging or boring into the sub-soil;

(f) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations made thereunder; and

(g) dOing any other thing necessary for the efficient administration of this Act:

Provided that-

(i) in the case of any building used as a dwelling house or upon any enclosed part of garden attached to such a building, no such entry shall be made without the consent of the occupier thereof. If no consent is given, entry can be made by giving

Service of no- tice etc.

such occupier atleast twenty-four hours notice in wirting of the intention to enter;

(ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from the land or the building;

(iil) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made to the social and religious usages of the occupants of the land or building entered.

(2) The powers of the Chief Town Plannerorthe Board under sub-section (1) shall extend to the whole of the State of Sikkim and the powers of the Authority under sub-section (1) shall extend to its development area and such other area which the Government may have directed to be included in a development plan.

(3) Any person who obstructs the entry of a person empowered or authorised under this section to enter into or upon any land or building or molests such person, after such entry, shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to three thousand rupees, or with both.

96. (1) All documents including notices and orders required by this Act or any rule or regulation made thereunderto be served upon any person shall, save as otherwise provided in this Act or rule or regulation made thereunder, be deemed to be duly served- '

(a) where the document is to be served on a Government department, Railway, local authority, statutory authority, company, corporation, society or other body, if the document is addressed to the head of the Government department. General Manager of the Railway, Secretary or principal officer of the local authorlty.statutory authority, company, corporaation, soceity or any other body at its pnncipal, branch, local or registered office, as the case may be, and is either-

(i) sent by registered post to such office; or

(ii) delivered at SUClloffice;

(b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identi- fying it by the name or style under which its business is carried on, and is either-

(i) sent by registered post; or

(ii) delivered at the said place of business;

(i) is given or tendered to him; or

(ii) if such person cannot be found, is affixed on conspicuous part of his last known place of residence or business or is given or tendered to some adult member Of his family or is arnxeo on some conspicuous part of the land or the building to which it relates; or

(iii) is sent by registered post to that person.

(2) Any document which is required or authorised to be served on the owner or occupier of any iand or building may be addressed ''the owner" or "the occupier", as the case may be, of that land or building (naming or describing that land or building) without further name or description, and shall be deemed to be duly served»

(a) if the document so addressed is sent or delivered in accordance with clause (c) of sub-section (1); or

(b) if the document so addressed or a copy thereof so addressed is delivered to sorne person on the land or building.

(3) Where a document is served on a partnership in accordance with this section, the document is deemed to be served on each partner.

Public notice how to be made known and the no- tices, etc. to fix reason- able time. Authentica- tion of orders and docu-

ments.

Mode ofproof of records. Restriction on the sum- moning of of· ficers and servants of ttie Board, and the Au- thority. Prohibition to

• supply elec- tricity, water etc.

Transfer to authority for purposes of

(4) Forthe purpose of enabling any documentto be served on the owner of any property, the officer authorised in this behalf by the Board, orthe Authority, as the case may be, by notice in writing require the. occupier, if any, of the property to state the name and address of the owner thereof. .

(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.

(6) A servant is not a member of the family within the meaning of this section.

97. (1) Every public notice given under this Act or rules or regulations made • thereunder shall be in writing under the signature of such officer as may be authorised in this behalf by the Board, or the Authority and shall be widely made known in the locality to be affected there by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper and such other means which such authorised officer may consider fit~

(2) Where any notice, order or other document issued or made under the Act or any rule or regulation made thereunder, requires anything to be done for the doing of which no time is fixed in this Act or rule or regulation made thereunder, the notice, order or other document shall specify a reasonable time for doing the same.

98. All permissions, orders, decisions, notices and other documents of the Chief Town Planner; the Board,' or the Authority shall be authenticated by the signature of such officer as may be authorised by the Chief Town Planner or the Board or the Authority, as the case may be, in this behalf.

99. A copy of any receipt, application, plan, notice, order, entry in a register, or other document in the possession of the Board or the Authority, if duiy certified by legal

. keeper thereof or other person authorised by the Board, or the Authority shall be received as prima facie evidence of the matters and transactions therein recorded in every case where, and to the same extent as the original entry or document WOUld, if produced, have been admissible to prove such matters.

100. No Chairperson, Vice-Chairperson, member or officer or servant of the Board or the Authority shall in any legal proceedings to which the Board or the Authority is not a party, be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the Court made for special cause.

101. Any agency charged with the duty of supplying electric energy to buildings or installations within a development area, shall not give electric connection and any agency charged with the duty of supplying water and rendering such other services to buildings or installations in a development area shall not give water connection or render such other services to any newly constructed building or convert to permanent domestic use any connection already taken unless the application for such connec- tion is accompanied by a no-objection certificate from the concerned Authority. 102 (1) Whenever any building or any street, square or other land, or any part thereof, which is situated within any development area and is vested in any local

development of land or building vested in lo- cal authority. Restriction on power of a lo- cal authority tomake rules, regulations or bye-laws in respect of certain mat- ters.

Power of

authority is required for the purposes of development by the Authority, it shall give notice accordinqly to the,Executive Officer of the concerned local authority, and such building, street, square, other land or part thereof, shall, notwithstanding anything contained in the law under which the said local authority is constituted, thereupon vest in the Authority.

(2), Where any property vests in the Authority under sub-section (1) and tile Authority makes a declaration that such property shall be retained by it for a period to be specified in the declaration, the property shall, on the expiration of said period, revert to the local authcrity.

(3) Where a declaration is made under sub-section (2), no compensation shall be payable by the Authority to the concerned local authority in respect of the property so vested in the Authority.

(4) Where any land or building vests in the Authority under sub-section (1) and no declaration is made under sub-section (2) in respect of the land or the building, the Authority shall pay to the local authority concerned as compensation a sum equal to' the market value of such land or building as on the date of notice under SUb-section .,

" (1) :

Provided that the land of equal market value may be given in exchange, or lieu of compensation.

(5) If, in any case, where the Authority has made a declaration in respect of any land under sub-section (2) and retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the local authority, the Authority shall pay to the concerned local authority compensation in respect of such land in accordance with the provisions of sub-secion (3).

(6) If any question or dispute arises -

(a) as to whether compensation is payable under sub-section (3) or sub- section (4); or

(b) as to the amount of compensation paid or proposed to be paid under sub-section (3) or sub-section (4); or

(c) as to whether any building or street, or a square or other land or any part thereof is required for the purposes of development by tl1e Authority;

the matter shall be referred to the Government whose decision thereon shall be final.

103. (1) Notwithstanding anything contained in any law for the time being in force, no rule, regulation or bye-law shall be made or amended by a local authority in respect. of matters specified in sub-section (2), unless the Authority, upon consideration of the i rule, regulation or bye-law, certifies that it does not contravene any of the provisions 'I of any perspective plan or any development plan or regulations pertaining to planning i or building standards. I

(2) The matters referred to in sub-section (1) are the following, namely:-

(a) water supply, drainage and sewerage disposal;

(b) erection or re-erection of buildings, including grant of building permis- sions, licenses and imposition of restriction on use and sub-division of land and building;

(c) sub-division of land into bUilding sites, roads and lanes, recreational sites and sites for community facilities; and

(d) development of land, improvement schemes, and housing and re- housing schemes.

Authority to 104 Where any area has been developed by the Authority it may require the local

require local authority to assume re~ sponsibility in certain cases. Restriction on registration of documents.

Exemption from Stamp duty under law for the time being in force in

SikkilTl. Offences by companies. authority within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Authority and that local authority, and where such terms and conditions connot be agreed upon, on terms and conditions settled by the State Government in consultation with the ioeal authority on a reference of the matter to State Government by the Authority.

105. Notwithstanding anything contained in the law for the time being in force in Sikkim, no deed or document in respect of transfer, by way of sale, gift, exchange, lease, mortgage with possession or otherwise of any land, or sub-division of any land or building situated within a development area shall be regsitered by the authority competent to register such deed or document under the provisions of the said Act, unless such deed or document is accompanied by a non-objection certificate from the concerned Authority, in the form prescribed under rules:

Provided that the competent authority may register any transfer:-

(a) where the land is owned by a person and the transfer is made without involving any further divisions; ,

(b) where the partition/sub-division of land is made in a Joint Hindu Family;

(d) where the mortgage is made for procuring the loans for construction or improvement over the land either from the Government or from any other financial institution constituted or established under any law for the time being in force or recognised by the Government.

106. Notwithstanding anything contained in the law for the time being in force in Sikk.im no duty shall be imposed on any deed or transfer of immovable property either by or in favour of the Authority,

107. (1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of and responsible to the cornpany for the conduct of the business of the company, as. well as the company, shall be deemed to be guilty of the offence and shall be liable to the proceeded against and be punishable accordingly: ,

Provided that nothing contained in this sub-section shall render any such person liable to any puishment provided in this Act, if he proves that the offence\IY~s"

committed without his lmowledge or that he exercised aI/ due diligence to prevent tne:" , 'IIcommission of such offence. i' 'i', 1\ [:'

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act 1185 been committed by a company and it is proved that the offence has been cornmltted with the consent of or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or any other officer of the company, such director, manager or other officer shall be liable to be proceeded against and punished accordingly.

Explanation :- For the purpose of this section -

(a) "company" means a' body corporate and includes a firm or other assocation of individuals; and

Penalty for obstructing contractor or removing

mark.

Sanction of

(b) "director" in relation to a firm, means a partner in the firm.

108. If any person-

(a) obstructs. or molests any person engaged or employed by the Board orthe Authority or any person with whom the Board orthe Authority has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or rsqulrsd to do under this Act, or

(b) removes any mark set up for the purpose of indicating a.ny level or direction necessary for the execution of works authorised under this Act,

he shall be punishable with fines which may extend to five hundred rupees or with imprisonment for a term which may extend to two months or with both. prosecution. 109. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Board or the Authority concerned or any officer authorised by the Board or the Authority. as the case may be, in this behalf. Compound-

ing of of-

fences.

Cognizance

of offence.

Right to ap-

pear by

recognised

agent. .

Jurisdiction

of courts.

. Fine when realised tobe paid to the concerne d Authority. Members and officers to be public servants.

110. (1)The Board orthe Authority concerned or any person authorised in this behalf may either before or after the institution of the proceedings compound any offence made punishable by or under this Act

(2) When an offence has been compundsd, the offender. if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded,

111. (1) Notwithstanding anything contained in any other provisions of any other Act it shall be competent for the Court of Judicial Magistrate of First Class to take cognizance of offences under this Act.

(2) An officer of the level of Under Secretary or above shall be the competent authority to file a complaint under the provision of this Act.

(3) All complaints shall be filed within a period of 3 months from the date of occurrence or commission of the offence.

112. Every party to a proceeding before the Board or the Authority constituted under this Act, shall be entitled to appear either in person or by his agent authorised in writing in that behalf.

113. No Court inferior to that ofa Magistrate of the First Class shall try an offence punishable under this Act.

114. All fines rea/ised in connection with prosecution under this Act shall be paid to the concerned Authority in the prescribed manner.

115. Every member and every officer and other employees of the Board and the Authority shall be deemed to be a public servant within the meaning of seeton 21 of the Indian Penal Code, 1860.

Protection of

action taken 116. No suit. prosecution or other legal proceedings shall lie against any person

in good faith. Duty of police officer.

Finality of orders.

deemed to be a public servant under section 109 for anything which is done or intended to be done in good faith under this Act or any rules or regulation made thereunder."; ". .; , .~ I ,!

117. It shall be the duty of every police officer -

(a) to co-operate with the Authority for carrying into effect and enforcing the provisions of this Act or any rule or regulation made thereunder;

(b) to communicate without delay to the proper officer or employee of the Authority any information which such police officer receives of a design to commit, or of the commission of, any offence against this Act or any rule or regulation made thereunder; and

(c) to assist any officer or employee of the Authority reasonably demand- ing the aid of such police officer for the lawful exercise of any power vested in him under this Act or any rule or regulation made thereunder.

118. Save as otherwise expressly provided in this Act, every order passed or directon or notice issued by the Gvernment or the Board, the Chief Town Planner or the Authority, as the case may be, under this Act shall be final and shall not be Validation of questioned in any suit or other legal proceeding. acts and pro-

ceedings.

Temporary

association

of persons.

Power to

delegate.

119. (1) No act done or proceeding taken under this Act shall be questioned on the ground merely of -

(a) the existence of any vacancy in, or any defect in the constitution of the Board, or a Authority;

(b) any person having ceased to be member of the Board orthe Authority;

(c) any person associated with the Board or aAuthority under the provisions of sections 120 having voted in contravention of the said section; or

(d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or

(e) any omission, defect or irregularity not affecting the merits of the case.

(2) Every meeting of the Board or the Authority, minutes of the proceedings of which have been duly signed as prescribed, shall be taken to have been duly convened and to be free from all defects and irregularities.

120. (1) The Board and the Authority may associate with themselves in such manner and for such purposes, as may be prescribed, any person whose assistance or advice they may consider necessary in performing any of their functions assigned to them under this Act.

(2) Any person associated under sub-section (1) shall have the right to take part in the discussions in the meeting of the Board and the Authority relevant to the purpose but shall not have the right to vote and shall not be construed as a member for any other purpose.

121. (1) The Board may, by a resolution, direct that any power exercisable by it under this Act or rules or regulations made thereunder, may also be exercised by any Authority, orby any District Planning Committee and the municipal bodies constituted under the Sikkim Municipalities Act, 1995 or a panchayat constituted under the Sikkim Panchayat Act, 1993 as the case may be, or by any officer of the Board or the Government or the Authority, or the District Planning Committee or the rnuniclpal body or a panchayat as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

(2) The Chief Town Planner may, by an order in writing, delegate any power

exercisable by him under this Act or rules or regulations made thereunder, to any officer of the Board or the Government or any Authority or the District Planning Committee or the municipal bodies or a panchayat in such cases and subject to such conditions, if any, as may be specified therein, ,

(3) The Authority by a resoultion direct that any power exercisable by it under this Act or rules or regulations made thereunder, except the power to prepare perspective pian, development plan, annual plans or development schemes 01 to make regulations may also be exercisable by any other local authority or any officer of the Government or the Authority orthe District Planning Committee orthe municipal bodies or a.panchayat in such cases and subject to such conditions, if any, as may be specified therein:

Provided that the delegation to an officer of the Government shall require prior Government sanction.

(4) The Town Planning Member may, by an order in writing, delegated any power exercisable by him under this Act or rules or regulations made thereunder to any officer subordinate to him in such cases and subject to such conditions, if any, as Power of the may be specified therein.

Authority to

borrow

money.

Control by the

Government

and the

Board.

Suspension

of the devel-

opment plan

in emergency

by Govern-

-rnem.

Returns and

information.

Qualifications

ot the Ohie!

122. (1) Tt18 Authority may from time to time, borrow at such rate of interest and for such period and upon such terms, as the Government may approve, any sum of money required for efficient performance of the functions assigned to it under this Act and rules and regulations made thereunder.

(2) The Authority shall maintain a sinking fund for the repayment of money borrowed under sub-section (1) and shall pay every year into the sinking fund such sum as may be sufficient for repayment within the period fixed of all money so borrowed,

(3) The sinking fund shall be applied in or towards, the dicharge of the loan for which such fund was created and until such fund is wholly discharged, it shall not be applied for any other purpose,

123. (1) The Board and the Authority shall carry out such directions as may be issued to them, from time to time, by the Government for the efficient administration of this Act and the Authority shall also carry out such directions as may be issued, from time to time, by the Board for the purpose.

(2) In case of any dispute in connection with the exercise of its powers and discharge of its functions by the Board or any Authority under this Act, the decision of the Government on such disputes shall be final.

124. If tile Government is satisfied that a grave emergency exists 'iflfilicll necessitates the suspension of any approved development plan, annual plan or the development scheme or part thereof it may, by notification in the Official Gazette, suspend such plan, annual plan or development scheme or part thereof for such period, as it may consider necessary,

i25, (1) The Board and the Authority shall furnish to the Government such plans, reports, returns and other information, as the Government may, from time to time. require,

(2) The Authority, urban local bodies and the panchayats shall furnish to the Board, such plans, reports, returns and other information, as the Board may, from time to time, require.

Town Plan- ner and the Town Plan- ning Mem- bers of the Authority. Effect of laws.

126. The Chief Town Planner appointed under section 7 and the Town Planning Member of the Authority appointed under clause (e) of sub-section (5) of section 21 shall possess such educational qualifications from any institution recognised by the Institute of Town Planners, India, as may be prescribed.

i27. (1) Save as providedhereinbefcre, the provisions of this Act and the rules and regulations made thereunder shall have effect notwithstanding a,nything inconsistent 1 therewith constained in any other law.

(2) Notwithstanding anything contained in any such other law, when permis- sion for development has not been obtained under this Act, such development shall notbe deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development Power to fix has been obtained.

land values

within the de-

velopment

area.

Provisions of

the perspec-

tive plan to

stand modi-

fied in certain

cases.

Power to

make agree-

ment.

Power to

make rules,

128. (1) Notwithstanding anything contained in any law for tile time being in force, every Authority at an interval of ev'ery five years, after conducting such enquiry, as may be considered necessary, fix, by notification in the Official Gazette and in a local newspaper, the values of land in respect of each locality of the development area.

(2) Differe'nt values may be fixed for different localities in a development area after taking into consideration the use to which the land is put at the time of enquiry under sub-section (1).

(3) The notification fixing the values of land under sub-section (1) shall require prior Government approval.

129. After the coming into operation of a development plan of an area, the approved perspective plan of the same area shall stand modified or altered to the extent the proposals in the development plan are at variance with the perspective plan.

130. The Board or tile Authority may enter into agreement with any person, body, agency, promoter, company, society or the Government for discharging their duties and performing their functions assigned to them under this Act. '131. (1) The Government may, after consultation with the Authority only with regard to the matters concernig the Authority, may make rules by notification in the Official Gazette, to carry out all or any of thr purposes of this Act and prescribe forms for any proceedings for which it coniders that a form should be provided:

Provided that such consultation with the Authority shall not be necessary on the first occasion of the making of the rules under this section, but the Government shall take into consideration any suggestions which the authority may make in relation to the amendment of such rules after they are made.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of tile following matters, namely:-

(a) the functions and powers of the Board and the' Authority;

(b) the term of office and conditions of service of the members of the Board and the Authority;

(d) the time and place for holding of and the procedure to be followed in the meetings including quorum of the Board and the Authority;

(e) the powers and duties of the officers and employees of the Board;

(f) the qualifications, functions, powers and duties of the Chief Town Planner and the Town Planning Member of the Authority including their conditions of service;

(g) the time within which the regional development plan is to be prepared by the Chief Town Planner under section 12;

(h) the stages by which development may be carried out to be indicated in the regional development plan;

(i) the manner of nomination of representatives of local authorities under this Act;

(j) - procedure for exclusion from or inclusion in a development area under section 21;

(k) tile terms and conditions of the members of the Development Commit- tee constituted under sub-section (3) of section 23;

(I) the form in which the Map and the Register is to be prepared under section 30;

(m) the form in which the application for permission for development shall be made, particulars to be furnished and documents and plans which shall accompany such application together with the fee;

(n) the amount of fee to be paid for revalidation of permission under section 47;

(o) the manner in which and the purpose for which any Authority may associate with itself any person under the provisions of this Act;

(p) the control and restriction in relation to the appointment of officers and employees of the Board and the Authority including conditions of service of such officers and employees;

(q) theforrn and content of the perspective plan, the development plan, the. annual plan and the development schemes and the procedure to be followed in connection with their preparation, submission and approval and the form and the manner of their publication;

(r) the manner of appeal to the Authority under clause (b) of sub-section

(3) of section 51;

(s) the composition, management and conduct of functional agencies under sub-section (2) of section 61;

(t) the manner of auction of additional bui!tup space under sub-section (2) of section 62;

(u) the manner and procedure by which land shall be acquired through negotiated settlement under section 67;

(v) the manner of disposal of land by the Authority under section 68;

(w) the levy, manner of assessment and recovery of development charges exemption from its levy under sections 69, 70 and 71, and the manner of appeal under section "12;

(x) the procedure to be followed in granting license and the license fee to be paid by promoters under sub-section (1) of section 75; the form of application and documents to accompany, the amount of application fee, the format of the license term and the fee to be charged for revalidation of the license under section 76;

(y) manner in which development work by private sector and joint sector

shall be regulated under section 81;

(z) the manner in which a acquisition notice is to be served, and claim for. compensation is to be made, the time within which such claim is to be made and the procedure to be followed for assessment of compensa tion;

(za) the form of the budget of the Board and the Authority, the date on or before it shall be prepared, the manner of preparing it and the number of copies that has to be sent to the Government under section 84; (zb) the time by which and the manner in which the increase in stamp duty under section 86 shall be credited to the Development Fund of the Authority;

(zc) the details and documents to accompany the application for change of use of agricultural land under section 8;

(zd) the form and the date before which the annual reports are to be submit ted under section 91;

(ze) the manner of and conditions subject to which the pension and provident fund shall be constituted under section 92; and

(zf) any other matter whih has to be or may be prescribed by rules or any other matter for efficient administration of the objectives of this Act.

(3) The Government shall have powers to make rules (a) in respect of conditions on which officers and employees of the Authority may be appointed, reduced in rank, suspended, discharqed, removed or dismissed;

(b) in respect of accounts to be maintained by the Authority;

(d) prescribing and defining the mutual relationship to be observed between the Authority and the local authority in any matter in which they are jointly interested;

(e) in respect of principles, guidelines, planning standards, building regula- tions, conditions and restrictions in accordance with which development may be undertaken or regulated; .

(f) in respect of authentication of development plans at the time of approval by the Government and custody thereof and the procedure of its production before courts for verification;

(g) in respect of calling of tenders, security amount, acceptance of tenders, issue of work orders, entering into contract, execution of works, compro- mise of claims, and matters ancillary thereto;

(h) in respect of the stages of which the development of any particular feature of a zone may be carried out;

(i) in respect of the local enquiries or other hearings that may be made before a development plan is approved; .

U) in respect of the manner in which the Government land after transfer to the Authority shall be dealt with;

(k) in respect of matters relating to leasing or hiring out or transfer of any property belonging to the Authority and matters ancillary or consequential thereto;

(I) in respect of the powers to be exercised and the functions to be performed by the members of the Authority including the Chairman and the Vice- Chairman.

(4) In making any rule, the Government may provide that a breach thereof, shall

Power to make regula- tions.

be punishable with fine which may extend to one thousand rupees and in the event of the continuance of the offence, with an additional fine which may extend to thirty rupees for every day during which such breach continues after conviction for the first such breach.

132. (1) The Authority may, withthe previous approval of tile Government make regulations not inconsistent with this Act and the rules made threunderto carry out the purposes of this Act; and without prejudice to the generality of this power such regulations may provide tcr.-

(a) the powers and duties of the officers and employees of the Authority; the salaries, allowances and conditions of service of its officers and empioyees;

(b) the terms and conditions of the continuance of use of any land used otherwise than in conformity with a perspective planar development or an annual plan;

(c) the fees and allowances whlch may be paid to the members of the Advisory Council for attending its meetings under sub-section (5) of section 26;

(d) the summoning and holding of meetings of a Committee constituted under sction 27,the time and place where such meeting are to be held, the conduct of business at such meeting and the number of members necessary to form a quorum under sub-section (2) of section 27;

(e) the fee and allowances payable to tile members of the Committee (other than the mernbers of the Authority) for attending the meeting of the Committee or any other work of the Authority under sub-section (3) of section 27;

(1) works for the maintenance, improvement and other alterations of any building for which permission shall not be required under section 44;

(g) tile form in which application for permission under sub-section (1) of ,., section 45, the particulars to be contained in and tl~e documents to be accompanied with such application;

(h) the manner in which order under sub-section (2) of section 45 shall be communicated to the applicant under sub-section (5) of section 45;

(i) the amount of leviable users' charges and its manner of collection under sub-section (2), and terms and conditions incluiqing beneficia- ries from which users' charges may be collected under sub-section (3) of section 89;

(j) the principles, guidelines, planning norms and standards, building regulations, conditions and restrictions in accordance with whic!l developments may be undertaken or rgulated; and

(k) any other matter which has to be or may be prescribed by regulations and or any matter for efficient administratin of the objectives of this Act.

(2) Until theAuthority is established under this Act, any regulation which may be made under sub-section (1), may be made by the Government and a,ny regulation so made may be altered or rescinded by the Authority in exercise of its powers under sub-section (1);

. (3) The regulations so made shall be published in the Official Gazette and shall Cancellation come into force on the date of such publication. of regulation

\ \ \ by the Gov- ernment. Laying of rules before State tegis- teture.

Dissolution or the Authority. Repeal and Savings. ,j

133. The Government may, in consultation with the Authority and after previous publication of thier intention, rescind an)' regulation made b}' the Authority, and thereupon such regulations shall cease to have effect.

134. ('1) All rules made under this Act shall be laid for not less than thirty days. before the State Legislature, as soon as may be, after they are made and shall be subject to such modifications as the legislature may make during the session in which they are so laid or the session immediately following,

(2) AI! rules so made and after action completed under sub-section ('I), shall be published in tile Official Gazette and shall come into force on the date of such publication,

'j 35. (1) Where the Government is satisfied that the purpose for which any Authority was constituted under this Act has been substantially achieved so as to render the continued existence of such authority unnecessary, the Government may, by notificaion in the Official Gazette, declare that the Authority shall be dissolved and cease to exist with effect from such date as may be specified in the notification and the Authority shall 'be deemed to be dissolved and cease to exist accordingly.

(2) From the said date:-

(a) all properties, funds and dues which are vested in, or realisable by the Authority shall vest in or be realisable by the Government or any agency or agencies, as may be specified by the Government in this behaif;

(b) all liabilities which are enforceable against the Authority shall be enforceable against the Government;

(c) for the purpose of reallsinq properties, funds and dues referred to in clause (a), the functions of the Authority shall be discharged by the Government.

136. CI) The Sikkim Town and Country Planning and Restriction on Transfer and use of Lands Ordinance, 1997 is hereby repealed.

(2) The Sikkim Allotment of House Sites and Construction of Building (Regu- lation and Control) Act, 1985 and the Sikkim Building Constructions Regulation, 1991 shall cease to apply to the development areas declared under this Act.

(3) Notwithstanding such repeal, anything done or any action taken or purport- ing to have been done or taken (including any rules, notifications or orders made or issued) in exercise of any power, conferred by or under the said Ordiance and the Act shall, so far as it is not consistent with the provisions of this Act, be deemed to have been done or taken under this Act. . I

By Order of the Governor,

T. D. RINZING.

Secretary to the Govt. of Sikl

F. No. 16 (295) lD/93 ~99

SIKKIM

GOVERNMENT

GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Gangtok Monday 8th September, 2008 No. 390 GOVERNMENT OF $IKKIM

LAW DEPARTMENT

GANGTOK

No. 29/LD/P/2008 Date: 19.08.2008

NOTIFICATION

The following Act passed by the Sikkim Legislative Assembly and having received the assent of the Governor on the 4th day of August, 2008 is hereby published for general information:-

THE SIKKIM URBAN AND REGIONAL PLANNING AND

DEVELOPMENT (AMENDMENT) ACT, 2008

(ACT NO. 29 OF 200B)

ACT

further to amend the Sikkim Urban and Regional Planning and Development Act. 1998. Be it enacted by the Legislature of Sikkim in the Fifty-ninth Year of Republic of India as follows» Short title, 1. (1) This Act may be called The Sikkim Urban and Regional Planning and Development extent and (Amendment) Act. 2008.

commencement

(2) It shall extend 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.

Amendment of 2.

Section 2.

In the Sikkim Urban and Regional Planning and Development Act. 1998 (hereinafter referred to as the "said Act").-

(i) for sub-section (5) of Section 2. the following entry shall be substituted. narnely.-

"(5) "Authority" means Authority constituted under section 3A of the Act, Development

Authority constituted under sub-section (3) of Section 21 and Authority constituted under SUb-section (3A) of Section 21 of the Act; (ii) in sub-section (13) of Section 2 of the Act, after the words. "building or land" and before the words. "and includes" the following words shall be inserted. namely,- "or removal or relocation of building or house or structure or hut etc.".

Insertion of new 3. Section 3A.

Insertion of new 4. Section 4A.

Amendment of

Section 21.

Amendment of

Section 24.

Amendment of

Section 26.

In the said Act, after the existing Section 3, the following new Section shall be inserted, namely,

"Appointment of authority'3A-

(1) Where a Board under sub-section (1) of Section 3 of the Act has not been constituted, the Government may appoint such person or such official of the State Government, as it may deem fit, as an Authority to carry on the functions of the Board; .

(2) the Authority constituted under sub- section (1) may be aided by members not exceeding three in number, as may be appointed in this behalf by the State Government".

In the said Act, after the existing Section 4, the following new Section shall be inserted, namely:-

"Functions and Power of Authority. 4A - The Authority constituted under Section 3A of the Act shall carry on the functions and powers of the Board as provided under Section 4 of the Act till the Board is constituted".

5. (1) In the said Act, after sub-section(3) of Section 21, the following sub-section shall be

. inserted, namely-

"(3A)- Where under sub-section (3) no Development Authority has been constituted but an Authority has been constituted under Section 3A of the Act whose powers and functions has been specified under Section 4A of the Act, the Authority so constituted under section 3A of the Act may also be designated as the Development Authority till such Development Authority is constituted under sub- section (3)01 the Act on a new Development Authority may be constituted consisting of not more than three persons".

6. (1) In the said Act, after sub-section (1) of Section 24, the following sub-section shall be inserted, namely,-

"(2) The Development Authority constituted or so designated under sub-section (3A) of Section 21 of the Act, shall exercise the powers and functions of Development Authority provided under sub-section (1t.

7. In the said Act, after SUb-section (5) of Section 26, the following sub-sections shall be inserted, namely:-

"(6) Where Advisory Council under sub-section (1) has not been constituted consisting of members as contained in SUb-section (2), the State Government may constitute a new Advisory Council consisting of not more than two members".

"(7) TheAdvisory Council constitufed under SUb-section (6) shall carry onwith the same powers and functions of Advisory Council as provided under the Act".

BY ORDER.

R.K. PURKAYASTHA (SSJS)

LR-cum-Secretary Law Department

File No. 16 (82)/ LD/P/2008 S.G.P'G. - 3901Gazette 1150 Nos.IDt:- 8.9.2008.

THE SUBSEQUENT AMENDMENTS TO THE SIKKIM URBAN AND REGIONAL PLANNING AND DEVELOPMENT ACT, 1998 (ACT NO. 7 OF 1998) AMENDED AND

UPDATED UPTO SEPTEMBER, 2008