Bare ActsThe SIKKIM PUBLIC WORKS (LIABILITY OF GOVERNMENT AND CONTRACTOR) ACT,1983

Section 5

The Officer authorised under

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

The Officer authorised under .section 4 (her~inafter referred to as the authorised officer) shall at the time of such entry pay; Or tender payment vfor allavoidable -damage done or proposed to be done arid, incase of dispute as 'to the ~uffidency'of the amount .so paid Or tendered, heshilll at once refer the dispute to the' decision ofv theCollector whose decision shall .be final,', .: , .' "; '. " '.. . ... :. .' ,. :. , ~.. ~. <: .••• I ~",~ .. /", . I .f \' I. i/ Ird I !, Whenever it notification has becn issued under section 3, it shal] be Lw- Ful for the authoriscd officer or his employces, servants and workmen to ('11(,]' and f\(J11C lish <'11)' iJuil(1ing or other construction on the surface, to cut down or grub up all or ;ny trees, to IT1110Ve or alter all or any of the h~J'ks, fences, hcclrrcs and ditch s, to make \,ncl"rgwuncl. and other drains, to fill I1p ell CXci\l';tons, and dr-rno lish all hUildings and other constructions hclow the sllria('c, ul,d generally to level and clear the said Iand anr] to do illl such acts for levelling and clearing the ,ame as he may deem necessary or propcr, Inn. in such manner nevertheless that evidence of t!'ie bounda- rics held by dilfen:,nt owners lll~y be preserved. In case of t'llwrgcnc)" the Covcrnmcnt may, by notification, declare th"t ,.II 01' an)' powers conferred by suh-sccuon (I) may be exercised at ~]1y time within one month after the public.u ion of the notification under sc ction 3 and such po"vers may he exercised accordingly. Norhin« in sub-section (I) shall preclude the authortsed d1-lCer or his ('mpl())~('s, servants ariel workmen frOTH exercising at any tirne the said. POW('I"S I'()I- till' purpose of removing, wholly or in part, any builcling or other ohstl'llCJioll, maintaine-d, created or added to, altered, planted, stacked, stored or otherwise accumulated in contravention of this Act OJ' of any rules or order made thereunder. 7, On ;Jilt! fr()],ll the: dat:<' of puhlication of the notification under section 3, such of the [0 !lowing rcst rictions, as the Government Il1<1Y, in its discretion, declare therein, sha 11 attach with ('eference 11) such land, namely :- (I) (a) IlO variation shall be made in the ground-level, and no building, wall, bank or other construct ion above the £,I-Olllld shall Le maintained, erected, added to or altered ot he rw isc than witl~ 1'1w previous written approval of the Go- vernment or any officer autho i-iscd by it in this behalf; no wood, earth, stone, brick, gmvel, sand 01' ot-her material shall be :;tac.Jed or stored or otherwise accumulated, and if any of such materials have been stacked or stored they shall be removed forthwith; (c) no Jive-hedge;" rows or clumps of trees or orchards shall be maintained, planted, arlclecl to or altered otherwise than with the previous approval of the Governlllent or any officer authoriser] by it ill. this behalf.

Section 5 – The SIKKIM PUBLIC WORKS (LIABILITY OF GOVERNMENT AND CONTRACTOR) ACT,1983 | DailyLaw.ai