The SIKKIM URBAN AND REGIONAL PLANNING AND DEVELOPMENT ACT,1998
sikkim · 1998
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Sikkim Urban and Regionai Planning and Development Act, 1998
- S. 2Section 2 defines key terms used in the Sikkim Urban and Regional Planning and Development Act, 1998, including agriculture, amenities, and development plans.
- S. 3(I) As soon as may be, after the commencement of this Act
- S. 4(1) Subject to the provisions of this Act and the rules framed thereunder
- S. 5Section 5 outlines the terms, service conditions, allowances, and resignation process for Board members in the Sikkim Urban and Regional Planning Act.
- S. 6Section 6 outlines the meeting frequency and procedural requirements for the Board under the Sikkim Urban and Regional Planning Act.
- S. 7Section 7 appoints a Chief Town Planner to advise the government on urban and regional planning and to assist in formulating development plans.
- S. 8Section 8 provides for the Chief Town Planner's office to serve as the Board's technical secretariat and authorizes the government to supply necessary additional staff.
- S. 9(1) The State Perspective Pian, after approval by the Board, shall be for- warded to the Government
- S. 10(1) At least once in ten years from the date of approval of the State Perspective revision of Plan by the Government und
- S. 11Section 11 allows the government to designate, merge, split, and adjust regional planning areas and apply relevant rules to them.
- S. 12Section 12 mandates the Chief Town Planner to prepare a regional development plan and requires government departments to provide necessary data.
- S. 13Section 13 outlines the components and considerations for a regional development plan in Sikkim, including land use, conservation, infrastructure, and environmental protection.
- S. 14Section 14 allows the government to mandate the Chief Town Planner to create and submit a regional development plan for any area to the Board.
- S. 15The Chief Town Planner revises the regional development plan based on Board feedback.
- S. 16Section 16 outlines the process for public review and approval of the regional development plan in Sikkim.
- S. 17Section 17 mandates the government to approve or modify the regional development plan within sixty days or request revisions.
- S. 18Section 18 mandates the Chief Town Planner to publish the approved regional development plan and requires all development activities in the area to conform to it.
- S. 20Section 20 allows the government to direct the Chief Town Planner to revise a regional development plan if deemed necessary.
- S. 21Section 21 establishes development areas and creates a Development Authority to oversee their proper development.
- S. 22withdraw a development area from operation of this Act
- S. 23Section 23 allows the government to appoint local authorities as development authorities for declared development areas.
- S. 24Section 24 outlines the functions of development authorities in Sikkim, including land use mapping, planning enforcement, and project execution.
- S. 25Section 25 authorizes the Authority to appoint staff and determine their salaries and conditions of service.
- S. 26(1) The Government shall, as soon as may be after the constitution of the Authority, by notification
- S. 27Section 27 allows the Authority to form committees for various purposes and sets rules for their meetings and member compensation.
- S. 28The objects of the Authority shall be to promote and secure the development Authority
- S. 29The Authority while carrying out its functions, shall operate on general business acton general principles
- S. 30Section 30 mandates the preparation of land use maps and registers within a year after regional and development area declarations.
- S. 31Section 31 outlines the process for adopting and publishing the Map and Register after public objections are considered.
- S. 32Section 32 mandates the government to direct the Board or Chief Town Planner to prepare urban and regional planning maps and registers if they are not prepared timely.
- S. 33Section 33 mandates the Authority to prepare a 20-25 year perspective plan for declared development areas, incorporating socio-economic and environmental factors.
- S. 34Section 34 deems existing master or development plans made under other laws as perspective plans under this Act.
- S. 35Section 35 mandates the government to direct the Chief Town Planner to prepare a development plan if the Authority fails to do so within the prescribed period.
- S. 38Section 38 outlines the process for approving and modifying development plans in Sikkim, involving the Authority, Chief Town Planner, and District Planning Committee.
- S. 39Section 39 mandates the Authority to review and update perspective and development plans every ten and three years respectively, with specific timelines for preparation and approval.
- S. 41Section 41 states that if an approved development plan conflicts with the approved perspective plan, the former takes precedence.
- S. 42Section 42 allows the modification of urban planning perspectives or development plans, subject to public review and government approval.
- S. 43Section 43 prohibits land use or development in areas after a plan's enactment except in accordance with it, with exceptions for existing land uses.
- S. 44Section 44 prohibits development in planning areas without a certificate and written permission, except for specific maintenance, government works, and agricultural activities.
- S. 45Section 45 requires applicants to seek permission from the Authority for land development, with the Authority having discretion to grant, condition, or refuse permission.
- S. 46Section 46 allows aggrieved applicants to appeal planning permission orders to the Government within specified timeframes.
- S. 47Section 47 allows the revocation or modification of development permissions if the land becomes incapable of beneficial use or the owner claims inability to sell due to planning designation.
- S. 48acquire land on refusal of or on grant of permission in certain cases
- S. 49Section 49 allows the Authority to revoke or modify land development permissions if deemed necessary, and provides compensation for owners whose work becomes abortive.
- S. 51Section 51 mandates the Authority to issue notices to landowners for restoration, compliance, or payment of charges for unauthorized land development.
- S. 52Section 52 mandates the Authority to require the removal or discontinuation of unauthorized land development and penalizes non-compliance.
- S. 53Section 53 allows the Authority to order unauthorized temporary developments to be removed and directs costs recovery from the owner.
- S. 54Section 54 empowers the Authority to require discontinuance, impose conditions, or mandate alterations or removals of buildings for urban planning purposes.
- S. 55Where the Authority in exercise of its functions and powers with respect to any area under it
- S. 56Section 56 overrides any conflicting municipal laws in favor of the Sikkim Urban and Regional Planning and Development Act, 1998.
- S. 57(1) Subject to the provisions of this Act and rules and regulations maae 31 Authority to engage con- sultants
- S. 58Section 58 outlines the preparation of development schemes for various urban and regional planning activities in Sikkim.
- S. 59Section 59 allows the Authority to hire consultants for development schemes on agreed terms.
- S. 60Section 60 mandates the publication and public inspection of development schemes, inviting objections, and approving them after considering public feedback.
- S. 61Section 61 allows the Authority to establish functional agencies with government approval for specific functions, enhancing efficiency.
- S. 62Section 62 allows the Authority to prepare and auction schemes for additional built-up space in areas with improved infrastructure.
- S. 63(1) Any land required, reserved or designated in a perspective plan
- S. 64Section 64 allows land acquisition under certain conditions, only if specified infrastructure and services are fully operational.
- S. 65The Authority may acquire any movable or immovable property by purchase, exchange, gift, lease, mortgage
- S. 66The Government may
- S. 67Section 67 allows the Authority to acquire land through negotiated agreements and prescribed methods.
- S. 68Section 68 outlines the disposal of acquired land and other properties by the Authority as per the rules made by the Government.
- S. 69(1) Subject to the provisions ofthis Act and the rules made thereunder
- S. 70Section 70 classifies land and building uses into categories and sets development charge rates for different uses and changes.
- S. 71Section 71 mandates developers to apply to the Authority for assessment of development charges for any land development without necessary permissions.
- S. 74Section 74 allows promoters to undertake development work within the planning authority's jurisdiction, subject to the Act's provisions and related rules.
- S. 75Section 75 authorizes the Authority to issue licenses for development projects, with prior government approval for international promoters, ensuring development charges are settled.
- S. 76Section 76 requires promoters to apply for a development license from the Authority, subject to cost limits and adherence to planning and building rules.
- S. 77Section 77 requires promoters to deposit 25% of collected advance payments into a scheduled bank account for development work completion.
- S. 78Section 78 mandates reserving a portion of developed plots for economically weaker sections and distributing their development costs among other plots.
- S. 79Section allows the Authority to permit promoters to recover capital and maintenance costs through user charges as per regulations.
- S. 80Section 80 allows the Authority to collaborate with promoters or agencies for joint development projects, subject to mutual agreement and government approval for international collaborations.
- S. 81The Government shall frame rules for regulating development works by private-sector and under joint-sector
- S. 82Section resolves disputes between the Authority and promoters through arbitration under the 1940 Arbitration Act.
- S. 83(1) The Auithority shall have and maintain a separate fund called "development fund" to which shall be credited -
- S. 84T!18 Board and every Authority, shall prepare in such form and at such time evmy year, as may be prrescribecl, a budget
- S. 85Section 85 mandates authorities to maintain records and undergo state audit, and increases transfer duty for properties under their jurisdiction.
- S. 87Section 87 requires landowners to apply to the Authority for permission to change agricultural land use and pay a charge based on the land's value difference.
- S. 88Section 88 mandates the Authority to contribute half a percent to the Board and one and a half percent to the District Planning Committee from its development fund.
- S. 89Section 89 allows the Authority to levy user charges to recover costs and may delegate utility maintenance to others.
- S. 90Municipal bodies must contribute at least 10% of their previous year's total receipts to the development fund as specified by the government.
- S. 91Section 91 mandates the Board and Authority to annually submit reports on their activities to the Government and State Legislature.
- S. 92Section 92 establishes pension and provident funds for the Board and Authority's employees and may apply existing Sikkim service rules.
- S. 93Section 93 outlines the government's scheme to dissolve existing authorities and transfer their assets, employees, and liabilities to the new urban planning authority.
- S. 94Section 94 prohibits building or land alterations in planning areas without permission from the Chief Town Planner or relevant authority.
- S. 95Section 95 authorizes town planners and authorized officers to enter land or buildings for inspections, surveys, and enforcement of planning regulations.
- S. 96Section 96 outlines the deemed service of documents under the Sikkim Urban and Regional Planning and Development Act, 1998.
- S. 97Section 97 mandates public notices under the Act to be widely disseminated and specifies reasonable time frames for actions if not otherwise defined.
- S. 98Section 98 requires all documents from the Chief Town Planner or the Board to be signed by an authorized officer.
- S. 99Certified copies of documents held by the Board or Authority are admissible as evidence in court.
- S. 100Section 100 protects board members from being compelled to testify or produce documents in unrelated legal proceedings unless a court orders it for special reasons.
- S. 101Section 101 restricts utilities from connecting new buildings in development areas without a no-objection certificate from the Authority.
- S. 103Section 103 prohibits local authorities from making rules on urban planning matters without ensuring they comply with development plans.
- S. 105Section 105 requires a non-objection certificate for registering land transfers in development areas, except for specific exemptions.
- S. 106Notwithstanding anything contained in the law for the time being in force in Sikk
- S. 107Section 107 holds company officers liable for offenses committed by the company, with exceptions for due diligence and lack of knowledge.
- S. 108If any person- (a) obstructs
- S. 109Section 109 requires prior Board or Authority approval for prosecuting offenses under the Act.
- S. 110Section 110 allows the Board or Authority to compound offenses under the Act, discharging offenders if in custody.
- S. 111Section 111 empowers the Court of Judicial Magistrate of First Class to take cognizance of offences under the Act, with complaints filed by Under Secretary or above within three months.
- S. 112Section 112 allows parties in proceedings before the Board or Authority to appear in person or via a written-authorized agent.
- S. 113No Court inferior to that ofa Magistrate of the First Class shall try an offence punishable under this Act
- S. 114Section 114 mandates fines from prosecutions under the Act to be paid to the concerned Authority as prescribed.
- S. 115Section 115 deems board and authority members and employees as public servants under the Indian Penal Code, protecting their actions.
- S. 116No suit
- S. 117Section 117 mandates police officers to cooperate, report offenses, and assist the Authority in enforcing the Act.
- S. 118Section 118 makes all orders or notices issued under the Act final and not subject to legal challenge.
- S. 119Section 119 protects actions under the Act from being invalidated due to minor procedural defects or vacancies.
- S. 120Section 120 allows the Board and Authority to invite non-members for advice without voting rights.
- S. 121Section 121 allows the Board and Chief Town Planner to delegate planning powers to local authorities and officers.
- S. 122Section 122 allows the Authority to borrow funds for its functions and mandates the creation of a sinking fund for loan repayment.
- S. 123Section 123 mandates the Board and Authority to follow government and Board directives for Act administration, with government decisions final on disputes.
- S. 124Section 124 allows the government to suspend approved urban development plans during a grave emergency.
- S. 126Section 126 ensures that the Chief Town Planner and Town Planning Authority members meet specified educational qualifications and overrides conflicting laws for development without this Act's permission.
- S. 128Section 128 mandates authorities to periodically determine and publicly announce land values in development areas, with government approval.
- S. 129Section 129 modifies the approved perspective plan to align with the development plan after its implementation.
- S. 130Section 130 allows the Board or Authority to form agreements for fulfilling duties under the Act, while Section 131 empowers the Government to make rules and prescribe forms for Act implementation.
- S. 132Section 132 authorizes the Authority to make regulations for various administrative and operational aspects of the Act, including staff duties and salaries, land use terms, and fees for committee members.
- S. 133Section allows the Government to rescind regulations made by the Authority after consultation and prior publication.
- S. 134('1) All rules made under this Act shall be laid for not less than thirty days
- S. 136CI) The Sikkim Town and Country Planning and Restriction on Transfer and use of Lands Ordinance, 1997 is hereby repealed
- S. 19916 State Urban and