Amendment status not verified — confirm the current text below against the official source.
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; I (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; (c) any material alteration or enlargement of any building; (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; I (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; (c) a rent free occupant of any 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; (c) national waterways; (d) major ports; (e) airways and aerodromes; . (f) posts and telegraphs. telephones, wireless, broadcasting and other like forms of communication; 3 (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:nrespect 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; I • (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 4 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 ,iscovered 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, I 5 · ' 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; (c) the conversion into more than one place for human habitation of a building originally constructed as one such place; (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,