Amendment status not verified — confirm the current text below against the official source.
(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 18 .., 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; (c) existing land use; (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- 19 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 20 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 it may 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 21 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.