SIKKIM TOWN AND COUNTRY PLANNING ACT, 2024

Act No. 10 of 2024

22nd March, 2024

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

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S.1 Short title, extent and commencement

(1) This Act may be called the Sikkim Town and Country Planning Act, 2024.

(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 Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

S.2 Definitions

In this Act, unless there is anything repugnant in the subject or context,

• (a) "Agriculture" includes horticulture, farming, growing of crops, fruits, vegetable, flowers, grass, fodder and trees or any kind of cultivation of soil, breeding and keeping of livestock including cattle, 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 garden to be used along with such building, and "agricultural" shall be construed accordingly;
• (b) "Amenity" includes roads and streets, water, gas and electric supply, open spaces, parks, recreational grounds, playgrounds, cultural centers, natural features, street lighting, sewerage, drainage, public facilities and such other utilities, services and conveniences;
• (c) "Annual plan" means a plan conceived within the framework of the master plan of the development area
  

S.Chapter II SIKKIM TOWN AND COUNTRY PLANNING BOARD

S.3 Sikkim Town and Country Planning Board

(1) 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 out the functions assigned to it under this Act, the Sikkim Town and Country Planning Board.

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

Member	Role
(i) Chief Minister	Chairperson
(ii) Minister-in-charge of Urban Development Department	Vice Chairperson
(iii) Minister-in-charge of Rural Development Department	Vice Chairperson
(iv) Chief Secretary of the State	Member
(v) Principal Secretary, Planning and Development Department	Member
(vi) Principal Secretary, Finance Department	Member
(vii) Secretary, Land Revenue Department	Member
(viii) S

S.4 Functions and powers of the Board

(1) Subject to the provisions of this Act and the rules framed thereunder, the functions of the Board shall be to advise the Government in matters relating to policy formulations for planning, development and implementation of State programmes and use of rural and urban land in the State, and to guide, direct and assist the District Planning Committee constituted under section 127 of the Sikkim Panchayat Act, 1993, section 255-A of the Sikkim Municipalities Act, 2007 and the Sikkim Panchayat and Municipalities (Election of Member of District Planning Committee, Manner of Convening Meeting and Power and Function of the District Planning Committee) Rules, 2012.

(2) In particular and without prejudice to the generality of the foregoing provisions, the Board shall, with the advice of the Chief Town Planner of the State, formulate perspective plan within 3 (three) years from the date of commencement of this Act for achieving spatio-economic development and social justice. Such a

S.5 Terms of office and conditions of service of the Members of the Board

(1) The term of office and conditions of service of the members of the Board shall be such as may be 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 (xxiii) of subsection (2) 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.

S.6 Meeting of the Board

(1) The Board shall meet at such times and places, not less than once in a calendar year and shall 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-Chairpersons or in the absence of both, any member chosen by the members present from amongst themselves shall preside at a meeting of the Board.

S.7 State Chief Town Planner and his functions

(1) For the purpose of advising the Government matters related to town and country planning and development and also to perform the functions specified in sub-section (2) of section 4, the Government shall by notification designate the Chief Town Planner of the State.

(2) The Government shall provide the Chief Town Planner such establishment consisting of such officers and staff as may be necessary.

(3) The pay and allowances of the Chief Town Planner 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 be to,-

• (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 Urbanization Policy and State Perspective Plan;
• (c) render technical guidance and assistance to the Distri
  

S.8 Office of the Chief Town Planner to function as technical secretariat for the Board

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.

S.9 Approval of State Perspective Plan

(1) The State Perspective Plan, after approval by the Board, shall be forwarded to the Government.

(2) On receipt of the State Perspective Plan the Government may publish the salient features of such a plan in at least 2 (two) local newspapers and digital media 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, if 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 Plan by the State Government.

S.10 Review and revision of State Perspective Plan

(1) At least once in 10 (ten) years from the date of approval of the State Perspective Plan by the Government under sub-section (4) of section 9, the Board, with the assistance of the Chief Town Planner, shall review such plan and prepare a fresh State Perspective Plan for a period of 25 (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.

S.11 Declaration of Regional Planning area

(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 Regional 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

S.12 Preparation of Regional Development Plan

(1) As soon as may be, after the declaration of the Regional 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 on 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 plan for such area together with a report explaining the various aspects of the developments proposed in such plan.

(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 to the Chief Town Planner in the preparation of the regional development plan.

S.13 Contents of a regional development plan

(1) Subject to the provisions of this Act and any rules made there under, 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 recreation, botanical and zoological gardens, natural reserves, animal sanctuaries, dairies and health resorts and for preservation, conservation and development of area of natural scenery, forests, Wil
  

S.14 Power of Government to require the Chief Town Planner to prepare a regional development plan for any area

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

S.15 Board to consider the regional development plan

The Chief Town Planner shall submit the regional development 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.

S.16 Public notice of the regional development plan

(1) The Chief Town Planner shall notify the regional development plan, as modified under section 15, in the Official Gazette, and also in one or more local newspapers, indicating therein the place or places where copies of the same may be inspected and inviting comments in writing from the public on the regional development 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 Official 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 Planner shall, if necessary, revise the regional development plan, in the light of any notifications suggested by the Board and submit them to the Government together with the comments received from the public on the regional developm

S.17 Approval by the Government

(1) The Government shall, within 60 (sixty) days from the date of receipt, either approve the regional development plan as submitted to it under section 16 or may approve the regional development plan with such modifications as it may consider necessary, or may return the same 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.

(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.

S.18 Publication of the regional development plan

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

S.19 Effect of the regional development plan

On and from the date of publication of the regional development plan under section 18 for an area, all development programmes undertaken within that area by 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.

S.20 Revision of the Regional development plan

If the Government, at any time, after a regional development plan has been published in the Official Gazette under section 18, but at least once in 5 (five) years therefrom, is of the opinion that a revision of such regional development plan is necessary, it shall 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 regional development plan shall, as far as may be, apply to the revision of a regional development plan under this section.

S.21 Declaration of development area and constitution of Development Authority

(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 notification, 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 constituted having a perp

S.22 Power to withdraw a development area from operation of this Act

(1) The Government may, if it is of opinion that it is necessary to do so 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 or conferred thereunder shall, cease to apply to the 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,
  

S.23 Appointment of local authority as development authority

(1) The Government may, in consultation with the Board, appoint any local authority as the development authority for 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 (1), 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 this section shall, for the purpose of performing the functions of a development authority under this Act, by notification constitute a Development Committee consisting of the following, namely;-

• (a) Secretary, Urban Development Department to be the Chairman;
• (b) Municipal Commissioner/ Municipal Executive
  

S.24 Functions and powers of development authority

(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 existing land use map;
• (b) prepare and enforce a perspective plan;
• (c) prepare and enforce a development plan;
• (d) prepare and enforce an annual plan;
• (e) prepare and enforce development 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 t
  

S.25 Staff of the Authority

(1) Subject to such control and restrictions as may be prescribed by rules, the Authority may appoint officers and employees (including experts for technical work) as may be necessary for the efficient performance of its functions and may determine their designations and grades.

(2) The 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.

S.26 Advisory Council

(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 schemes and on such other matters relating to the planning of development, or arising 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:-

• (i) the Hon'ble Minister, Urban Development Department, who shall be the Chairman;
• (ii) a member of the Sikkim Legislature, representing the whole or any part of the development area, to be nominated by the Government;
• (iii) members not exceeding three in number to be nominated by the Government who are elected members of the District Planning Committee or the municipal bodies constituted under the Sikkim Municipalities Act, 2007 or the Panchayats constituted un
  

S.27 Constitution of Committee

(1) The Authority may constitute as many committees consisting wholly of members or wholly of other persons or partly of members and partly of other persons 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.

S.28 Objects of the Authority

The objects of the Authority shall be to promote and secure the development of all or any of the areas comprised in the development area concerned according to plan and for that purpose the Authority shall have power to 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 coordinating 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 authorizing the disregard by the Authority of any law for the time being in force.

S.29 Authority to act on general business principles

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

S.30 Preparation of Existing Land Use Map and Register

The Authority shall, after the declaration of the development area under section 21, prepare an Existing Land Use Map and Land Use Register in the prescribed form indicating the present use of every piece of land in 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.

S.31 Notice of the preparation of the Map and the Register

(1) After the preparation of the Map and Register under section 30, the Authority of the development area shall publish a public notice stating that such Map and Register has been prepared, and indicating therein the place or places where copies of the Map or Register, or both may be inspected, inviting objections in writing from any person with respect to the map and Register within 90 (ninety) days of the publication of such notice.

(2) After the expiry of the period mentioned in sub-section (1), an officer designated by the Authority or a Committee appointed by the Authority for the purpose, as the 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 Authority, as the case may be.

(3) The Authority, as the case may be, shall 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

S.32 Power of the Government in case of default of Authority to prepare the Map and Register

(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 Authority is not taking steps necessary to prepare such a map or register within that period, the Government may direct the Board to prepare the Map and the Register.

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

(3) Any expenses incurred under this section in connection with the preparation and publication of a Map and Register in respect of a development area shall be met by the concerned Autho

S.33 Preparation of perspective plan of development area and its contents

(1) As soon as may be, after the declaration of the development area under section 21 of this Act, the Authority shall, after such declaration, prepare in consultation with the local authorities concerned, a 20 (twenty) to 30 (thirty) years perspective plan of the development area including such contiguous areas thereto, as may be considered necessary or as the 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 socio-economic 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;
• (c) existing and proposed land uses;
• (d) economic development in primary, secondary and tertiary sectors as may be applicable;
• (e) poverty alleviation and em
  

S.34 Existing plan to be deemed as perspective plan

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

S.35 Power of Government in case of default of development authority to prepare the Plan

(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 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 of the Authority under section 37 and 48.

S.36 Preparation of development plan of development area and its contents

(1) Every Authority shall 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.

(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 provisions of 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 development therein shall be carried out. In particular it shall, provide, so far as may be necessary for all or any of the following:

• (
  

S.37 Approval of perspective plan of development area

(1) As soon as may be, but not later than 90 (ninety) days of the preparation of the perspective plan of a development area, the concerned Authority shall accord its consent to the contents of the perspective plan and forward it to the Chief Town Planner and the District Planning Committee for concurrence.

(2) The Chief Town Planner and the District Planning Committee respectively, within 90 (ninety) days from the date of receipt of the perspective plan forwarded to it under sub-section (1) shall examine it in the light of the State perspective plan and the District Planning Committee in the light of the draft development plan, if any, of the district concerned and communicate in writing the concurrence to the State perspective plan and the draft development plan of the district, as the case may be, with or without specific modifications.

(3) On receipt of the concurrence under sub-section (2), the Authority shall, not later than 60 (sixty) days, modify if necessary,

S.38 Approval of development plan

(1) As soon as may be, but not later than 30 (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/its concurrence, in writing to the development authority of the 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 30 (thirty) days, the development plan in the light of the specific modifications suggested in the concurrence letter

S.39 Review, revision and preparation of fresh perspective plan of the development area

(1) Immediately after the expiry of 15 (fifteen) 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 20 (twenty) to 30 (thirty) years from the date 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 plan.

S.40 Review, revision and preparation of fresh development plan of the development area

(1) Immediately after the expiry of 15 (fifteen) years from the date of approval of the development plan of the development area under section 38, the Authority shall review such plan and prepare a fresh development plan for 5 (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 approval:

Provided that the time period taken for the review and preparation of fresh development plan shall not exceed 2 (two) months.

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

S.41 Provisions of development plan to prevail

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.

S.42 Modifications in i perspective plan or development plan of development area

(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 30 (thirty) days from the date of aforesaid publication of the notice, and after giving an opportunity of being heard to such persons who have made request for being heard and after considering the objections and suggestions finalize 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 modifications with or without variations or refuse to approve the modification by a notification, in the Official Gazette and in at l

S.43 Use and development of land to be in conformity with the development plan, or development scheme

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 period not exceeding ten years, upon such terms and conditions as may be prescribed by the regulations made in this behalf, of any land 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.

S.44 Prohibition of development

(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 development charges as leviable under this Act have been paid or that no such development charges are leviable; and
• (b) without obtaining the permission in writing as provided for hereinafter:

Provided that no such permission shall be necessary:-

• (i) for carrying out such works for the maintenance, improvement or other alteration of any building, which affects only the interior of building or which do not materially affect the external appearance of the building;
• (ii) for carrying out by the Central or the State Government or any local authority of any works required for the maintenance or improvement of a highway, road or public street, being works carried out o
  

S.45 Permission for development

(1) Any person or body intending to carry out any development on any land shall make an application in writing to the Authority for permission in such form containing such particulars and accompanied 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 subject 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
    

S.46 Appeal against refusal or conditional grant of permission

(1) Any applicant aggrieved by an order passed under sub-section (2) of section 45 may appeal, within 1 (one) month of the communication of that order or if no order is passed, after the expiry of the period of 3 (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 appeal and after giving reasonable opportunity to the appellant 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.

S.47 Lapse of permission

Every permission for any development granted under this Act shall remain in force for a period of 3 (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 for fresh permission under this Act.

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

(1) Where:-

• (a) any land is designated 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
• (c) any land is indicated in any plan as land on which a highway is proposed to be constructed or included; 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:-
  • (i) that the land has become incapable of reasonably beneficial use in its existing state; or
  • (ii) where planning permission is given subject to conditions that the land cannot be rendered capable of reasonably beneficial use by carrying out of the permitted development is
    

S.49 Power of revocation or modification of permission to develop

(1) If it appears to the Authority that it is expedient, having regard to development 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 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 progresses or have been completed;
• (b) where permission relates to a use of land, no such order shall be 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 own

S.50 Penalty for unauthorized development or for use otherwise than in conformity with the development plan or development scheme

(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;
• (c) without permission as required under this Act;
• (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;
• (f) in contravention of the permission which has been modified under section 49;

shall, be punishable with a fine which may be prescribed by the authority from time to time.

(2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of the development plan or d

S.51 Power to require removal of unauthorized development

(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 1 (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 clauses (a), (c) or (e) of sub-section (1) of section 50 to restore the land 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;
• (c) in cases specified in clause (b) or sub-section (1) of section 50 to pay the development charges and such penalty, if any, as may be prescribed;

(2) In particular, any such notice may, for the purposes of subsection (1) require:-

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

S.52 Power to stop unauthorized development

(1) Where any development of land as described in section 50 is being carried out but 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 discontinued from the time of the service of such notice.

(2) Where such notice has been served, the provisions of clause (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 a fine which may extend to

S.53 Removal or discontinuance unauthorized temporary development summarily

(1) Notwithstanding anything contained in this Chapter, hereinbefore, where any person has carried out any development of a temporary nature unauthorizedly as indicated in sub-section (1) of section 50, the Authority may by an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorizedly as aforesaid, within 15 (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 or the Commissioner of the Police, or the Superintendent of Police, as the case may be, or authorize any of its officers or servants, to have such work summarily removed or such use summarily discontinued without any notice as directed in the order; and any development unauthorizedly made again, shall be summarily removed or discontinued without making any order as aforesaid.

(2) The decision of the Authority on the question o

S.54 Power to require removal of authorized development or use of land

(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;

• (a) that any use of land should be discontinued; or
• (b) that any conditions should be imposed on the continuance thereof; or
• (c) that any building or works should be altered or removed;

the Authority may, by notice served on the owner:-

• (i) require the discontinuance of that use; or
• (ii) impose such conditions, as may be specified in the notice, on the continuance 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 noti
  

S.55 Interim provision pending preparation of plan

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.

S.56 Over- riding effect of this Act

Notwithstanding anything contained in the Sikkim Municipalities Act, 2007 or any other State laws relating to Municipalities and Municipal Corporations contrary to the provisions contained in this Act, the provisions of this Act shall have an over-riding effect over all such laws.

S.57 Power of the Authority to frame and execute development schemes

(1) Subject to the provisions of this Act and rules and regulations made thereunder, the Authority may undertake development in any area under its jurisdiction 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.

S.58 Publication of the development scheme and its approval

(1) A development scheme not inconsistent with any other law enforced in the State may be prepared for making provision for all or any of the following matters namely:

• (a) acquisition of land by purchase, lease or otherwise and to erect thereon such building or to carry out such operations as may be necessary for the purposes of carrying on its functions;
• (b) establishment of a new town;
• (c) establishment of industries, industrial estates, flatted factories, service industries;
• (d) establishment of commercial centers, including specialized markets, wholesale trade centers and mandies;
• (e) establishment of tourist centers 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 ecologically sensitive areas and prevention of injury or contamination of rivers, water
  

S.59 Power of the Authority to engage consultants

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.

S.60 Publications of the development scheme and its approval

(1) As soon as may be, after a development scheme has been formulated, the authority shall publish it, in at least one local newspaper and digital media, a notice of preparation of the development 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 the filed within 30 (thirty) days from the date of publication of such notice in the newspaper. The notice shall 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 development scheme is within 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 all the objections and suggestions received and shall afte

S.61 Power of the Authority to setup functional agencies

(1) The Authority may, with the prior approval of the Government, set-up functional agencies for performance of such 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.

S.62 Auction of Floor Area Ratio

(1) If the Authority is satisfied that in a particular locality, augmentation of infrastructure, particularly relating to transportation, has occurred to such an extent that 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, it may 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 build-up in the manner prescribed:

Provided that no auction shall take place unless augmentation of infrastructure and services mentioned in

S.63 Power to acquire land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

(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 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 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 land, transfer the land to the Authority for the purpose for which the land has been acquired on payment by the Authority of the compensation awarded under the Act and of the charges incurred by the Government in connection with the acquisition.