The Sikkim Allotment of House Sites and Construction of Building (Regulation and Control) Act, 1985

(1) This Act may be called the Sikkim Allotment of House Sites and Construction of Building (Regulation and Control) Act, 1985. (2) It shall extend to the whole of Sikkim. (3) It shall come into force at once.

In this Act, unless the context otherwise requires: (a) "allotment" means allotment of sites for construction of building for the purpose of residence, commerce, residential-cum-commerce, or other trade or industry; (b) "building" means a structure for human habitation or other purposes and includes compound walls, garden walls, septic tanks, water supply tanks, drainage and such other appurtenances as formed with the premises; (c) "family" means husband, wife and their unmarried children living with the parents; (d) "Government" means the Government of Sikkim and includes any such Department as may be authorised by the Government to discharge the functions of the Department of Architecture and Housing Department and or any other Department as may be assigned by the Government from time to time; (e) "notified area" means any area where Government or private land is notified from time to time for the purpose of Chapter II and III of the Act; (f) "notification" means a notification published in the Official Gazette; (g) "person" includes any individual, associations, firms, companies and other legal and juristic persons; (h) "prescribed" means prescribed by rules made under this Act; (i) "site" means any land, plot or area allotted or provided for by the Government or any other authority from time to time for purpose of construction of a building for residential, commercial or industrial purposes and includes such yard or compound as may be adjacent to or surrounding the building or part of the building or site as may be decided by the Government; (j) "lease deed" means the lease deed executed between the allottee and the Government with regard to the house sites, a sale deed; (k) "site" means the area allotted for a building or house that shall be segregated at the axes, fences, drains, tanks, soakpits, shutters etc., including the area to be covered by the roof, walls, chajjahas.

Subject to the provisions of this Act, the Government shall have power to allot any area whether owned by the Government or private to any person from time to time for purposes: (i) for residential purposes; (ii) for commercial purposes; (iii) for residential-cum-commercial purposes; (iv) for industrial purposes; (v) for public open space, park, play grounds and Community Hall; (vi) for combination of residential, commercial and industrial purposes. Provided that no land shall be allotted without the prior permission of the Government. The sites allotted under this Act may be cancelled on grounds of fraud, misrepresentation of facts or bona-fide mistake, Provided that no order of cancellation shall be made unless the person concerned has been given an opportunity of making representation.

(1) The Government shall not allot more than one site to one family in the state. (1A) The Government may allot a site to a person on application signed by him, in such form and in such manner as may be prescribed subject to fulfilment of the criteria laid down in the regulations where a site is actually available but the submission of an application alone does not confer any legal right to the applicant for allotment of a site. (1B) No Government servant who has not rendered regular service of a minimum period of 12 (twelve) years shall be eligible for allotment of a site. (1C) Persons already having a dwelling house in a private holding or otherwise in a particular town or bazaar shall not be eligible for allotment of a site in any urban area. (1D) The Government shall reserve 3% reservation for the disabled person for allotment of house sites prospectively. (2) All allottee shall pay such site rent and cost of land as may be notified by the Government from time to time. (3) No person shall be allowed to construct a building in any notified area without obtaining the prior permission of the Government and also fulfilling the regulations, conditions and standards fixed for the people of Sikkim. (4) After the allotment of the site, the allottee shall get the lease deed registered in the office of the Registrar of the concerned district.

Whereas site acquired for a public purpose is proposed to be allotted for a private purpose, such an allottee shall deposit charges as may be ascertained by the Government towards the cost of the land and such an area also shall be lease hold.

The Government shall regulate the construction of buildings in any notified area and ensure that the construction of buildings in such area, whether Government or private, shall be in accordance with the regulations made under this Act.

(1) If at any time it appears to the State Government that any structure in any notified area is in such a condition or constitutes such a hazard that it is likely to cause, accident or is leading to or constitutes a hazard to the health or safety of the inhabitants of the area or surrounding area, the State Government by notice direct the owner or occupier to: (a) repair, protect or enclose the structure in such manner as may be specified in the notice; (b) demolish the structure in such manner as may be specified in the notice. (2) Where it appears to the State Government that immediate action is necessary to prevent any imminent danger or hazard to the inhabitants of the area, the State Government or its nominee (not below the rank of a Gazetted Officer) may take immediate action and in such case it shall not be necessary to issue notice to the owner or occupier. If the State Government finds that any structure or part of the structure is a source of hazard to other structures or to any one, the State Government or its nominee may order to remove such structure or take such action to remove the hazard and recover the expenses of such removal or demolition from owner or occupier as the case may be. (3) After considering the facts and circumstances of a case, the Government is empowered to select such sites or lands for the construction of building for the purpose of the people in the State and also to acquire the land for the purpose of the said interest including the removal of any hazardous building.

(1) No construction of any building or structure of any height shall be undertaken without obtaining the permission from the Government in any notified area whether Government or private. (1A) No construction of any building or structure of any height shall be undertaken without provision for seismic or earthquake resistance system. (2) The State Government shall ensure that the building or structure in a notified area whether Government or private is compatible with its surroundings and safe for the people from the unsafe practices of buildings. (3) The Government shall ensure that the building and all round elevation shall be in aesthetic style. (4) No construction shall be undertaken in any area, track or space, which is considered to be hazardous to the safety of the people and the surroundings and the authorities shall stop such construction and order the removal of such structures in any area.

The State Government shall frame necessary regulations prescribing the required structural details on this behalf.

Any person who contravenes the provision of this Act or fails to comply with any order, rule or regulation issued thereunder shall be punished with a fine which may extend to Rs. 5,000 or with both.

All offences under this Act or rule or regulations made thereunder shall be cognizable and shall be triable by a Judicial Magistrate of First Class.

All complaints shall be filed by an officer not below the rank of an undersecretary to the Government after obtaining the approval of the Government.

All complaints shall be filed within one year from the date of an offence.

No action, civil or criminal shall lie against any officer of the Government for anything which is in good faith done or intended to be done in pursuance of this Act or rules or regulations made thereunder.

The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

The State Government may, by notification in the Official Gazette, make regulations regulating constructions of buildings and all other connected matters.

All by-laws, rules, regulations and notifications in force concerning constructions of buildings shall continue to be in force although they are not regulations made under this Act, till they are altered, amended or added.