Chapter IV PROTECTION OF RIVER BANKS, SLIP RESERVE, ROAD RESERVE, ETC.

29. (1) For the purpose of this Chapter river banks in relation to rivers enumerated in the Schedule mean and includes sixty metre on either side of such river or area within high flood level mark, whichever is less.

1. (2) Slip reserve means and includes,--
   • (i) all lands which are denuded or are in the process of denudation declared as slip reserve before the commencement of this Act; and
   • (ii) all denuded areas which are denuded or are in the process of denudation and required to be conserved or preserved for establisation that may be notified as slip reserve by the Government.
2. (3) No notification referred to in clause (ii) of sub-section (2) shall be made unless the nature and extent of the right of the Government and of the private persons in or over such land is enquired into and recorded in the record of right and such record shall be presumed to be correct until proved otherwise : Provided that in the case of any slip area, if the Government thinks that such enquiry and record are necessary but that the completion thereof will occupy such length of time as may endanger the life of the community due to occurrence of slips, the Government may, pending such enquiry and record, declare such area to be a slip reserve, but so, however, that the existing rights of individuals or communities are affected as little as possible.
3. (4) Road Reserve in relation to a National Highway means such portion of land lying within such distance from centre on either side of such Highway as may be prescribed.
4. (5) Road Reserve in relation to a Highway other than a National Highway means such portion of the land lying within such distance from the centre on either side of such Highway as may be prescribed.
5. (6) The road reserve referred to in sub-sections (4) and (5) shall be under the administrative control of Forest Department as if it were a forest constituted under this Act.
6. (7) Any encroachment into the road reserve by any person shall be deemed to be an unauthorised occupation and such person shall be evicted in accordance with the provisions contained in the Sikkim Public Premises (Eviction of Unauthorised Occupants and Rent Recovery) Act, 1980.
7. (8) All old abandoned roads with their road reserve which has been abandoned as a result of construction of new roads shall be the property of the Government.

30. (1) Any person who--

1. (a) is in unauthorised occupation of any land in a slip reserve or a road reserve or a river bank;
2. (b) removes any forest produce from a slip reserve or a road reserve or a river bank; shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to six thousand rupees or with both.

1. (2) Notwithstanding anything contained in sub-section (1), the person in unauthorised occupation shall be evicted in the manner as indicated in sub-section (7) of section 29.

31. The Government may, regulate the use of natural waters, ice and glaciers by industrial establishments within the territory of Sikkim and levy such taxes and duties as may be deemed appropriate in the manner prescribed.

32. The Government may, by notification, declare that any slip reserve or road reserve or river bank shall be closed for such period as may be specified in that notification and that the rights of any person over such slip reserve, road reserve or river banks shall remain suspended during that period.