The Sikkim Public Works (Liability of Government and Contractor) Act, 1983
The Sikkim Public Works (Liability of Government and Contractor) Act, 1983
This law regulates government land entry, usage restrictions, and property damage liability associated with public construction projects like roads and buildings in Sikkim. It applies to landowners, government officials, and contractors carrying out public works. The law empowers authorities to restrict land use near construction sites, conduct surveys, and clear land when necessary. Crucially, it establishes a compensation mechanism for affected landholders determined by the District Collector. It distinguishes between unavoidable damage, paid by the government, and avoidable damage caused by contractor negligence, which contractors must reimburse. This ensures public infrastructure develops while protecting property owners and holding contractors accountable.
- 1. Short title, extent and commencement
- 2. Definitions
- 3. Imposition of restrictions
- 4. Powers to do certain preliminary acts after publication of notification under section 3
- 5. Payment for damage
- 6. Further powers exercisable after publication of notification under section 3
- 7. Nature of restrictions
- 8. Notice to persons interested
- 9. Adjournment of enquiry
- 10. Power to summon and enforce attendance of witnesses, etc.
- 11. Matters to be considered in determining the amount of compensation
- 12. Matters not to be considered in determining the amount of compensation
- 13. Compensation by whom payable
- 14. Procedure where the payments due to contractor are insufficient
- 15. Services of notices
- 16. Appeal
- 17. Exemption from duty and fees
- 18. Protection of action taken in good faith
- 19. Offence by companies
- 20. Penalties
- 21. Power to remove difficulties
- 22. Power to make rules
- 23. Validation of acts done or payments realised before the commencement of this Act
PDF: pending for this language.