Definitions

In this Act, unless the context otherwise requires,- (1) "avoidable damage" means cutting of trees, standing crops, damage to huts, stacking and dumping materials on the land of another person without the authority of the owner of the said land and includes, any other damage which, in the opinion of the Government, is not an unavoidable damage; (2) "Chief Engineer" means any officer of the Government appointed as such whether or not in the Public Works Department; (3) "Collector" means the District Collector and includes any Officer especially appointed by the Government to perform the functions of the Collector under this Act; (4) "contractor" means a person or association of persons whether incorporated or not, who is entrusted with a public work; (5) "Government" means the Government of Sikkim; (6) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened anything attached to the earth; (7) "notification" means a notification published in the Official Gazette; (8) "person interested" includes all persons claiming an interest in compensation to be made on account of the imposition of restrictions upon the use and enjoyment of land or on account of damage to any land under this Act; Explanation.-A person shall be deemed to be interested in land if he is interested in an easement affecting the said land; (9) "prescribed" means prescribed by rules made under this Act; (10) "public work" means any work relating to construction of road, building, bridges or any other work entrusted by the Government to a contractor for execution; (11) "unavoidable damage" means,- (a) damage caused due to rock cutting on steep slopes where it is not possible or practicable on the part of the contractor to contain debris by erecting suitable barriers; (b) landslides not caused due to negligences on the part of the contractor; (c) any other damage which, in the opinion of the Chief Engineer, for reasons to be recorded in writing, is not an avoidable damage.