Election of Chairman and vice-Chairman

At the first meeting of the Corporation, the Councillors, after making and subscribing the oath of allegiance under Section 6 shall appoint one of their member to preside at the meeting and shall proceed to elect a Chairman and a Vice-Chairman of the Corporation. In the principal Act, for section 49, the following section shall be substituted, namely:-

"49. (1) if the Corporation is satisfied -

(a) that the erection of any building-

(i) has been commenced without obtaining any permission required to be obtained by or under this Act; or

(ii) is being carried on or has been completed otherwise than in accordance with the particulars on which such permission was based; or

(iii) is being carried on or has been completed in breach of any provision of this Act or any rule or bye-law made thereunder, or any direction or requisition lawfully given or made under this Act or under such rule or bye-law; or

(b) that any alteration of, or addtiion to, any building or any other work made or done for any purpose in, to or upon any building, has been commenced or is being carried on or has been completed in contravention of, or otherwise than in accordance with any sanction granted under section 46 or section 48 ; or

(c) that any alteration required by any notice issued under this Act or any rule or bye-law made, under this Act, has not been duly made,

it may, without prejudice to any action that may be taken under any other provisions of this Act, by a notice in writing require the person responsible, to demolish within ten days of receipt of notice such erection, alteration, as the case may be, or to show cause why such erection, alteration, addition or other work should not be demolished or the alteration should not be made.

(2) The Corporation may issue notice under sub-section (1) notwithstanding the fact that the valuation of such building has been made under this Act and the Corporation has received payment of tax on such valuation.

(3) If the person responsible fails -

(a) to demolish such erection, alteration, addition or other work, or to make the alterations; or

(b) to show cause to the satisfaction of the Corporation why such erection, alteration, addition or other work should not be demolished, or the alteration should not be made,

the Corporation may, by order and through its officers, employees or workmen demolish the erection, alteration, addition or other work and recover the expenses of demolition from the person responsible:

Provided that where the person responsible shows cause, the order to demolish the erection, alteration, addition or other works shall not be made without giving the person responsible, an opportunity of being heard :

Provided further that a copy of the order referred to in this clause or in the first proviso shall be served upon the owner and the occupier thereof and no such action shall be taken until after the expiry of thirty days from the date of the service of the said order.

(4) Notwithstanding anything contained in sub-section (1), sub-section (2) or sub-section (3), no action shall be taken under this section in respect of any erection, alteration, addition or other work executed more than twelve years before or before the commencement of the Gangtok Municipal Corporation Act, 1975, whichever is later:

Provided that the onus of proving that the erection, alteration, addition, or other work was executed more than twelve years before or before the commencement of the Gangtok Municipal Corporation Act, 1975, shall lie on the person responsible:

Provided further that no action shall be taken in respect of any erection, alteration, addition or other work which has been regularised under the provisions of this Act."