Vidhi Codex

The Sikkim Town and Country Planning Act, 2024

The Sikkim Town and Country Planning Act, 2024

Infrastructure2024124 sections8 chapters

This Act provides for town and country planning in Sikkim. It sets up the Sikkim Town and Country Planning Board and the office of the State Chief Town Planner. It provides for a State Perspective Plan, declaration of regional planning areas, and the preparation of regional and development plans that guide land use and development.

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Chapter II SIKKIM TOWN AND COUNTRY PLANNING BOARD →

  1. 3Sikkim Town and Country Planning Board
  2. 4Functions and powers of the Board
  3. 5Terms of office and conditions of service of the Members of the Board
  4. 6Meeting of the Board
  5. 7State Chief Town Planner and his functions
  6. 8Office of the Chief Town Planner to function as technical secretariat for the Board
  7. 9Approval of State Perspective Plan
  8. 10Review and revision of State Perspective Plan

Chapter III REGIONAL DEVELOPMENT PLANS →

  1. 11Declaration of Regional Planning area
  2. 12Preparation of Regional Development Plan
  3. 13Contents of a regional development plan
  4. 14Power of Government to require the Chief Town Planner to prepare a regional development plan for any area
  5. 15Board to consider the regional development plan
  6. 16Public notice of the regional development plan
  7. 17Approval by the Government
  8. 18Publication of the regional development plan
  9. 19Effect of the regional development plan
  10. 20Revision of the Regional development plan
  11. 21Declaration of development area and constitution of Development Authority
  12. 22Power to withdraw a development area from operation of this Act
  13. 23Appointment of local authority as development authority
  14. 24Functions and powers of development authority
  15. 25Staff of the Authority
  16. 26Advisory Council
  17. 27Constitution of Committee
  18. 28Objects of the Authority
  19. 29Provided that save as provided in this Act, nothing contained in this Act shall be construed as authorizing the disregard by the Authority of any law for the time being in force.
  20. 30Preparation of Existing Land Use Map and Register
  21. 31Notice of the preparation of the Map and the Register
  22. 32Power of the Government in case of default of Authority to prepare the Map and Register
  23. 33Preparation of perspective plan of development area and its contents
  24. 34Existing plan to be deemed as perspective plan
  25. 35If prior to the commencement of this Act, any Master Plan has been prepared under any other law, such master plan shall be deemed to be a perspective plan of the area prepared under this Act.
  26. 36Preparation of development plan of development area and its contents
  27. 37Approval of perspective plan of development area
  28. 38Approval of development plan
  29. 39Review, revision and preparation of fresh perspective plan of the development area
  30. 40Review, revision and preparation of fresh development plan of the development area
  31. 41Provisions of development plan to prevail
  32. 42Modifications in perspective plan or development plan of development area
  33. 43Use and development of land to be in conformity with the development plan, or development scheme
  34. 44Prohibition of development
  35. 45Permission for development
  36. 46Appeal against refusal or conditional grant of permission
  37. 47Lapse of permission
  38. 48Provided further that such lapse shall not be a bar for any subsequent application for fresh permission under this Act.
  39. 49Power of revocation or modification of permission to develop
  40. 50Penalty for unauthorized development or for use otherwise than in conformity with the development plan or development scheme
  41. 51Power to require removal of unauthorized development
  42. 52Power to stop unauthorized development
  43. 53Removal or discontinuance unauthorized temporary development summarily
  44. 54Power to require removal of authorized development or use of land
  45. 55Interim provision pending preparation of plan
  46. 56Over-riding effect of this Act

Chapter VIII DEVELOPMENT SCHEMES →

  1. 57Power of the Authority to frame and execute development schemes
  2. 58Publication of the development scheme and its approval
  3. 59Power of the Authority to engage consultants
  4. 60The Authority may, for framing and executing a development scheme, engage any consultant on such terms and conditions as may be agreed upon between it and the consultant.
  5. 61Power of the Authority to set-up functional agencies
  6. 62Auction of Floor Area Ratio

Chapter IX ACQUISITION, ASSEMBLY AND DISPOSAL OF LAND →

  1. 63Power to acquire land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
  2. 64Acquisition of property by the Authority
  3. 65Transfer of Government land to the Authority
  4. 66Acquisition of land by way of negotiated settlement
  5. 67Disposal of land and other property by the Authority

Chapter X LEVY OF DEVELOPMENT CHARGE →

  1. 68Levy of development charge

Chapter XI PRIVATE AND JOINT SECTOR PARTICIPATION IN DEVELOPMENT →

  1. 69Development works by promoters
  2. 70Power to grant license to promoters
  3. 71Application for grant of license
  4. 72It may, however, be renewed for reasons to be recorded in writing from time to time for a period not exceeding 1 (one) year on payment of prescribed fee.
  5. 73This amount can only be withdrawn on completion of the development work.
  6. 74Recovery of capital or maintenance cost of amenities
  7. 75Development works in joint-sector
  8. 76Provided that where the collaboration is with an international agency, prior approval of the Government shall be necessary.

Chapter XII FINANCE, ACCOUNTS AND AUDIT →

  1. 77Fund of the Authority and its application
  2. 78Budget
  3. 79Accounts and Audit
  4. 80Levy of users' charges
  5. 81Contribution by municipal bodies to the development fund
  6. 82Annual reports
  7. 83Central Provident fund

Chapter XIII SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS →

  1. 84Restrictions on use and development of land after declaration of development area
  2. 85Power of entry
  3. 86Service of notice etc
  4. 87Public notice how to be made known and the notices, etc. to fix reasonable time
  5. 88Authentication of orders and documents
  6. 89Mode of proof of records
  7. 90Restriction on the summoning of officers and servants of the Board and the Authority
  8. 91Prohibition to supply electricity, water etc
  9. 92Transfer to authority for purposes of development of land or building vested in local authority
  10. 93The matter shall be referred to the Government whose decision thereon shall be final.
  11. 94Power of Authority to require local authority to assume responsibility in certain cases
  12. 95Restriction on registration of documents
  13. 96Offences by companies
  14. 97Penalty for obstructing contractor or removing mark
  15. 98Sanction of prosecution
  16. 99Compound of offences
  17. 100Cognizance of offence
  18. 101Right to appear by recognized agent
  19. 102Jurisdiction of courts
  20. 103Fine when realized to be paid to the concerned Authority
  21. 104Members and officers to be public servants
  22. 105Protection of action taken in good faith
  23. 106Duty of police officer to assist
  24. 107Finality of orders
  25. 108Validation of acts and proceedings
  26. 109Temporary association of persons
  27. 110Power to delegate
  28. 111Power of the Authority to borrow money
  29. 112Control by the Government and the Board
  30. 113Suspension of the development plan in emergency by Government
  31. 114Return and information
  32. 115Effects of laws
  33. 116Power to fix land values within the development area
  34. 117Provisions of the perspective plan to stand modified in certain cases
  35. 118Power to make agreement
  36. 119Power to make rules
  37. 120Power to make regulations
  38. 121Cancellation of regulation by the Government
  39. 122Laying of rules before State Legislature
  40. 123Dissolution of the Authority
  41. 124Repeal and Savings

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