Chapter XIII SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

1. (1) On or after the date on which the declaration of development area under section 21 of this Act is notified:-
   • (a) no person shall within the area included in the development area, as the case may be, erect or proceed with any building work, remove, pull down, alter, make additions to or make any substantial repair to any building, part of building, a compound wall or any drainage work or remove any earth, stone or material, or sub-divide any land or charge the use of any land or building unless such person has applied for and obtained necessary permission from the Authority in the case of development area under its jurisdiction;
   • (b) the Authority as the case may be, on receipt of such application, shall at once furnish the applicant with a written acknowledgement of its receipt and may, after an inquiry either grant or refuse such permission or grant it subject to such conditions as it may think fit impose. If no decision is communicated to the applicant within 3 (three) months from the date of such acknowledgement, the applicant shall be deemed to have been granted such permission;
   • (c) if any person contravenes the provisions contained in sub-section
   • (a) or sub-section (b), the Authority, may direct such person by notice in writing to stop any work in progress, and after making inquiry in the prescribed manner, remove, pull down, or alter any building or other work or restore the land in respect of which such contravention is made to its original condition;
   • (d) any expenses incurred by the Authority, under sub-section
2. (3) shall be a sum due to them under this Act which may be recovered from the person in default or the owner of the plot as arrears of land revenue; and
   • (e) no person shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the Authority under sub-section (1).
3. (2) Wherever the Government, after the declaration of the development area under section 21, but before the publication of the Map and the Register under section 31, is satisfied that in any development area or part thereof, the change of the land use or any building operation or any other operation as mentioned in sub-section
4. (1) therein:-
   • (a) is likely to cause injurious disturbance of surface or any land or soil, or is considered detrimental to the preservation of the soil, prevention of landslip or protection against erosion; or
   • (b) is likely to make it difficult to plan and develop the area in question in accordance with the provisions of this Act. The Government may by notification published in the Official Gazette, freeze the existing land use, for a period not exceeding 3 (three) years;
   • (c) on the issuance of a notification under this sub-section:-
     • (i) no person shall change the use of any land or carry out any development of land other than the change for the purpose of agriculture without the written permission of the Authority in the case of the development area; and
     • (ii) no local authority or officer or other authority shall, notwithstanding anything contained in any other law for the time being in force, grant permission for the change in use of land without the written permission of the Authority in the case of the development area;
   • (d) any permission which the Authority, as the case may be, may grant under this sub-section shall be subject to such conditions and restrictions as may be imposed in this behalf by the Government.

1. (1) The Chief Town Planner or an officer authorized by him or any officer authorized in this behalf by the Board or the Authority, as the case may be, may enter into or upon any land or building with or without assistants or workmen within the area under their respective jurisdiction under this Act for the purpose of:-
   • (a) making an enquiry, inspection, measurement or survey or taking levels or photographs of such land or building;
   • (b) setting out boundaries and intended lines of works;
   • (c) making such levels, boundaries and lines by placing marks and cutting trenches;
   • (d) examining works under construction and ascertaining the course of sewers drains;
   • (e) digging or boring into the sub-soil;
   • (f) ascertaining whether any land is being or has been developed in contravention or any provision of this Act or rules or regulations made thereunder; and
   • (g) doing any other thing necessary for the efficient administration of this Act: Provided that:-
     • (i) in the case of any building used as a dwelling house or upon any enclosed part of garden attached to such a building, no such entry shall be made without the consent of the occupier thereof. If no consent is given, entry can be made by giving such occupier at least 24 (twenty-four) hours' notice in writing of the intention to enter;
     • (ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from the land or the building;
     • (iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made to the social and religious usages of the occupants of the land or building entered.
2. (2) The powers of the Chief Town Planner or the Board under sub-section
3. (1) shall extend to the whole of the State of Sikkim and the powers of the Authority under sub-section
4. (1) shall extend to its development area and such other area which the Government may have directed to be included in a development plan.
5. (3) Any person who obstructs the entry of a person empowered or authorized under this section to enter into or upon any land or building or molests such person, after such entry, shall be punishable with imprisonment for a term which may extend to 6
   • (six) months or fine which may extend to three thousand rupees, or with both.

1. (1) All documents including notices and orders required by this Act or any rule or regulations made thereunder to be served upon any person shall, save as otherwise provided in this Act or rule or regulation made thereunder, be deemed to be duly served:-
   • (a) where the document is to be served on a Government department, Railway, local authority, statutory authority, company, corporation, society or other body, if the document is addressed to the head of the Government Department, General Manager of the Railway, Secretary or Principal Officer of the local authority, statutory authority, company corporation, society or any other body at its principal, branch, local or registered office, as the case may be, and is either:-
     • (i) sent by registered post of such office; or
     • (ii) delivered at such office;
   • (b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either:-
     • (i) sent by registered post; or
     • (ii) delivered at the said place of business;
   • (c) in any other case, if the document is addressed to the person to be served and:-
     • (i) is given or tendered to him; or
     • (ii) if such person cannot be found, is affixed on conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or the building to which it relates; or
     • (iii) is sent by registered post to that person.
2. (2) Any document which is required or authorized to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier" as the case may be, of that land or building (naming or describing that land or building) without further name or description, and shall be deemed to be duly served:-
   • (a) if the document so addressed is sent or delivered in accordance with clause
   • (c) of sub-section (1); or
   • (b) if the document so addressed or a copy thereof so addressed is delivered to some person on the land or building.
3. (3) Where a document is served on a partnership in accordance with this section, the document is deemed to be served on each partner.
4. (4) For the purpose of enabling any document to be served on the owner of any property, the officer authorized in this behalf by the Board, or the Authority, as the case may be, by notice in writing require the occupier, if any, of the property to state the name and address of the owner thereof.
5. (5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
6. (6) A servant is not a member of the family within the meaning of this section.

1. (1) Every public notice given under this Act or rules or regulations made thereunder shall be in writing under the signature of such officer as may be authorized in this behalf by the Board, or the Authority and shall be widely made known in the locality to be affected there by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by advertisement in a local newspaper or digital media and such other means which such authorized officer may consider fit.
2. (2) Where any notice, order or other document issued or made under the Act or any rule or regulation made thereunder, requires anything to be done for the doing of which no time is fixed in this Act or rule or regulation made thereunder, the notice, order or other document shall specify a reasonable time for doing the same.

All permissions, orders, decision, notices and other documents of the Chief Town Planner; the Board; or the Authority shall be authenticated by the signature of such officer as may be authorized by the Chief Town Planner or the Board or the Authority, as the case may be, in this behalf.

A copy of any receipt, application, plan, notice, order, entry in a register, or other document in the possession of the Board or the Authority, if duly certified by legal keeper thereof or other person authorized by the Board, or the Authority shall be received as prima facie evidence of the matters and transactions therein recorded in every case where, and to the same extent as the original entry or document would, if produced, have been admissible to prove such matters.

No Chairperson, Vice-Chairperson, member or officer or servant of the Board or the Authority shall in any legal proceedings to which the Board or the Authority is not a party, be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the Court made for special cause.

Any agency charged with the duty of supplying electric energy to buildings or installations within a development area, shall not give electric connection and any agency charged with the duty of supplying water and rendering such other services to buildings or installations in a development area shall not give water connection or render such other services to any newly constructed building or convert to permanent domestic use any connection already taken unless the application for such connection is accompanied by a No Objection Certificate from the concerned Authority.

1. (1) Whenever any building or any street, square or other land, or any part thereof, which is situated within any development area and is vested in any local authority is required for the purposes of development by the Authority, it shall give notice accordingly to the Executive Officer of the concerned local authority, and such building, street, square, other land or part thereof, shall, notwithstanding anything contains in the law under which the said local authority is constituted, thereupon vest in the Authority.
2. (2) Where any property vests in the Authority under sub-section
3. (1) and the Authority makes a declaration that such property shall be retained by it for a period to be specified in the declaration, the property shall, in the expiration of said period, revert to the local authority.
4. (3) Where a declaration is made under sub-section (2), no compensation shall be payable by the Authority to the concerned local authority in respect of the property so vested in the Authority.
5. (4) Where any land or building vests in the Authority under sub-section
6. (1) and no declaration is made under sub-section
7. (2) in respect of the land or the building, the Authority shall pay to the local authority concerned as compensation a sum equal to the market value of such land or building as on the date of notice under sub-section (1): Provided that the land of equal market value may be given in exchange, or lieu of compensation.
8. (5) If, in any case, where the Authority has made a declaration in respect of any land under sub-section
9. (2) and retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the local authority the Authority shall pay to the concerned local authority compensation in respect of such land in accordance with the provisions of sub-section (3).
10. (6) If any question or dispute arises:-
    • (a) as to whether compensation is payable under sub-section
11. (3) or sub-section (4); or
    • (b) as to the amount of compensation paid or proposed to be paid under sub-section
12. (3) or sub-section (4); or
    • (c) as to whether any building or street, or a square or other land or any part thereof is required for the purposes of development by the Authority;

Restriction on power of a local authority to make rules, regulations or bye-laws in respect of certain matters

1. (1) Notwithstanding anything contained in any law for the time being in force, no rule, regulation or bye-law shall be made or amended by a local authority in respect of matters specified in sub-section (2), unless the Authority, upon consideration of the rule, regulations or bye-law, certifies that it does not contravene any of the provisions or any perspective plan or any development plan or regulations pertaining to planning or building standards.
2. (2) The matters referred to in sub-section
3. (1) are the following, namely:-
   • (a) water supply, drainage and sewerage disposal;
   • (b) erection or re-erection of buildings, including grant of building permissions, licenses and imposition of restriction on use and sub-division of land and building;
   • (c) sub-division of land into building sites, roads and lanes, recreational sites and sites for community facilities; and
   • (d) development of land, improvement schemes, and housing and re-housing schemes.

Where any area has been developed by the Authority it may require the local authority within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Authority and that local authority, and where such terms and conditions cannot be agreed upon, on terms and conditions settled by the State Government in consultation with the local authority on a reference of the matter to State Government by the Authority.

Notwithstanding anything contained in the law for the time being in force in Sikkim, no deed or document in respect of transfer, by way of sale, gift, exchange, lease, mortgage with possession or otherwise of any land, or sub-division of any land or building situated within a development area shall be registered by the authority competent to register such deed or document under the provisions of the said Act 'Sikkim Town and Country Planning Act' unless such deed or document is accompanied by a no-objection certificate from the concerned development Authority, in the form prescribed under rules: Provided that the competent authority may register any transfer:-

1. (a) where the land is owned by a person and the transfer is made without involving any further divisions;
2. (b) where the lease is made in relation to a part or whole of a building; and
3. (c) where the mortgage is made for procuring the loans for construction or improvement over the land either from Government or from any other financial institution constituted or established under any law for the time being in force or recognized by the Government.

1. (1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of and responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and be punishable accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section
3. (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent of or connivance of, or is attributable to any neglect on the part of any Director, Manager, Secretary or any other officer of the company, such Director, Manager or other officer shall be liable to be proceeded against and punished accordingly. Explanation:- For the purpose of this section :-
   • (a) "Company" means a body corporate and includes a firm or other association of individuals; and
   • (b) "Director" in relation to a firm, means a partner in the firm.

If any person:-

1. (a) obstructs, or molests any person engaged or employed by the Board or the Authority or any person with whom the Board or the Authority has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act; or
2. (b) removes any mark set up for the purpose of indicating any level or direction necessary for the executive of works authorized under this Act, he shall be punishable with fines as prescribed by the Authority from time to time.

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Board or the Authority concerned or any officer authorized by the Board or the Authority, as the case may be, in this behalf.

1. (1) The Board or the Authority concerned or any person authorized in this behalf may either before or after the institution of the proceedings compound any offence made punishable by or under this Act.
2. (2) When an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

1. (1) Notwithstanding anything contained in any other provisions of any other Act it shall be competent for the Court of Judicial Magistrate of First Class to take cognizance of offences under this Act.
2. (2) An officer of the level of Under Secretary or above shall be the competent authority to file a complaint under the provision of this Act.
3. (3) All complaints shall be filed within a period of 3 (three) months from the date of occurrence or commission of the offence.

Every party to a proceeding before the Board or the Authority constituted under this Act, shall be entitled to appear either in person or by his agent authorized in writing in that behalf.

No Court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Act.

All fines realized in connection with prosecution under this Act shall be paid to the Authority in the prescribed manner.

Every member and every officer and other employees of the Board and the Authority shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860.

No suit, prosecution or other legal proceedings shall lie against any person deemed to be a public servant under section 98 for anything which is done or intended to be done in good faith under this Act or any rules or regulation made thereunder.

It shall be the duty of every police officer:-

1. (a) to co-operate with the Authority for carrying into effect and enforcing the provisions of this Act or any rule or regulation made thereunder;
2. (b) to communicate without delay to the proper officer or employee of the Authority any information which such police officer receives of a design to commit, or of the commission of, any offence against this Act or any rule or regulation made thereunder; and
3. (c) to assist any officer or employee of the authority reasonable demanding the aid of such police officer for the lawful exercise of any power vested in him under this Act or any rule or regulation made hereunder.

Save as otherwise expressly provided in this Act, every order passed or direction or notice issued by the Government or the Board, the Chief Town Planner or the Authority, as the case may be, under this Act shall be final and shall not be questioned in any suit or other legal proceeding.

1. (1) No act done or proceeding taken under this Act shall be questioned on the ground merely of:-
   • (a) the existence of any vacancy in, or any defect in the constitution of the Board, or an Authority;
   • (b) any person having ceased to be member of the Board or the Authority;
   • (c) any person associated with the Board or an Authority under the provisions of sections 109 having voted in contravention of the said section; or
   • (d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or
   • (e) any omission, defect or irregularity not affecting the merits of the case.
2. (2) Every meeting of the Board or the Authority, minutes of the proceedings of which have been duly signed as prescribed, shall be taken to have been duly convened and to be free from all defects and irregularities.

1. (1) The Board and the Authority may associate with themselves in such manner and for such purposes, as may be prescribed, any person whose assistance or advice they may consider necessary in performing any of their functions assigned to them under this Act.
2. (2) Any person associated under sub-section
3. (1) shall have the right to take part in the discussions in the meeting of the Board and the Authority relevant to the purpose but shall not have the right to vote and shall not be construed as a member for any other purpose.

1. (1) The Board may, by a resolution, direct that any power exercisable by it under this Act or rules or regulations made thereunder, may also be exercised by any Authority, or by any District Planning Committee and the municipal bodies constituted under the Sikkim Municipalities Act, 2007 or a Panchayat constituted under the Sikkim Panchayat Act, 1993 as the case may be, or by any officer of the Board or the Government or the Authority, or the District Planning Committee or the municipal body or a Panchayat as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
2. (2) The Chief Town Planner may, by an order in writing, delegate any power exercisable by him under this Act or rules or regulations made thereunder, to any officer of the Board or the Government or any Authority or the District Planning Committee or the municipal bodies or a Panchayat in such cases and subject to such conditions, if any, as may be specified therein.
3. (3) The Authority by a resolution direct that any power exercisable by it under this Act or rules or regulations made thereunder, except the power to prepare perspective plan, development plan, annual plans or development schemes or to make regulations may also be exercisable by any other local authority or any officer of the Government of the Authority or the District Planning Committee or the municipal bodies or a Panchayat in such cases and subject to such conditions, if any, as may be specified therein: Provided that the delegation to an officer of the Government shall require prior Government sanction.
4. (4) The Town Planning Member may, by an order in writing, delegated any power exercisable by him under this Act or rules or regulations made thereunder to any officer subordinate to him such cases and subject to such conditions, if any, as may be specified therein.

1. (1) The Authority may from time to time, borrow at such rate of interest and for such period and upon such terms, as the Government may approve, any sum of money required for efficient performance of the functions assigned to it under this Act and rules and regulations made thereunder.
2. (2) The Authority shall maintain a sinking fund for the repayment of money borrowed under sub-section
3. (1) and shall pay every year into the sinking fund such sum as may be sufficient for repayment within the period fixed of all money so borrowed.
4. (3) The sinking fund shall be applied in or towards, the discharge of the loan for which such fund was created and until such fund is wholly discharged, it shall not be applied for any other purpose.

1. (1) The Board and the Authority shall carry out such directions as may be issued to them, from time to time, by the Government for the efficient administration of this Act and Authority shall also carry out such directions as may be issued, from time to time, by the Board for the purpose.
2. (2) In case of any dispute in connection with the exercise of its powers and discharge of its functions by the Board or any Authority under this Act, the decision of the government on such disputes shall be final.

If the Government is satisfied that a grave emergency exists which necessitates the suspension of any approved development plan, annual plan or the development schemes or part thereof it may, by notification in the Official Gazette, suspend such plan, annual plan or development scheme or part thereof for such period, as it may consider necessary.

1. (1) The Board and the Authority shall furnish to the Government such plans, reports, return and other information, as the Government may, from time to time require.
2. (2) The Authority, urban local bodies and the panchayats shall furnish to the Board, such plans, reports, returns and other information, as the Board may, from time to time, require.

1. (1) Save as provided hereinbefore, the provisions of this Act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith constrained in any other law.
2. (2) Notwithstanding anything contained in any such other law, when permission for development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.

1. (1) Notwithstanding anything contained in any law for the time being in force, every Authority at an interval of every 5
   • (five) years, after conducting such enquiry, as may be considered necessary, fix, by notification in the Official Gazette and in a local newspaper, the values of land in respect of each locality in a development area.
2. (2) Different values may be fixed for different localities in a development area after taking into consideration the use to which the land is put at the time of enquiry under sub-section (1).
3. (3) The notification fixing the values of land under sub-section
4. (1) shall require prior Government approval.

After the coming into operation of a development plan of an area, the approved perspective plan of the same area shall stand modified or altered to the extent the proposals in the development plan are at variance with the perspective plan.

The Board or the Authority may enter into agreement with any person, body, agency, promoter, company, society or the Government for discharging their duties and performing their functions assigned to them under this Act.

1. (1) The Government may, after consultation with the Authority only with regard to the matters concerning the Authority, may make rules by notification in the Official Gazette, to carry out all or any of the purposes of this Act and prescribed forms for any proceedings for which it considers that a form should be provided: Provided that such consultation with the Authority shall not be necessary on the first occasion of the making of the rules under this section, but the Government shall take into consideration any suggestions which the authority may make in relation to the amendment of such rules after they are made.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) the functions and powers of the Board and the Authority;
   • (b) the term of office and conditions of service of the members of the Board and the Authority;
   • (c) the qualification or disqualification for being chosen as members of the Board and the Authority;
   • (d) the time and place for holding of and the procedure to be followed in the meetings including quorum of the Board and the Authority;
   • (e) the powers and duties of the officers and employees of the Board;
   • (f) the qualifications, functions, powers and duties of the Chief Town Planner and the Town Planning Member of the Authority including their conditions of service;
   • (g) the manner of nomination of representatives of local authorities under this Act;
   • (h) procedure for exclusion from or inclusion in a development area under section 21;
     • (i) the terms and conditions of the members of the Development Committee constituted under sub-section
3. (3) of section 23;
   • (j) the form in which the Map and the Register is to be prepared under section 30;
   • (k) the form in which the application for permission for development shall be made, particulars to be furnished and documents and plans which shall accompany such application together with the fee;
   • (l) the amount of fee to be paid for revalidation of permission under section 47;
   • (m) the manner in which and the purpose for which any Authority may associate with itself any person under the provisions of this Act;
   • (n) the control and restriction in relation to the appointment of officers and employees of the Board and the Authority including conditions of service of such officers and employees;
   • (o) the form and content of the perspective plan, the development plan, the annual plan and the development schemes and the procedure to be followed in connection with their preparation, submission and approval and the form and the manner of their publication;
   • (p) the manner of appeal to the Authority under clause
   • (b) of sub-section
4. (3) of section 51;
   • (q) the composition, management and conduct of functional agencies under sub-section
5. (2) of section 61;
   • (r) the manner of auction of additional built-up space under sub-section
6. (2) of section 62; the manner and procedure by which land shall be acquired through negotiated settlement under section 66;
   • (t) the manner of disposal of land by the Authority under section 67;
   • (u) the procedure to be followed in granting license and the license fee to be paid by promoters under sub-section
7. (1) of section 70; the form of application and documents to accompany, the amount of application fee, the format of the license form and the fee to be charged for revalidation of the license under section 71;
   • (v) manner in which development work by private sector and joint sector shall be regulated under section 76;
   • (w) the manner in which an acquisition notice is to be served, and claim for compensation is to be made, the time within which such claim is to be made and the procedure to be followed for assessment of compensation;
     • (x) the form of the budget of the Board and the Authority, the date on or before it shall be prepared, the manner of preparing it and the number of copies that has to be sent to the Government under section 78;
   • (y) the details and documents to accompany the application for change of use of agricultural land under section 8;
   • (z) the form and the date before which the annual reports are to be submitted under section 82;
   • (aa) any other matter which has to be or may be prescribed by rules or any other matter for efficient administration of the objectives of this Act. (3)
   • (a) The Government shall have powers to make rules
   • (a) in respect of conditions on which officers and employees of the Authority may be appointed, reduced in rank, suspended, discharged, removed or dismissed;
   • (b) in respect of accounts to be maintained by the Authority;
   • (c) in respect of returns, statements, reports and accounts be submitted by the Authority to the Government;
   • (d) prescribing and defining the mutual relationship to be observed between the Authority and the local authority in any matter in which they are jointly interested;
   • (e) in respect of principles, guidelines, planning standards, building regulations, conditions and restrictions in accordance with which development may be undertaken or regulated;
   • (f) in respect of authentication of development plans at the time of approval by the Government and custody thereof and the procedure of its production before courts for verification;
   • (g) in respect of calling of tenders, security amount, acceptance of tenders, issue of work orders, entering into contract, execution of works, compromise of claims, and matters ancillary thereto;
   • (h) in respect of the stages of which the development of any particular feature of a zone may be carried out;
     • (i) in respect of the local enquiries or other hearings that may be made before a development plan is approved;
   • (j) in respect of the manner in which the Government land after transfer to the Authority shall be dealt with;
   • (k) in respect of matters relating to leasing or hiring out or transfer of any property belonging to the Authority and matters ancillary or consequential thereto;
   • (l) in respect of the powers to be exercised and the functions to be performed by the members of the Authority including the Chairman and the Vice-Chairman.
8. (4) In making any rule, the Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees and in the event of the continuance of the offence, with an additional fine which may extend to thirty rupees for every day during which such breach continues after conviction for the first such breach.

1. (1) The Authority may, with the previous approval of the Government make regulations not inconsistent with this Act and the rules made thereunder to carry out the purposes of this Act; and without prejudice to the generality of this power such regulations may provide for: -
   • (a) the powers and duties of the officers and employees of the Authority; the salaries, allowances and conditions of service of its officers and employees;
   • (b) the terms and conditions of the continuance of use of any land used otherwise than in conformity with a perspective plan or development or an annual plan;
   • (c) the summoning and holding of meetings of a Committee constituted under section 27, the time and place where such meeting are to be held, the conduct of business at such meeting and the number of members necessary to form a quorum under sub-section
   • (b) of section 27;
   • (d) the fee and allowances payable to the members of the Committee (other than the members of the Authority) for attending the meeting of the Committee or any other work of the Authority under sub-section
   • (c) of section 27;
   • (e) works for the maintenance, improvement and other alterations of any building for which permission shall not be required under section 44;
   • (f) the form in which application for permission under sub-section
2. (1) of section 45, the particulars to be contained in and the documents to be accompanied with such application;
   • (g) the manner in which order under sub-section
3. (2) of section 45 shall be communicated to the applicant under sub-section
4. (5) of section 45;
   • (h) the amount of leviable users charges and its manner of collection under sub-section
5. (2) and terms and conditions including beneficiaries form which users' charges may be collected under sub-section
6. (3) of section 80;
   • (i) the principles, guidelines, planning norms and standards, building regulations, conditions and restrictions in accordance with which development may be undertaken or regulated;
   • (j) any other matter which has to be or may be prescribed by regulations and or any matter for efficient administrating of the objectives of this Act.
7. (2) Until the Authority is established under this Act, any regulation which may be made under sub-section (1), may be made by the Government and any regulation so made may be altered or rescinded by the Authority in exercise of its powers under sub-section (1).
8. (3) The regulations so made shall be published in the Official Gazette and shall come into force on the date of such publication.

The Government may, in consultation with the Authority and after previous publication of their intention, rescind any regulation made by the Authority, and thereupon such regulations shall cease to have effect.

1. (1) All rules made under this Act shall be laid before the State Legislature, as soon as may be, after they are made and shall be subject to such modifications as the Legislature may make during the session in which they are so laid or the session immediately following.
2. (2) All rules so made and after action completed under sub-section (1), shall be published in the Official Gazette and shall come into force on the date of such publication.

1. (1) Where the Government is satisfied that the purpose for which any Authority was constituted under this Act has been substantially achieved so as to render the continued existence of such authority unnecessary, the Government may, by notification in the Official Gazette, declare that the Authority shall be dissolved and cease to exist with effect from such date as may be specified in the notification and the Authority shall be deemed to be dissolved and cease to exist accordingly.
2. (2) From the said date:-
   • (a) all properties, funds and dues which are vested in, or realizable by the Authority shall vest in or be realizable by the Government or any agency or agencies, as may be specified by the government in this behalf;
   • (b) all liabilities which are enforceable against the Authority shall be enforceable against the Government;
   • (c) for the purpose of realizing properties, funds and dues referred to in clause (a), the functions of the Authority shall be discharged by the Government.

1. (1) The Sikkim Urban and Regional Planning and Development Act, 1998, and The Sikkim State Authority for Planning and Development Act, 2007 is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken or purporting to have been done or taken (including any rules, notifications or orders made or issued) in exercise of any power, conferred by or under the said Act shall, so far as it is not consistent with the provisions of this Act, be deemed to have been done or taken under this Act.