Vidhi Codex

section 21

Declaration of development area and constitution of Development Authority

The Sikkim Town and Country Planning Act, 2024
Infrastructure2024124 sections8 chapters
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Chapter III REGIONAL DEVELOPMENT PLANS

Statutory text
  1. (1) Upon enforcement of this Act in any area or areas under sub-section
  2. (3) of section 1, the Government shall, for the purposes of proper development of such area or areas, by notification, declare such area or areas to be a development area for the purposes of this Act and shall assign a name to such area.
  3. (2) The Government may, by notification and in accordance with such rules as may be made in that behalf:-
    • (a) exclude from a development area any area comprised therein; or
    • (b) include in a development area any other area.
  4. (3) As soon as may be, after the declaration of a development area under sub-section (1), the Government shall, by notification in the Official Gazette, constitute for the said development area a Development Authority, with effect from such date as may be specified therein.
  5. (4) Every Authority so constituted shall be a body corporate by the name of the development area for which it is constituted having a perpetual succession and a common seal with power to acquire, hold, manage and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
  6. (5) The Authority shall consist of the following members, namely:-
    • (i) Chief Secretary of the State Chairperson
    • (ii) Secretary, Urban Development Department Vice Chairperson
    • (iii) Chief Executive Officer, who shall be an officer of the Government Member Secretary
    • (iv) An Engineer Member, to be appointed by the Government Member
    • (v) A Finance and Accounts Member, to be appointed by the Government Member
    • (vi) A Town Planning Member, to be appointed by the Government Member
    • (vii) An Architect Member, to be appointed by the Government Member
    • (viii) Executive officers of urban local bodies comprised within the development area Ex-Officio Member
    • (ix) Executive officers of Panchayati Raj Institutions comprised within the development area Ex-Officio Member
  7. (6) The Chief Executive Officer shall be a whole-time member and any of the members appointed under clause
    • (iv) to
    • (vii) of sub-section
  8. (5) may either be whole-time or part-time members.
  9. (7) The Chairman, the Vice-Chairman and the whole-time members shall be entitled to receive from the funds of the Authority such salaries and allowances, if any, and governed by such conditions of service as may be prescribed by rules made in this behalf.
  10. (8) The Chief Executive Officer and members appointed under clauses
    • (iv) to
    • (vii) of sub-section
  11. (5) shall hold office during the pleasure of the Government.
  12. (9) Any member specified in the clauses
    • (iv) to
    • (vii) of sub-section (5), if part-time, and the members specified in clause
    • (viii) and
    • (ix) of that sub-section may be paid from the funds of the Authority such allowances, if any, as may be fixed by the Government in this behalf.
  13. (10) A member, other than an ex-officio member, may resign his office by writing under his hand addressed to the Chief Secretary, but shall continue in office until his resignation is accepted by the Government.
  14. (11) No act or proceedings of the Authority shall be invalid by reason of any vacancy in, or defect in the constitution of the Authority.
  15. (12) The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of its business at its meeting (including quorum at meetings) as may be prescribed.

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