Vidhi Codex

The Sikkim Urban and Regional Planning and Development Act, 1998

The Sikkim Urban and Regional Planning and Development Act, 1998

General1998139 sections

The Sikkim Urban and Regional Planning and Development Act, 1998 establishes a unified legal framework for spatial planning and land development across Sikkim. It provides for the creation of a State Urban and Regional Planning Board and local Development Authorities tasked with formulating perspective, regional, and annual development plans. The legislation regulates land use, building operations, infrastructure provision, and environmental conservation, while instituting mandatory permissions and development charges for construction activities. Applying to land developers, private property owners, municipal bodies, and government agencies, the Act ensures orderly urbanization, sustainable resource management, disaster preparedness, and planned socio-economic growth throughout the state.

Start reading →Read full ActSections
  1. 1. Short title, extent and commencement.
  2. 2. Definitions.
  3. 3. State Urban and Regional Planning Board.
  4. 4. Functions and powers of the Board.
  5. 5. Term of office and conditions olf service of the Members of the Board.
  6. 6. Meetings of the Board.
  7. 7. State Chief Town Planner and his functions.
  8. 8. Office of the Chief Town Planner to function as technical secretariat forthe Board.
  9. 9. Approval of State Perspective plan.
  10. 10. Review and revision of State Perspective Plan
  11. 11. Declaration of regional planning a.rea.
  12. 12. Preparation of regional development plan.
  13. 13. Contents of a regional development plan.
  14. 14. Power of Government to require the Chief Town Planner to prepare a regional development plan for any area.
  15. 15. Board to consider the regional development plan.
  16. 16. Public notice of the regional development plan.
  17. 17. Approval by the Government.
  18. 18. Publication of the regional development plan.
  19. 19. Effect of the regional development plan.
  20. 20. Revision of the regional development plan.
  21. 21. Declaration of development area and constitution of Development Authority.
  22. 22. Power to withdraw a development area from operation of this Act.
  23. 23. Appointment of local authority as development authority.
  24. 24. Functions and powers of development authority.
  25. 25. Staff of the Authority.
  26. 26. Advisory Council.
  27. 27. Constitutions of Committees.
  28. 28. Objects of the Authority.
  29. 29. Authority to act on general business principles.
  30. 30. Preparation of Existing Land Use Map and Register.
  31. 31. Notice of the preparation of the Map and the Register.
  32. 32. Power of the Government in case of default of Chief Town Planner or Authority to prepare the Map and Register.
  33. 33. Preparation of perspective plan of development area and its contents.
  34. 34. Existing plan to be deemed as perspective plan.
  35. 35. Power of Government in case of default of development authority to prepare the Plan.
  36. 36. Preparation of development plan of development area and its contents.
  37. 37. Approval of perspective plan of development area.
  38. 38. Approval of development plan.
  39. 39. Review, revision and preparation of fresh perspective plan of the development area.
  40. 40. Review, revision and preparation of fresh development plan of the development area.
  41. 41. Provisions of development plan to prevail.
  42. 42. Modifications in perspective plan or development plan of development area.
  43. 43. Use and development of land to be in conformity with the development plan, or development scheme.
  44. 44. Prohibition of development.
  45. 45. Permission for development.
  46. 46. Appeal against refusal or conditional grant of permission.
  47. 47. Lapse of permission.
  48. 48. Obligation to acquire land on refusal of or on grant of permission in certain cases.
  49. 49. Power of revocation or modification ot permission to develop.
  50. 50. Penalty for unauthorised development or for use otherwise than in conformity with the development plan or development scheme.
  51. 51. Power to require removal of unauthorised development.
  52. 52. Power to stop unauthorised development.
  53. 53. Removal or discontinuance of unauthorised temporary development summarily.
  54. 54. Power to require removal of authorised development or use of land.
  55. 55. Interim provision pending preparation of plan.
  56. 56. Over-riding effect of this Act.
  57. 57. Power of the Authority to undertake development schemes.
  58. 58. Development schemes.
  59. 59. Power of the Authority to engage consultants.
  60. 60. Publication of the development scheme and its approval.
  61. 61. Power of the Authority to set-up functional agencies.
  62. 62. Auction of Floor Area Ratio.
  63. 63. Power to acquire land under the Land Acquisition Act, 1894.
  64. 64. Special provision for invocation of section 4 of Land Acquisition Act, 1894 in certain cases.
  65. 65. Acquisition of property by the Authority.
  66. 66. Transfer of Government land to the Authority.
  67. 67. Acquisition of land by way of negotiated settlement.
  68. 68. Disposal of land and other property by the Authority.
  69. 69. Levy of development charge.
  70. 70. Rates of development charge.
  71. 71. Assessment and recovery of development charge.
  72. 72. Appeals against assessment
  73. 73. Development Charge to be a charge on land and to be recoverable as arrears of land revenue
  74. 74. Development works by promoters
  75. 75. Power to grant licence to promoters
  76. 76. Application for grant of licence
  77. 77. Additional provisions where cost of development work is to be realised in advance
  78. 78. Provisions for economically weaker sections
  79. 79. Recovery of capital or maintenance cost of amenities
  80. 80. Development works in joint-sector
  81. 81. Rules for regulating development by private and joint sector
  82. 82. Reference to Arbitrator in case of dispute
  83. 83. Fund of the Authority and its application
  84. 84. Budget
  85. 85. Accounts and Audit
  86. 86. Increase in duty on certain transfer of immovable property
  87. 87. Charges for using agricultural land for building purposes
  88. 88. Contribution by the Authority to the Board, and the District Planning Committee
  89. 89. Levy of user's charges
  90. 90. Contribution by municipal bodies to the development fund
  91. 91. Annual reports
  92. 92. Pension and Provident fund
  93. 93. Action by Government while issuing notification under sub-section (3) of section 1
  94. 94. Restrictions on use and development of land after declaration of regional planning area/development area
  95. 95. Power of entry
  96. 96. Service of notice etc.
  97. 97. Public notice how to be made known and the notices, etc. to fix reasonable time
  98. 98. Authentication of orders and documents
  99. 99. Mode of proof of records
  100. 100. Restriction on the summoning of officers and servants of the Board, and the Authority
  101. 101. Prohibition to supply electricity, water etc.
  102. 102. Transfer to authority for purposes of
  103. 103. Restriction on power of a local authority to make rules, regulations or bye-laws in respect of certain matters.
  104. 104. Power of Authority to require local authority to assume responsibility in certain cases.
  105. 105. Restriction on registration of documents.
  106. 106. Exemption from Stamp duty under law for the time being in force in Sikkim.
  107. 107. Offences by companies.
  108. 108. Penalty for obstructing contractor or removing mark.
  109. 109. Sanction of prosecution.
  110. 110. Compounding of offences.
  111. 111. Cognizance of offence.
  112. 112. Right to appear by recognised agent.
  113. 113. Jurisdiction of courts.
  114. 114. Fine when realised to be paid to the concerned Authority.
  115. 115. Members and officers to be public servants.
  116. 116. Protection of action taken in good faith.
  117. 117. Duty of police officer.
  118. 118. Finality of orders.
  119. 119. Validation of acts and proceedings.
  120. 120. Temporary association of persons.
  121. 121. Power to delegate.
  122. 122. Power of the Authority to borrow money.
  123. 123. Control by the Government and the Board.
  124. 124. Suspension of the development plan in emergency by Government.
  125. 125. Returns and information.
  126. 126. Qualifications of the Chief Town Planner and the Town Planning Members of the Authority.
  127. 127. Effect of laws.
  128. 128. Power to fix land values within the development area.
  129. 129. Provisions of the perspective plan to stand modified in certain cases.
  130. 130. Power to make agreement.
  131. 131. Power to make rules.
  132. 132. Power to make regulations.
  133. 133. Rescinding regulations
  134. 134. Laying of rules before State Legislature
  135. 135. Dissolution or the Authority
  136. 136. Repeal and Savings
  137. 71(4). Appeals against assessment
  138. 71(5). Appeals against assessment
  139. 71(6). Appeals against assessment

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