(1) The Chief Engineer-cum -Secretary or any other officer of the Deprartment authorised by him either before or after the institution of proceedings for any offence punishable under this Act, accept from any person charged with such offences by way of cornposi tion of the offence a sum not exceeding three thousand rupees as he thinks proper.
(2) On payment of such sum no further proceedings shall be taken against the said person in respect of the same offence.
Cognizance of 23. No court shall' take cognizance of any offence under this offence. Act except on the complaint of the Department made within six months next after the commission of the offence.
Appeal.
Protection of action taken in good faith, Power to make rules.
24. (I) Any person aggrieved by an order made by the officer authorised by the Chief Engineer-cum-Secretary of the Department may prefer an appeal to the Chief Engineer-cum Secretary of the Department and where such order is made by the Chief Engineer-cum-Secretary of the Department to the Government within thirty days from the date of the communication to him of such order :
Provided that the authority before whom an appeal is filed may entertain the appeal after the expiry of thirty. days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the prescribed period of thirty days.
(2) The appellate authority may, after giving the parties an opportunity of being heard, confirm, set aside or modify the order under appeal.
25. No suit or other legal proceeding shall lie against the Government or any officer or authority empowered by the Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
26. The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
Laying of rules before the Assembly.
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27. Every rule made under this Act shall be laid as soon as may be after it is made before the Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the sessions or the successive sessions aforsaid, the Assembly makes any modification in the rule or decides that the rule shall not be made, the rule shall thereafter have effect only in such modified form or be, of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
By Order of the Governor, B.R. PRADHAN, Secretary to the Govt. of Sikkim, Law Department.
( File No. 16 (213)/LD/1986. ) ---------.----- ...•....-~-------~-~---.•.
PRINTED AT THE SlKKlt..1 60VERNMENT PRESS, GANGTOK.