(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 i rule, regulation or bye-law, certifies that it does not contravene any of the provisions 'I of any perspective plan or any development plan or regulations pertaining to planning i or building standards. I
(2) The matters referred to in sub-section (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 rehousing schemes.
Authority to 104 Where any area has been developed by the Authority it may require the local 46 require local authority to assume re~ sponsibility in certain cases.
Restriction on registration of documents.
Exemption from Stamp duty under law for the time being in force in SikkilTl.
Offences by companies.
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 connot be agreed upon, on terms and conditions settled by the State Government in consultation with the ioeal authority on a reference of the matter to State Government by the Authority.
105. 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 regsitered by the authority competent to register such deed or document under the provisions of the said Act, unless such deed or document is accompanied by a non-objection certificate from the concerned Authority, in the form prescribed under rules:
Provided that the competent authority may register any transfer:-
(a) where the land is owned by a person and the transfer is made without involving any further divisions; ,
(b) where the partition/sub-division of land is made in a Joint Hindu Family;
(c) where the lease is made in relation to a part or whole of a building; 'and
(d) where the mortgage is made for procuring the loans for construction or improvement over the land either from the Government or from any other financial institution constituted or established under any law for the time being in force or recognised by the Government.
106. Notwithstanding anything contained in the law for the time being in force in Sikk.im no duty shall be imposed on any deed or transfer of immovable property either by or in favour of the Authority,