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Section 111

The Sikkim Urban and Regional Planning and Development Act,1998State Act of Sikkim · Act 7 of 1998

(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) 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) All complaints shall be filed within a period of 3 months from the date of occurrence or commission of the offence.

112. 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 authorised in writing in that behalf.

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

114. All fines rea/ised in connection with prosecution under this Act shall be paid to the concerned Authority in the prescribed manner.

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

Protection of action taken 116. No suit. prosecution or other legal proceedings shall lie against any person 48 in good faith.

Duty of police officer.

Finality of orders.

deemed to be a public servant under section 109 for anything which is done or intended to be done in good faith under this Act or any rules or regulation made thereunder."; ". .; , .~ I ,!

117. It shall be the duty of every police officer -

(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;

(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

(c) to assist any officer or employee of the Authority reasonably 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 thereunder.

118. Save as otherwise expressly provided in this Act, every order passed or directon or notice issued by the Gvernment 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 Validation of questioned in any suit or other legal proceeding.

acts and proceedings.

Temporary association of persons.

Power to delegate.

Where this provision sits

ActThe Sikkim Urban and Regional Planning and Development Act,1998
Section111
JurisdictionState of Sikkim
StatusIn force as published by the source

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