(1) The Authority may, withthe previous approval of tile Government make regulations not inconsistent with this Act and the rules made threunderto carry out the purposes of this Act; and without prejudice to the generality of this power such regulations may provide tcr.-
(a) the powers and duties of the officers and employees of the Authority;
the salaries, allowances and conditions of service of its officers and empioyees;
(b) the terms and conditions of the continuance of use of any land used otherwise than in conformity with a perspective planar development or an annual plan;
(c) the fees and allowances whlch may be paid to the members of the Advisory Council for attending its meetings under sub-section (5) of section 26;
(d) the summoning and holding of meetings of a Committee constituted under sction 27,the time and place where such meeting are to be held, the conduct of business at such meeting and the number of members necessary to form a quorum under sub-section (2) of section 27;
(e) the fee and allowances payable to tile members of the Committee (other than the mernbers of the Authority) for attending the meeting of the Committee or any other work of the Authority under sub-section (3) of section 27;
(1) works for the maintenance, improvement and other alterations of any building for which permission shall not be required under section 44;
(g) tile form in which application for permission under sub-section (1) of ,., section 45, the particulars to be contained in and tl~e documents to be accompanied with such application;
(h) the manner in which order under sub-section (2) of section 45 shall be communicated to the applicant under sub-section (5) of section 45;
(i) the amount of leviable users' charges and its manner of collection under sub-section (2), and terms and conditions incluiqing beneficiaries from which users' charges may be collected under sub-section (3) of section 89;
(j) the principles, guidelines, planning norms and standards, building regulations, conditions and restrictions in accordance with whic!l developments may be undertaken or rgulated; and
(k) any other matter which has to be or may be prescribed by regulations and or any matter for efficient administratin of the objectives of this Act.
(2) Until theAuthority is established under this Act, any regulation which may be made under sub-section (1), may be made by the Government and a,ny regulation so made may be altered or rescinded by the Authority in exercise of its powers under sub-section (1);
. (3) The regulations so made shall be published in the Official Gazette and shall Cancellation come into force on the date of such publication.
of regulation 54 \ \ \ by the Government.
Laying of rules before State tegisteture.
Dissolution or the Authority.
Repeal and Savings.
,j
133. The Government may, in consultation with the Authority and after previous publication of thier intention, rescind an)' regulation made b}' the Authority, and thereupon such regulations shall cease to have effect.
134. ('1) All rules made under this Act shall be laid for not less than thirty days. before the State Legislature, as soon as may be, after they are made and shall be subject to such modifications as the legislature may make during the session in which they are so laid or the session immediately following,
(2) AI! rules so made and after action completed under sub-section ('I), shall be published in tile Official Gazette and shall come into force on the date of such publication, 'j 35. (1) Where the Government is satisfied that the purpose for which any Authority was constituted under this Act has been substantially achieved so as to render the continued existence of such authority unnecessary, the Government may, by notificaion in the Official Gazette, declare that the Authority shall be dissolved and cease to exist with effect from such date as may be specified in the notification and the Authority shall 'be deemed to be dissolved and cease to exist accordingly.
(2) From the said date:-
(a) all properties, funds and dues which are vested in, or realisable by the Authority shall vest in or be realisable by the Government or any agency or agencies, as may be specified by the Government in this behaif;
(b) all liabilities which are enforceable against the Authority shall be enforceable against the Government;
(c) for the purpose of reallsinq properties, funds and dues referred to in clause (a), the functions of the Authority shall be discharged by the Government.
136. CI) The Sikkim Town and Country Planning and Restriction on Transfer and use of Lands Ordinance, 1997 is hereby repealed.
(2) The Sikkim Allotment of House Sites and Construction of Building (Regulation and Control) Act, 1985 and the Sikkim Building Constructions Regulation, 1991 shall cease to apply to the development areas declared under this Act.
(3) Notwithstanding such repeal, anything done or any action taken or purporting to have been done or taken (including any rules, notifications or orders made or issued) in exercise of any power, conferred by or under the said Ordiance and the Act shall, so far as it is not consistent with the provisions of this Act, be deemed to have been done or taken under this Act. . I !
By Order of the Governor, T. D. RINZING.
Secretary to the Govt. of Sikl<om, Law Department.
F. No. 16 (295) lD/93 ~99 55 SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Monday 8th September, 2008 No. 390 GOVERNMENT OF $IKKIM LAW DEPARTMENT GANGTOK No. 29/LD/P/2008 Date: 19.08.2008 NOTIFICATION The following Act passed by the Sikkim Legislative Assembly and having received the assent of the Governor on the 4th day of August, 2008 is hereby published for general information:- THE SIKKIM URBAN AND REGIONAL PLANNING AND DEVELOPMENT (AMENDMENT) ACT, 2008 (ACT NO. 29 OF 200B) AN ACT further to amend the Sikkim Urban and Regional Planning and Development Act. 1998.
Be it enacted by the Legislature of Sikkim in the Fifty-ninth Year of Republic of India as follows» Short title, 1. (1) This Act may be called The Sikkim Urban and Regional Planning and Development extent and (Amendment) Act. 2008.
commencement
(2) It shall extend to the whole of Sikkim.
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint.
Amendment of 2.
Section 2.
In the Sikkim Urban and Regional Planning and Development Act. 1998 (hereinafter referred to as the "said Act").-
(i) for sub-section (5) of Section 2. the following entry shall be substituted. narnely.- "(5) "Authority" means Authority constituted under section 3A of the Act, Development Authority constituted under sub-section (3) of Section 21 and Authority constituted under SUb-section (3A) of Section 21 of the Act;
(ii) in sub-section (13) of Section 2 of the Act, after the words. "building or land" and before the words. "and includes" the following words shall be inserted. namely,- "or removal or relocation of building or house or structure or hut etc.".
Insertion of new 3.
Section 3A.
Insertion of new 4.
Section 4A.
Amendment of Section 21.
Amendment of Section 24.
Amendment of Section 26.
In the said Act, after the existing Section 3, the following new Section shall be inserted, namely, "Appointment of authority'3A-
(1) Where a Board under sub-section (1) of Section 3 of the Act has not been constituted, the Government may appoint such person or such official of the State Government, as it may deem fit, as an Authority to carry on the functions of the Board; .
(2) the Authority constituted under sub- section (1) may be aided by members not exceeding three in number, as may be appointed in this behalf by the State Government".
In the said Act, after the existing Section 4, the following new Section shall be inserted, namely:- "Functions and Power of Authority. 4A - The Authority constituted under Section 3A of the Act shall carry on the functions and powers of the Board as provided under Section 4 of the Act till the Board is constituted".
5. (1) In the said Act, after sub-section(3) of Section 21, the following sub-section shall be . inserted, namely- "(3A)- Where under sub-section (3) no Development Authority has been constituted but an Authority has been constituted under Section 3A of the Act whose powers and functions has been specified under Section 4A of the Act, the Authority so constituted under section 3A of the Act may also be designated as the Development Authority till such Development Authority is constituted under sub- section (3)01 the Act on a new Development Authority may be constituted consisting of not more than three persons".
6. (1) In the said Act, after sub-section (1) of Section 24, the following sub-section shall be inserted, namely,- "(2) The Development Authority constituted or so designated under sub-section (3A) of Section 21 of the Act, shall exercise the powers and functions of Development Authority provided under sub-section (1t.
7. In the said Act, after SUb-section (5) of Section 26, the following sub-sections shall be inserted, namely:- "(6) Where Advisory Council under sub-section (1) has not been constituted consisting of members as contained in SUb-section (2), the State Government may constitute a new Advisory Council consisting of not more than two members".
"(7) TheAdvisory Council constitufed under SUb-section (6) shall carry onwith the same powers and functions of Advisory Council as provided under the Act".
BY ORDER.
R.K. PURKAYASTHA (SSJS) LR-cum-Secretary Law Department File No. 16 (82)/ LD/P/2008 S.G.P'G. - 3901Gazette 1150 Nos.IDt:- 8.9.2008.
THE SUBSEQUENT AMENDMENTS TO THE SIKKIM URBAN AND REGIONAL PLANNING AND DEVELOPMENT ACT, 1998 (ACT NO. 7 OF 1998) AMENDED AND UPDATED UPTO SEPTEMBER, 2008