The SIKKIM PUBLIC WORKS (LIABILITY OF GOVERNMENT AND CONTRACTOR) ACT,1983

SIK·K1M
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, ]/G6VERNMENT (iAZETTE
EXTRAO~DINARY, ,
PUBLISHED BY AUTHORITY
No. 153 Gangtok, Tuesday, October 4. 1983
GOVERNMENT OF SIKKIM
'LAW DEPARTMENT'
GANGTOK.
NOTIFICA nON
No. 13jLDjI983. Dated the 3rd October, 1983.
The following Act of the Sikkim Legislative Assembly having received the assent of
the Governor on 1st day of October, 1983,ishereby published for general information:- .
THE SIKKIM P.UBLIC WORKS (LIABILITY OF GOVERNMENT AND
CONTRACTOR) ACT, 1983
(ACT ~O. ~I OF 1??3)
AN
ACT
[ L10.83]
to provide for liability of the Government <l-~dth~ contractor for certain
damage caused to the property in the course of executing a public work and for
matters connected therewith., , .
Be it enacted by the Legislature of Sikkim in the Thirty-Fourth Year of the
Republic of India as follows :- .
2.
This Act n)-itYbe called the Sikkim Public Works (Liability of Govemrnent Short title, extent
and Contractor), Acr, 1983. and commencement •• ' 1 • 't ,':' • .
It extends to the whole of Sikkim.
It shall co~!,! in~o force o~ such ~~te a~ th~ Star~ Government Play, py
nqtific~ti9n,.~appo int ,
In this Act, unless the context otherwise requires,- Definitions,I ' II .t
"~~?id~bh~ q~~\lge" m,e~~ clJtting of rr~t(~,~t~ding q"?PS,~~ge to
huts, ~alllpjng~rdl!~pi~gmaterials9.~th~lallq?fanother per~~m 'lVith()~r
the authority of the owner of the said land ~d jl1cll.lq~s,'myo~qH p~wagr
which, in t~e opi~io~ of the Government, is not an unavoid~?le damage;
: I Chief fD:gip~~('m,e~~ a~?{l}?~r~fthe HRyerPmf~t~P,~i~t~H~s ~H'~~
whether or not in the Public vv.orks Department; .\':~"I\.:~'!l\ " .~, r. ·.i·.~~:. \ ," .' ,,1. v •
"Collector~' means the District Collector and includes any Officer especially
appointed by the Government to perform the fU:ncti~nsof the Collect:6r
under this Act;

Imposition of res-
trictions.
Powers to do cer-
tain preliminary
acts after publi-
cation oj notifi-
cation under section
3.
Payment for
damage.
'contractor' means a person or association of persons whether incorpora-
ted or not, who is entrusted with a public work; -', G:
"Government" means the .G~vernment 0 f Sikkim ; '..
'land' includes benefits toarise out of land, and things attached t~'\)J"!e i
earth or permanently fastened anything attachedto the earth; ',:"...\
"notification" means a. notification published in, the Official Gazette; ,
"person interested' ~ includes all persons claiming an interest in compen-
sation to be made on account of the imposition of restrictions upon
the use and enjoyment of land or on account of damage to any land un-
der this Act; \
Explanation.-A person shall be deemed to be ;nterested in land i.f he is interested in
an easement affecting the said land;
(9) "prescribed" means prescribed by rules made under this Act;
(ro) "public work" means any work relating to construction of road, building,
bridges or any other work entrusted by the Government to a contractor
for execution;
(I r) "unavoidable damage" means,-
(a) damage caused due to rock cutting on steep slopes where it is not
possible or practicable on the part of the contractor to contain
debris by erecting suitable barriers;
(b) landslides not caused due to negligences on the part of the contrac-
tor;
any other damage which, in the opinion of the Chief Engineer, for
reasons to be recorded in writing, is not an avoidable damage.
Whenever it appears to the Government that it is necessary to impose
restrictions upon the use and enjoyment of land in the vicinity of any
public work or of any site intended to be used or to be acquired for a~y
such work, it may, by notification, impose such restrictions on such land
as it may deem necessary, . .
A sketch plan of the land in respect of which the notification referred to
in sub-section (I) is issued shall be prepared on a scale not smaller than 6
inches to the mile indicating the boundaries of such land and the Collec-
tor shall cause public rioti ce of the substance of such notification to be
published at convenient places in the locality,
The notification referred to in sub-section (I) shall be conclusive proof
that it is necessary to keep the land free from buildings and other obstruc-
tions specified therein.
4. It shall be lawful for such officer as the Government may, by general or special or-
der, autho rise in this behalf, and for his employees, servants and workmen, at any time
after the publication of the notification under section 3, to enter upon and survey and
take levels of any land in such locality, to dig or bore into the sub-soils, to do all other
acts necessary to ascertain whether any land, if so, what restrictions should be imposed
on the use and enjoyment of the lanel, to set out the boundaries of the land upon the use
and enjoyment of which restrictions are to 'be imposed, or. of any part of such land, to
mark such levels and boundary lines by placir'g marks snd cutting trenches, and where
the survey cannot be completed or the levels' cannot be takerior the boundary lines
cannot be marked, to cut down and clear away any part of aliy standing crop, fence or
jungle:
(c)
Provided that no person shall enter into any building or upon ~ny enclo-
sed courtyard or garden attached to a dwelling house unless with the. consent of ~he
occupier thereof or without previously giving' such occupier atleast seven days' notice
in writing of its intention' to do so, .,'
5. The Officer authorised under .section 4 (her~inafter referred to as the authorised
officer) shall at the time of such entry pay; Or tender payment vfor allavoidable -damage
done or proposed to be done arid, incase of dispute as 'to the ~uffidency'of the amount
.so paid Or tendered, heshilll at once refer the dispute to the' decision ofvtheCollector
whose decision shall .be final,', .: , .' "; '. " '... ... :. .' ,. :.
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Whenever it notification has becn issued under section 3, it shal] be Lw-
Ful for the authoriscd officer or his employces, servants and workmen to
('11(,]' and f\(J11C lish <'11)' iJuil(1ing or other construction on the surface,
to cut down or grub up all or ;ny trees, to IT1110Ve or alter all or any of the
h~J'ks, fences, hcclrrcsand ditch s, to make \,ncl"rgwuncl. and other drains,
to fill I1p ell CXci\l';tons, and dr-rno lish all hUildings and other constructions
hclow the sllria('c, ul,d generally to level and clear the said Iand anr] to do
illl such acts for levelling and clearing the ,ame as he may deem necessary
or propcr, Inn. in such manner nevertheless that evidence of t!'ie bounda-
rics held by dilfen:,nt owners lll~y be preserved.
In case of t'llwrgcnc)" the Covcrnmcnt may, by notification, declare
th"t ,.II 01' an)' powers conferred by suh-sccuon (I) may be exercised at
~]1y time within one month after the public.u ion of the notification under
scction 3 and such po"vers may he exercised accordingly.
Norhin« in sub-section (I) shall preclude the authortsed d1-lCer or his
('mpl())~('s, servants ariel workmen frOTH exercising at any tirne the said.
POW('I"S I'()I- till' purpose of removing, wholly or in part, any builcling or
other ohstl'llCJioll, maintaine-d, created or added to, altered, planted,
stacked, stored or otherwise accumulated in contravention of this
Act OJ' of any rules or order made thereunder.
7, On ;Jilt! fr()],ll the:dat:<' of puhlication of the notification under section 3, such of the
[0!lowing rcst rictions, as the Government Il1<1Y, in its discretion, declare therein, sha11
attach with ('eference 11) such land, namely :-
(I)
(a) IlO variation shall be made in the ground-level, and no building, wall, bank
or other construct ion above the £,I-Olllld shall Le maintained, erected, added
to or altered othe rw isc than witl~ 1'1w previous written approval of the Go-
vernment or any officer autho i-iscd by it in this behalf;
no wood, earth, stone, brick, gmvel, sand 01' ot-her material shall be
:;tac.Jed or stored or otherwise accumulated, and if any of such materials
have been stacked or stored they shall be removed forthwith;
(c) no Jive-hedge;" rows or clumps of trees or orchards shall be maintained,
planted, arlclecl to or altered otherwise than with the previous approval of
the Governlllent or any officer authoriser] by it ill.this behalf.
8. lkf(-)n~ the expiry of 3 months from the date of publication of the notifica-
tion under seer ion 3, the Collector shall issue a notice to all persons in-
t('I'(:,;ted in such l,mclgivil~.'gthe date and time on which an enqUiry for assess-
ment of' dam;'gc is to be l1cld.
(2) Sl.Ic:hno tihcatinn "hall be served in accordance wit-h the provisions of the
C'odc IiI' Civil Procedure, 1908'
(1) ./\ person intcrc$tcd may, if he so desires, filea written objection before the
Co!lector.
(~_) On tht: d~y so fixed under this section or an)' other elate to which the enquiry
is adjourncd , the Collector shall proceed, enquire into the objections (if
any) filed by any person interested in the land and determine the amount
of dam~ge and (he interest of the person claiming the compens,at-ion and shall
make JJl award under his hand of :-
(it) the true area of the land and the nature of damage;
(h) the compensation which, in his opinion, should be allowed for any
damage caused or likely to be caused due to the execution of allY
public work or imposition of any restrictions;,
(c) tlw appo rt ionrncnt of the compensation alllongal! (-hepertoHs known
or believed to be interested in-the land, of who m or of whose claims
he h:,s inlo rrnation , whethe.1" or not thcy ,'ppcared before him.
The Collector shal] rive immediate notice of the award made by him to
such of the persons '~:ho areinterested ill the land hut who are not present
personally or by their representatives when the award was made.
(5)
Furtherpowers
exercisable after
publication of noli-
cation under sec-
tion 3.
Nature of res-
trictions.
Notice to persons
interested.
5 of 1908

Adjournment of
enquiry.
Power to summon and
enforce attendance
of witnesses, etc.
5 of 1908
Matters to be
considered in deter-
mining the amount
of compensation.
Matters not to be
considered in deter-
mining the amount
of compensation.
4
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9· The Collector may, for any cause he thinks fit, from time to time, adjourn- the ~:rl~\
q\liry to a (1.:1)'to be fixed by him. ~I •
\ ,10. For tne purpose cf, J1<fliry under this Act, the ColLctor ~h"ll.h;('\('. power to SUmlTIOn.",
an-! '.nforce fhe attendance of witr« ssc.sincludinq the persons ir .tercsted o r a) ly of th...m and' (
compel the production of do cum- nrs Ly the same means and in the same manner as far •
as m.ly be as is provided in the case <-f Civil Courts in the Code of Civil Procedure, I 908•
I I.
12.
Compensation by whom 13. (I)
payable.
.-------
In deterrnininjj the arnounr of compensation to be awarded for damage cau-;
sed, or likely to be caused, or for restrictions imposed under this Act,
the Collector ,;lull t •.l«, ii.to consideration -
( 1 )
(a) the acu.J d.';crea:c in mr.rlx.t value of the land owing to the publi-
cation of the notification under section 3;
(1.» the damage sustained by the person interested by reason of the
r. 1"110\·;,,1ef ;.nyst;,L('.irg creps, staking or storing of sand, stones or
other materials required in executing the public work;
(c) the damage, if any, sustained by the person interested by
reason of ceasing to be able to use such lend conjointly with
his other land j
(d) the damJge, if ,tI,y,sustained by the person interested by anythfng
which injuriously affects his other property, moveable or immova-
ble, in any other manner, or his caruinps ; "nd
(c) if, in comequ(,J1ce of the imposition of restrictions, the person
interested is compelled to change his residence or place of business
the reasonable expenses incidental to such change.
In ;1clc1.it-ionto amount of award, the Collector shall in every case award
a further sum equivalent to fifteen percent of such award:
In rIGtcrmininf, the rmo unt of compensation to be awarded for damage,
caused or likely to be caused for restrictions imposed under this Act,
the Collector d,;)ll not take into ccnsic'eration-c-
.r.;';
(a) the degree or urgency which has led to the damage Or the imposi-
tion of restrictions j .
(b) disinclination of the person interested to submit to damage or res-
trictions;
(c) any damage sustained by him, which, if caused by a private per-
son, would not render such person liable to a suit;
(d) any increase in the value of the other land of the person interested
occuring or Iikely to occur from anything done under this Act; or
(e) any outlay or improvements on, or disposal of, the land commenced,
made or effected without the previous approval of the Government
after the date of publication of the notification under section 3.
V.Jhile making the award under this Act the Collector shall indicate therein
whether the damage is avoidable or unavo idable ,
Where the damage is unavoidable the compensation shall be paid by the
Government or any other person or agency on whose behaif the work is
being executed, to t1w persons interested in accordance with the award
made by the Collector arid where the damage is avoidable it shall be payable
by the contractor within such time as may be specified in the notice
issued by the authorised officer.
The author iscd officer shall issue or cause to be issued a notice upon the
contractor calling upon him to deposit with such officer the amount of the
award within such time and in such manner as 'mav be specified in notice:
Where the contractor fails to comply with the notice issued under sub-
section (2), it shall be lawful for the authorised officer to recover the amount
on account of rbmRge as given in the award from the payments due to the
contractor or from the earnest mOlley or security deposit of the said con-
tractor lying with the Government whether or not under the said contract .
(.~)

5
the authorised officer may pay to the person interested the amount of com-
pensation on execution of indemnity bond by the person concerned.
It shall be the duty of the Government- to make available to the authorised
officer the amount of compensation. payable for unavoidable damage and
the authorised officer shall distribute the said amount in the manner speci-
fied in sub-section (4-).
Where any amount of compensation lies undisbursed with the authorised
officer, he shall keep the same in deposit in the bank as may be directed by
the Government.
Where the payments due to a contractor in respect of any public work, or
the earnest money or security deposits of such contractor are found by the
authorised officer to be insufficient to meet the amount stated in the award,
such authorised officer shall prepare a certificate of dues and send the same
to the Judicial Magistrate of the first Class of the area in which the land is
situated.
(2) The Judicial Magistrate of the first Class to whom such certificates is sent
shall forthwith realise the amount due from the contractor as if it were a fine
imposed by him and upon recovery of the amount, transmit the same to
the authorised officer.
(5)
(6)
(1) Procedure where
the payments due
to contractor are
insufficient.
Service of any notice under this Act shall be made by ddivering or tendering Ser~jces of
a copy thereof signed, in the case of a notice under section 3, by the officer notices.
therein mentioned and in the cases of any other notice, by an order of the
Collector. '
Whenever it may be practicable, the service of the notice shall be made on
the person therein named.
When such person cannot be found, the services may be made on any adult
male member of his family residing with him; and, if no such adult male can
be found, the notice may be served by affixing a copy on the outer door of
the house in which the person therein ordinarily dwells or carries on busi-
ness, or by fixing a copy thereof at some conspicious place in the Court
House and also in same conspicious part of the land upon which restrictions
are to be imposed ;
Provided that, if the Collector so directs, a notice may. be sent by
registered post in a letter addressed to the person named therein
at his last known residence, address' or place of business, and service of it
may be proved by the production ~of the addressee's receipt or postal
receipt.
IS. (I)
(2)
Any person aggrieved by the award made by the Collector under this Act Appeal.
may, within 30 days from the date of the knowledge of award, prefer an
appeal to the Government in the form of a Memorandum giving the grounds
of such appeal;
Provided that the Government may admit the appeal after the expiry
of period of 30 days if it is satisfied that the appellant was prevented by su-
fficient cause from filing the appeal within the time prescribed.
(2) No appeal shall be disposed of unless after giving the person concerned an
opportunity of being heard.
(3) The decision of the Government under this section shall be final and an
appeal against such decision shall, no twi thstand.inp anything to the
contrary contained in any other law, lie to the High Court only.
16. (I)
t t . No award made or appealpreferred llnde~."tllis ~}£shal1b~ ~h.il.geable with ~f;nlp'
duty and no person claiming under any such award shr.ll be liable to pay fee for a copy of
the said award or decision of the Government.
18. No suit, prosecution or other legal proceedings shall lie against any person for any-
thing which is in good faith done or intended to be done under this Act or the rules made
thereunder. .
J!xemption!rom·-'.-'
duty and fees.
Protection of action
taken in good faith.

Offence by com-
panies.
Penalties.
Power to remove
difficulties.
Power to make
rules.
Validation of acts
done or payments
realised before the
commencement of
this Act.
If th,e p~rson co~:!:ittiTlg ~n offe~~~ ll~d~r this ~~t, or the :;ules thereunder
is ~ ~.()l11p~~y,~\(en per~qp, ~~o at th~ Fime the ()ffel1<;~ ~~s committed,
was In charge ?f, and was responsible to, th~ c()mp¥1Y for ~he conrluc' ..Jf
the business' of the company, as well as the company, shall be deemed to be
guilty of the cortrayention and shall be liable to be proceeded against and
punished accordingly:
, Provided t~at nothin~ cont~~n.edin tris sub-section ~hall re~der any
such pers~n liable ~o a~y p~Tdshrnent ifh~ proves th~t t~e ?t:ence was com-
mitted Without his knowledge orthat he exercised all ~1je 4pigence to pre-
vent the commission of such offence.
Notwithstanding anything contained in sub-section (I) where the offence
under this Act or the rules made thereunder has been committed by a com-
pany and it is proved that the offence has been committed ~ith the consent or
connivance of, 'or is a~tributable to any negl~ct on the Bart of any director
or manager, Secretary or other officer of the company such director, mana-
ger, Secret arv or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purposes ?f thi~ ~~ction.-
(a) "company" means any body corporate and includes a firm or other asso-
ciation of indtviduals , and
(b~ "di~ector" in rela60~ to a fir~ means a parF~er in the firm.
20. Whoever contravenes the provisions of this Act or any rules, or notification made
thereunder shall be liable to be punished with imprisonment for a term which may extend
to six months ()r to a ~ne which fray extend to r:p.pees two thous<q1d.
2 I. If any difficulty arises in giving effect to any of the provisions of this Act the Govern-
ment may, by order, remove such difficulty:
(2)
Provided rh~t no such ~rder shall be made after t~e ~xpir~tion of period of two
years from t~e date of comm~ncemen~ ()ft~is Act.
22 Tpe Government may, by notification, rna~~ r~les ~?r ~he purp~s~ ()f giving effect
t() the prov~?ions of t~js Act. . .
23. All things done, actions taken or payments realised from a contractor for any damage
in respect of a public work ~ntr~sted tq that contractor befo:e the commencement of
this Act shall be, and sh~ll 'always be deep-t~d to be leg~l and vali~ notwithstanding
anytl:in~ to the co~~rary contair~d !n t~is Act, .
B. R. PRADHAN,
Secretary to the q~vern~ent of Sikkim,
Law Department.
F. ~o. 16(l85)/LD/83.
PRINTED AT HIB' ISl&lp!I,i 'OOY~RMM~ PRESS"GA~GTOK' ." ,, • " ' f ,~ ..•..." .." ~ '. ,.
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