The SIKKIM URBAN AND REGIONAL PLANNING AND DEVELOPMENT ACT,1998

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Ganqtok, Thursday 29th April 1999
.------ ,~-----------------------------------------------No. 96
GOVERNMENT OF SIKKIM
LAW DEPARTMEN'r
GANGTOK.
NO.7/LD/99 Dated the 8th March, 1999
NOTIFICATION
The following Act ofthe Slkkim Leqislative Assembly having received the assent of the Governor
on 21 st day of February 1999 is hereby published for general information :-
THE SIKKIM URBAN AND REGIONAL PLANNING AND DEVELOPMENT ACT, 1998
(ACT No. 7 of 1998)
AN
ACT ,
to make provision for the promotion of development and regulation of growth of regions and of
urban and rural areas in the State of Sikkim and for purposes connected therewith and incidental
thereto:
Whereas it is expedient to make provision for the promotion of development and regulation of
growth of regions and of urban and rural areas in the State of Sikkim and for purposes connected
therewith and incidental thereto.
Be it enacted by the Legisiature of Sikim in the Forty-ninth Year of the Republic of India as
follows:-
Short title,
extent
and com-
mencement.
CHAPTER -I
PRELIMINARY
1. (1) This Act may be called the Sikkim Urban and Regionai Planning and
Development Act, 1998.
(2) It extends to the whole of Sikkim.
(3) It shall come into force on such date as the State Government may, by
notification in the Offica! Gazette, appoint and different dates may be appointed for
different areas.
2. In t!~jsAct, unless there is anything repugnant in the subject or context, -
(1) "agriculture" includes horticulture, farming, growing of crops, fruits, veg-
etables, flowers, grass, fodder and trees or any kind ofcultivation of soil, breeding and
keeping of livestock including cattle. horses, donkeys, mules, pigs, fish, poultry and.
bees and use of land which is ancillary to the farming of land or any other agricultural
purposes, but shall not include the use of any land attached to a building for the
purposes of a garded to be used alongwith such building, and "agricultural" shall be
construed accordingly;
Definitions.

(2) "amenil''1'' includ!3& roads and str~<~ts,water, gas and electric supply, o~
spaces, parks,recreatlorrl~1grounds,playgrounds,culturalcentres, naturalteatun
streetliqhtinq, sewerage,qraina.ge, publlc tactlities and such other utilities, servlc-
and '6dhveniences; .
(3) "snnuei plen" meansa pian conceived w!t\lin the framework ofthe dev!3lr
ment plan oftile development area containing the physical and fiscal details ofthe ne,
and ongoing projects or schemes to be undertaken in a financial year;
(4) "Area of bad hwout or obsolete de!f~/Qpment'l means an area consisting
of land which is badly laid out or of obsolete development together with othe land
contiguous or adlacent thereto which is defined by a perpective plan, development
plan or an annual plan as an area of bad layout or obsolete development;
(5) "Authority" means a Development Authority constituted under sub-section
(3) of section 21 for adevelopment area under this Act;
(6) "Board II means tile SHckirnUrban and Hegional Planning Board constituted
under sectlon 3 of U,is Act;
(7) "Building" includes anystructure or erBGUOnOrpartota structure or erection
which is intended to b!3usedfor residential, industrial cornmerclal or other purposes
whether in actual use or not;
I
(8) "building operetione" tnctude.-
(a) erection or re-erectlonot a building or any part of it;
(b) roofing Of' re-rooflnq of abuilding orany part of abuildin~Jor an open space;
(c) any material alteration or enlargement of any building;
(d) any such alteration of a buildingas is IikJilyto attect an alteration of its
drainage or sanitary arrangements or materially affect its security; and
(e) the constructionof a door orwindow openinq on any street or land not
belonging to the owner of the building;
(9) "Chief Town Planner" means the State Chief Town Planner appointed under
section 7 of this Act;
(10) "commerce" means the carrying onofany trade, business orprofession, sale
Qrexchange ofgoods ofany typewhatsoever. and includes the runningof,with aview
to making profit, hospitals or nursing homes, infirmaries, educational institutions and
also hotels, restaurants and boardinq houses not attached to any educational
institution, saralsand "commerciel" shall be construed acoordingly;
t·
(1'1) "commercial Use" Includes the use of any land or building or part thereof for
purposes of commerce for storage of ~:jOods,oras anoffice, whether attached to any
industry or otherwise;
(12) "court" means a principal civil court of original jurisdiction and includes any
other civil court empowered by the Government to perform the functions of the court
, under this Act within the pecuniary and local limits of its jurisdiction;
(13) "development" with its grammatical variations means the carrying out of
building,engineering ITlining,quarryingorotheroperationsin,onoverorunderland,
the cutting of a hill or anyportion thereof or the makingof any materia!change inany
building or land, or inthe use"of any building or land, aile!includes SUb-division of any
land;
.. (14) "develop"!!J!Jt IiIfea"means the area orqroup ofareas declared as develop ..
ment area under SUb-section(t) of sectlon 21 of thls Act;, '. '. • • : •.• ,' "~I ,,(00\. ""'.. .',

·f
(15) "deve/opmentlplan" means a develop~er,t plan preparec TOr lilt;; •..•"' ••.•,•.•1"
. . 1 I . I' :
ment area under this Adt; . .;
(16) "Engineering Operations" include the form~tion or the laying out of means
of access to a road orthe laying out of means of water supply, sewerage, gas or of
electricity cables or lines orof telephone lines and other communication lines and
public utility services; I
(17) "existing land use" means the pre-dominant purpose for which any land or
building was being used on a specified date;
(18) "Government" means the State Government of ~ikkm;
(19) "Industry" includes the carrying on of any manutacturinq process as defined
in the Factories Act; 1948 and "industrial" shall be construed accordingly;
I
(20) "Industria/use" includes the use of any land or IJuilding or part thereof for
purposes of any industry; I
(21) "tend" includes benefits arising out of iand attached to the earth or permanently
fastened to anything attached to the earth;
(22) "local eutnortty" means a Municipal Corporation c?ra Municipal Council or a
Nagar Panchayat constituted under the Sikkirn Munlcipalltles Act, 1995 or a Bazaar
Committee or other authority legally entitled to, or entrusted by the Government with
the control or management of a municipal or local fund or which is permitted by the
Government to exercise the powers of a local authority, and includes Urban
Development and Housing Department and a local authority is a "Local authority"
concerned ifany land within its local limits falls in the area 'ofaplan prepared ortobe
prepared under this Act;
(23) "local newspaper" in relation to any regional planning area or the develop-
ment area means any newspaper published or circulated within that areas;
(24) "means of access" includes any means of passage whether private or public,
for vehicles or Torpedestrians and includes any street;
(25) "natural hazard" means the probability of occurrence within a specified
periods of time in agiven area of apotentially damaging natural phenomenon;sudden
happening and occurrence of natural calamity like flood, earthquake, etc.;
(26) "notification" means a notification published in tille Official Gazette;
(27) "occupter" includes z-
(a) a tenant;
(b) anowner Inoccupation oforotherwise using his landor building or part thereof;
(c) a rent free occupant of any land or building or part thereof;
(d) a licensee in occupation of any land or building or part therof;
(e) any person who is liable to pay to the owner damages for the use and
occupation of any land or building or part thersot;
(28) "operational construction" means any constructlon whether temporary or
permanent, which is necessary for the operation, mai'ntenance, development or
execution of any of the following services, namely:-
(a) railways;
(b) national highways;
(c) national waterways;
(d) major ports;
(e) airways and aerodromes; .
(f) posts and telegraphs. telephones, wireless, broadcasting and other like
forms of communication;
3

(g) regional grid ~?felectribty; and
(h) any other s9ri1!¢ewhich the Government may, if it is of opinion that the
operation, maintenance, development or execution of such other service
.is essential tothe'Iite of the cornrnuntlyby notification, declare to be a
service-for the purposeofthis clause, I
Explanation: For the removal of doubts, itis hereby declared that the construction ot-
(i) new residential buildings (other than gate lodges, quarters for limited
essential operational staff arid the like) roads and drainsih railway colonies, hotels,
clubs,institutions and schools in the case of railways; and
(ii) a new building, new structure or new installation or any extension thereof,
inthecaseofany other service, shall not be deemed to bean operational construction
within the meaning of this clause.
(29) "owner" includes Clmortaqee in possession, a person who for the time being
is necessary or is entitled to receive, or has received, the rent premium for any land
whether on his own account or an account of. or on behalf of, or tor the benefit of any
other person or asan agent, trustee, guardian or receiver for any other person or for
any religious or charitable institution, or who would so receive the rent or premium or
any other consideration orto be entitled to receive the rent or premium ifthe iand were
letto atenant, and includes the Head of aGovernment Department, General Manager
of a Railway, the Secreiary or other principal officer of a Local Authority, statutory
authority of a company, i:nrespect of properties under their respective control;
(30) "perspective pian," means a long term (twenty five years) plan providing the
goals; policies,strategies andgeneralprcqrarnrnesofspatlo-eoonornicdevelopment
of the State ofSikkim or the development area, as the case may be;
(31) "plan" means a state perspective plan prepared bythe Board under section
4 or a regional development plan of the regional planning area prepared by the Chief
Town Planner under section 12or a perspective plan or p,development plan or an
annual plan of a development area prepared by the Development Authority under
Chapter VI of t~is Act and includes their review and revision;
(32) "prescribed" meansprescribed by rules made under this Act;
(33) "proiects and schemes" means plans conceived within the framework of
approved perspec tlve plan. development plan or the annual plan of the development
area containing detailed working layouts with all supporting infrastructure and
documents including cost of development, sourcsol finance and recovery instru-
ments for their execution;I
•
(34) "promoter" includes an individual company or association or body of individu-
als, whether incorporated or not, a co-operative society, a corporate body or an
agency- national or. international to whom a licence is giv~n under section 76 to
undertake development works within the framework of a plan or a deve!opment
scheme duly approved under this Act;
(35) "private street" means any street, road, square, court, alley, passage or riding
path which is not a public street but does not include a pathway made by the owner
4

of premises on his own land to secure.access to or for the convenient use of SUCh
premises;
(36) "public place" means any place or building which is open to the use and
enjoyment of the public, whether It is actually used o~enjoyed by the public or not,
and whether the entry is regulated by any fees or not;1
(37) "public building" means any building to whtch the-public or any class or
section of the public are granted access or any buildin'g, which is open to the public
or any class or section of the public and includes any building-
(a) used as a school or college or a university or other educational institution,
hostel, library, hospital, nursing horne, dispensary, clinic, maternity centre or any
other like institution, club, lodging house, choultry, coreehouse, boarding house, or
eating house;
(b) ordinarily used bythe-
(i) Central or any State Government or any local authority or any body
corporate, owned or controlled bythe Central or any State Government; or
(ij) public or any class or section of the public tor religious worship or for.
religious congregation;
'e11
(38) "public open space" means any land, whether enclosed or not, belonging to
the Centra! or 'any State Government or any local authority or anybody corporate.
owned or controlled by the Central or any State Government, on which there is no
building or ofwhich not morethan one-twentieth part,iscovered with buildings and
the whole or remainder ofwhich is used for purposes of recreation or as open space;
(39) "public street" means any street. road, square, lourt,alley, passage or iiding
path over which the public have a right of way,whether a thcrouqh-tare or not, and
includes the roadwayover any public bridge orcauseway, the footway attached to any
such street, public bridge or causeway and the drains attached to any such street,
public bridge or causeway and land, whether covered or not by any pavement,
varandah or other structure, which lies on either side of the roadway upto the
boundaries of the adjacent property whether that property is private property or
property belongingtothe Central or State Government;
(40) "reiiwev"meansa railway defined in the indian Railways Act,1890;
(41) "re-ettocetion of population" means in relation to an area of bad-layout or
obsoletedevelopment or a slum area, the making available inthatareaor elsewhere,
of accommodation, for residential purposes or for carrying on business and qt~~r
actlvities, together with amenities, to persons living or carrying on business or otl1er
activities inthe said area whohave to be so accommodated so that the said area may
be properly planned;
, ..
(42) "regulation" means a regulation made under this Act by on Authority and
includes zoning and also other regulations made as 8]part of a development plan;
(43) "residence" includes the use for human habitaition of any iand or building .or
part thereof including ga.rdens, grounds, garag_9s,stabtes and out-houses, if any,I
5

·'appurtaining to such building and "residential" shal. be construed a,ccordirigly;
(44) "rule" means a rule made under this Act by the State Government;
(45) "scheme" means adevelopment scheme and includes a plan or pians together
with the descriptive matter, if any relating to such scheme;
(46) "slum area" means any predominantly residential area where the dwellings
which by reason of dilapidation, over crowding, faulty arrangements or design, lack
of ventilation, light or sanitary facilities or any combination of these factors, are
detrimental to safety, health or morals ofthe inhabitants or others and which isdefined
by a development plan as slum area;
(47) "State" means the State of Sikkim;
(48) "toerect" in relation to any building includes ..
(a) any material alteration or enlargement of any building;
(b) the conversion by structural alteration of palce for human habitation of any
building not originally constructed for human habitation;
(c) the conversion into more than one place for human habitation of a building
originally constructed as one such place;
(d) the conversion of two or more places of human habitation into a greater
number of such places.
(e) such alterations of a buildings as affect an alteration of its drainage or
sanitary arrangements or materially affect its security;
(f) the additon of any rooms, buildings, houses or other structures to any
buildings; and
(g) the construction in awall adjointin9 any street or land not belonging to the
owner of the wall, of a door opening on to such street or land.
(49) "uneuthorlsed occupation" in relation to any premises means the occupation
by any person ofthe premises belonging to the Authoriyt without any authority for such
occupation and includes the continuance of this occupation by any person of the
premises after the authority (whether by way of grant or any other mode of transfer
under which he was allowed to occupy the premises) has expired or has been
determined for any reasons whatsoever; .
(50) "urban local body" means a municipal corporation or a municipal council or
a nagar panchayat constituted under the Sikkim Municipalities Act, 1995.
Words and expressions used in this Act but not defined shall have the same
meanings respectively assigned to them in the Sikkim Muncipalities Act, 1995; the
Sikkim Allotment of House Sitesand Constructionof Building(Regulation and
Control) Act, 1985 and the Sikkim Building Construction Regulation, 1991.
6

State Urban
and .Regiona/
Planning
Board.
Sii(~{!M ~maAN ~.NDHEGiONAl PLAI\lNiNG BOARD
3. (I) As soon as may be, after the commencement of this Act.the Government
shall, by notificationintheOfficialGazette,constituteandappointforthe purpose of
carrying outths functions assignee! to itundarthls Act, the SikkirnUrban and Regional
Planning Board.
(2)
.. (;~)
••• (4)
(5)
(d}
(8)
(f)
(9)
(h)
t),I
(j)
(\
(k)
The Board shall consist of a Chairperson, Vice Chairperson and not more
than twenty other membersto be appointed by the Government.
The Chairperson of the Board shall be the Chief Minister of the State .
Th(7Vice-Chairperson ofthe Board shal' bethe Minister- in-charge of
Urabn Development and Housing Department.
The other members shah consist of thetollowlnq :-
(a) Chairperson ofthe State Planning Board or the Deputy Chairperson
of the· State Planning Board in case ~heChairperson is the Chief
Minister;
(b) Chief Secretary ofthe State;
(c) Secretari.8s to the Government notexceeding eight in number inthe
departments dealing with WrbanDevelopment and Housing,
Agriculture, Industries, Plai~ning and Development, Education.
Finance. Rural Development, Buildings, Public Health Engneering,
Mines and Geology, Roads and Bridqes' and Tourism;
Chairperson, State Finance,Commission constituted under Article
24~3···1of the Constitution of India read with section 97 of the Sikkim
Pancnayat Act, 1993; I
Secretary, Sikl<irnNatlonalised Transport;
Chairperson, State Pollution~Control Board;
Principal Chief Oor.servatorot Forests and Wild Life;
Secretary, Power;
Twomemberstobenominatedby theCentral Governrnentto repre-
sentthe Department/Ministers ofthat Government dealing with
Defence. Public Works and Urban Development;
Twonon-officials,who intheopinionoftheGovernment, have special
knowledg~} or practical experience of matters relating to town and
countryplanninq,MinesandGeology,engineering,transport, indus-
1.fY,commerce', agriculture or economics; I
Onememberofthe Sikl{irnLegislative Assemblyto benominated by
the Govmnrnent.
{6} The Chk'lt Town Planner shall be the ex-officio Secretary to the Board.
Functionsend . 4. (1) Subject to the provisions of thisAct and the rules framed thereunder.
powers of the the functions of the Board shall be to advis~the Government in matters relating to
Board. poticyforrnulations forplanning, developmentand implementation ofState proqrarnmes
anduseofruralandurbanlandintheState,andtoguide.direct,and assistthe District
Plarminq Ccmmlttee constituted under section 184 of the Sikkim Municipalities Act,
1995,
(2) In particular and without prejudice to the generality of the foregoing
,
r

I
Term of office
and condi-
tions olf ser-
vice of the
Members of
the Board.
Meetings of
the Board.
1" v ••• ,,,vJI::i, me eoarc shall, with,the advice of the:Chief Town Planner of the State,
formulate perspective plan within three years trornthe date ofcommencement ofthis
Act, for achieving spatlo-ecororrac developrnent a'n'd social ju~tice. Such a pian shall
contain policies 'and strategies regarding any or all of the following matters as may be
considered necessary, namely :-
(a) Physicai and natural resource potentials and their utilization and fiscal
resource mobilization;
(b) natural disaster prone areas; ,
(c) poverty alleviation and empioyment in both formal and informal
sectors:
(d) development of trade, commerce, and industries;
(e) agriculture and rural development;
(f'1Inational and state level transportation network;
(g) infrastructure development;
(h)urbanisation trends, urbanisation policy, settlement pattern of large
and medium towns and their functional specialization;
(i) protection of environmentally and ecologically sensitive areas and
conservation of national and state level heritage areas;
U) generalised land use;
(k) phasing of the plan in periods of five years coterminus with the State
Five Year Plan; and
(I) any other particulars and details as may be prescribed or as may be
directed by the Government.
(3) Annual review of the physical achievements of th~ investments made by
the various Authorities and agencies for the last preceding year and submission of a
report thereon to the Government.
(4) Advising the Government on resolving inter-district spatial development,
resource utilisation and infrastructure development issues,
(5) Resolution of conflicts arising out of overlapping "functions between the
District Planning Committees and the municipal bodies constituted under the Sikkim
Municipalities Act,1995 and the Development authorities set up under this Act.
(6) Any other matter as may be prescribed or as may be directed by the
Government.
5. (1) The term of office and conditions of service of the members of the Board
shall be such as maybe prescribed and the non-official members shall be entitled to
receive such allowances as may be fixed by the Government.
(2) The Government may, if itthinks fit, terminate the appointment of any non-
official member of the Board at any time.
(3) A member of the Board appointed under clause (j) of sub-section (5) of
section 3 may resign his membership of the Board by giving notice in writing to the
Government and on such resignation being accepted by the Government. he shall
cease to be a member of the Board.
(4) Any vacancy created under SUb-section (2) or (3) shall be filled by fresh
appointment bytheGovernment.
6. (1) The Board shall meet atsuch times and places, not less than twice in a
calender year and shalf observe such procedure as may be prescribed in regard to
the transaction of its business at such meetings,
(2) The Chairperson or inhis absence the Vice-Chairperson or inthe absence
8

State Chief
Town Plan-
ner and his
functions.
.;"
Office of the
Chief Town
Planner to
function as
technical sec-
retariat forthe
Board.
of both, any member chosen bythe members present from amongst themselves shall
preside at a meeting of the Board.
7. (1) Forthe purpose of advising the Government matters related to urban and
regional planning and development and also to perform the functions specified insub-
section (2) of section 4, the Government shall appoint a person having educational
qualifications as may be prescribed as the Chief Town Planner of the State,
hereinafter called the Chief Town Planner.
(2) The Government shall provide the ChiefT own Planner such establishement
.••••consisting of such officers and staff as may be necessary.
(3) The pay and allowances of the Chief TownPlanner and his establishment
shall be met out of the consolidated fund of the Government.
(4) The duties and functions of the Chief Town Planner shall-
(a) advise and render technical assistance to the Government pertaining
to spatial planning and development and implementation of relevant
state programmes;
(b) render technical assistance to the Board in the formulation of State
urbanlsatlon policy and State perspective plan;
(c) render technical guidance and assistance to the District Planning
Committees constituted under section 184 ofthe Sikkim Municipalities
Act, 1995 inthe preparation of draft development plans of the districts
in the State;
(d) prepare a Regional Development Plan for the regional planning area
and follow the necessary procedure for its approval and revision as
laid down in Chapter III of this Act;
(e) scrutinize the various plans submitted to the Government and the
Board for approval under this Act;
(f) ensure that the development plans prepared by the authorities are
within the"framework of the approval perspective plan of the con-
cerned area;
(g) prepare and publish plans, if so directed by the Government in the
vent of default by a District Planning Committee or the Authority;
(h) render technical assistance and guidance to the authorities and other
development agencies operating in the State; _
(i) provide or organise necessary research inputs and other studies
either himself or through the help of consultants for formulation of
policies, strategies, norms, standards, laws, rules, regulations and
guidelines pertaining to urban and regional planning and develop-
ment;
U) provide and promote manpower training facilities;
(k) establish an urban and regional planning information system anda
network for dissemination of information among various development
agencies;and
(i) perform any other function, as may be directed by the Government,
from time to time.
8. The office of the Chief Town Planner shall also function as the technical
secretariat of the Board and inorder to enable him to perform the functions as detailed
in sub-section (4) of section 7, the Government shall provide in consultation with the
Board,suchadditionalofficersandstafftotheChiefTown Planneras itmayconsider
necessary.
9

Approval of
State Per-
spective
plan.
9. (1) The State Perspective Pian, after approval by the Board, shall be for-
warded to the Government.
(2) On receipt oJthe State Perspective Plan the Government may publish the
salient features of such a plan in atleast two local newspapers circulating in the State
of which one must be inthe regional language, for information of the public specifying
the place or places where a full copy of such may be inspected, invited objections,
suggestions, modification, jf any.
(3) Any such objections, suggestions, modifications shall be examined and
considered by a Committee to be constituted by the Government.
(4) The Government may, approve the perspective plan with or without the
modifications proposed by the Committee within a period of 90 (ninety) days from the
date of receipt of the State perspective pian by the State Government.
..
Review and 10. (1) At least once inten years from the date of approval of the State Perspective
revision of Plan by the Government under sub..section (4) of section 9, the Board, with the
State Per- assistance of the Chief Town Planner, shall review such plan and prepare a fresh
spective Plan State Perspective Plan for a period of twenty-five years from the date of review after
incorporating such modifications and amendmentsasmaybenecessaryand submit
the same for approval to the Government.
(2) The provisions of sections 4,7, and 9shall mutatis mutandis apply to such
perspective plan.
Declaration
of regional
planning
a.rea.
Preparation
of regional
development
plan.
CHAPTER- III
REGIONAL DEVELOPMENT PLANS
11. (1) The Government may, after consultation with the Board, by notification in
the Official Gazette from time to time, declare any area in the State to be a regional
planning area for the purpose of this Act.
(2) Every such notification published under sub-section (1) shall define the
limits of the area towhich it relates.
(3) The Government may, afterconsultation withtheBoard, amalgamate two
or more regional planning areas into one such area or sub-divide a regional planning
area into different such areas andconstitute themasseparate regional planning areas
or include any such sub-divided areas inany other reqional planning area, as the case
may be, and notify the same in the Official Gazette.
(4) The Government may, by notification inthe Official Gazette, direct that any
of the rules and orders made, regulations and directions issued and powers conferred
under this Act and in force in any regional planning area with which or in which any
other area is amalgamated or included, shalt apply to the area so amalgamated or
included under this section to such extent and subject to such modifications, additions
orrestrictions,asmaybespecifiedinsuchnotification.
12. (1) As soon as may be, after the declaration of the regionai planning area under
section 11, the Chief town Planner shall, subject to such directions as may be issued
by the Board and within such time as may be prescribed, after carrying out such
surveys as may be necessary of the physical. social and economic conditions and
potentialities of the area in respect of which a regional development plan is to be
prepared, prepare a regional development pian for such area together with a report
explaining the various aspects of the developments proposed in such plan.
10

Contents of a
regional de-
velopment
plan.
Power of
Government
to require the
Chief Town
Planner to
(2) It shall be the duty of every Government Department and local authority to
furnish as soon as may be possible. maps. reports and record as may be required by
the Chief Town Planner in the preparation of the regional development plan.
13. (1) Subject to the provisions of this Act and any rules made thereunder, the
regional development plan shall indicate the stages by which development may be
carried out, the network of transport and communication lines, the proposals for
conservation and development of natural resources and such other matters as may
have an influence on the development of the concerned area.
(2) In particular and without prejudice to the generality of the foregoing
provisions. a regional development plan may provide for all or any of the following
matters, namely:-
(a) broad demarcation of areas for agriculture, forestry, industry, mineral
development, urban and rural settlements and other activities;
(b) natural disaster prone area;
(c) the reservation of land for recreation, botanical and zoological gardens,
natural reserves, animal sanctuaries. dairies and heaith resorts and for
preservation, conservation and development of area of naturai scenery.
forests, wild life, natural resources and landscaping;
(d) preservation of objects, features, structures orplaces of historical, natural,
archeaeological or scientific interest and eductional value;
(e) prevention of erosion of soil. provision of land stability and slope linked
controls, provision for afforestation. or re-afforestation. improvement and
re-development of water front areas, rivers and lakes;
(f) transport and communications network such as roads, highways, railways,
waterways, canais and airports including their future development;
(g) rural and urban centres, both existing and new, indicating the extent oftheir
anticipated growth;
(h) proposals for irrigation, water supply, hydro-electirc works, flood control
and prevention of water pollution and waste management;
(i) re-allocation of population or industry from over-populated and industrially
congested area and indication the density of population or the concentra-
tion of industry to be allowed in any areas.
(3) The regional development plan shall, in particular include:
(a) the existng land use map and the narrative report thereon;
(b) a narrative report supported bynecessary map and charts explanning the
provisions of the regional development plan:
(c) recommendations tothe Government regarding the directions to be issued
to the concerned local authorities and the different departments of the
Government. if any, in respect of enforcement and implementation of the
proposals contained in the regional development plan: and
(d) areportindicatingtheprioritiesassignedtoworksincludedinthe regional
development plan and the planning of the programme of development as
such.
14. Notwithstanding anything contained in section 12, the Government may be
notification require the Chief Town Plannerto prepare and submit to the Board before
a fixed date, a regional development plan in respect of any area.
11

prepare a re-
gional devel-
opment plan
for any area.
Board to con-
sider the re-
gional devel-
opment plan.
Public notice
of the regional
development
plan
15. The Chief Town Planner shall submit the regional developrnent plan prepared
under section 12 tothe Board for itsconsideration and may make such changes in
the regional development plan as may be necessary inthe light ofthe views expressed
by the Board.
16. (1) The Chief Town Planner shall notify the regional development plan, as
modified under section 15, iLl the Official Gazette, and also in one or more local
newspapers, indicating therein the piace or places where copies of the same may be
inspected and inviting comments in writing from the public on the regional develop-
ment plan within such period as may be specified in such notification:
Provided that such period shall not be less than two months from the date on
which the regional development plan is published in the Offica! Gazette.
(2) After the expiry of the period mentioned in sub-section (1), the Chief Town
Planner shall submit the comments received from the public to the Board for its
consideration.
(3)The Chief.Town Plannershall, ifnecessary, revise the regional development
plan, in the light of any modifications suggested by the Boardand submit them tothe
Government together with the comments received from the public on the regional
development plan for approval.
Approval by 17. (1) The Government shall, within sixty days from the date of receipt, either
the Govern- approve the regional development plan as submitted to it under section 16 or may
ment. approve the regional development plan with such modifications as it may consider
necessary, or may return the said pianto the Chief Town Planner with instructions
either to modify the plan or to prepare a fresh regional development plan in ~
accordance with such directions as the Government may issue in this behalf.
i (2) Where a fresh regional development plan isrequired to be prepared under
sub-section (1), the provisions of sections 15 and 16 shall, mutatis mutandis apply to
the preparation and approval of such plan.
Publication of 18. The Chief Town Planner shall notify the regional developmentry plan, as
the regional approved by the Government in the Offical Gazette and also in one or more local
development newspapers, indicating therein the place orplaces where copies of the same may be
plan. inspected.
Effectofthe reo' 19. On and from the .date of publication of the regional development plan under
gional devol- sectionJ8 for an area, all development programmes undertaken withln'that area by
opment plan. any Department ofthe Government or by public and private institutions or by any other
person shall conform to the provisions ofsuch regionaldevelopment plan.
Revisionofthe 20. If the Government, at any time, after a regional development plan has been
regionaldevef- published in the Offical Gazette under section 18, but at least once in five years
opment plan. therefrom, is of the opinion that a revision of such regional development plan is
necessary, it shal direct the Chief Town Planner to undertake the revision of the
regional development plan and thereupon the foregoing provisions ofthis Act relating
to the preparation and approval of the reqional deveopment plan shall, as far as may
be, apply to the revision of a regionaldeve!oprnent. plan under this section.
12

Declaration of
development
area ancl
constitution of
Development
Authority.
CHAPTER~IV
DEVELPOPMENT AREAS AND DEVELOPMENT AUTHORITlES
AND THEIR OBJECTS
21. (1) Upon enforcement of this Act in any area or areas under sub-section (3) of
section 1,the Government shall, for the purposes of proper development of such area
orareas, bynotiflcation,declare such area or areas to be adevelopment areaforthe
purposes of this Act and shall assign a name to such area.
(2) The Government may, by notification and in accordance with such rules as
may be made in that behalf ..
(a) exclude from a development area any area comprised therein; or
(b) include in a development area any other area.
(3) As soon as may be, after the declaration of a development area under sub-
section (1), the Government shall, by notification inthe Official Gazette, constitute for
the said development area a Development Authority, with effect from such date as
may be specified therein.
(4) Every Authority so constituted shall be a body corporate bythe name of the
development area for which it is consltuted having a perpetual succession and a
common seal with power to acquire, hold, manage and dispose of property, both
movable and immovable, and shall bythe said name sue and be sued.
(5) The Authority shall consist of the following members, namely:-
(a) The Chairman. who shall be appointed by the Government;
(b) The Vice-Chairman, who shall be an officer of the Government to be
appointed by the Government and shall be the whole-time Chief Executive
of the Authority; .
(c) an Engineer Member, to be appointed by the Government;
(d) a Finance and Accounts Member to be appointed by the Government;
(e) a Town Planning Member to be appointed by the Government;
(f) an Urban Designer or Architect Member to be appointed by the Government;
(g) Secretary,' Urban Development and Housing Department, Government of
Sikkim or his representative, member ex-officio; and
(h) Chairman of urban local bodies comprised within the development area,
members ex-officio.
(6) The Vice-Chairman shall be a whole-time member and any of tile
members appointed under clause (c), (d), (e) and (f) of sub-section (5)
may either be whole-time or part-time members.
(7) The Chairman, the Vice-Chairman and the whole time members shall be
entitled to receive from tile funds of the Authority such salaries and
allowances, if any, and governed by such conditions of service as may be
prescribed by rules made in this behalf.
(8) The Chairman, Vice-Chairman and members appointed under clauses (c)
to (f) of sub - section (5) shall hold office during the pleasure of the
Government.
(9) Anymember specified in clauses (c), (d), (9) and (f) ofsub-section (5), if
part time, and the members specified in clause (h) of that sub-section may
be paid from the funds of the Authority such allowances, if any, as may be
fixed by the Government in this behalf.
(10).A.member, other than an ex-officio member, may resign his office by
writing under his hand addressed to the Government, but shall continue in
office until his reslqnation is accepted by the Government.
(1i) No act or proceedings of the Authority shall be invalid by reason of any
vacancy in, or defect in the constitution of the Authority.
13

Power to 22.
withdraw a
development
area from
operation of
this Act.
Appointment
of local au-
thority as de-
velopment
authority. '
Functions
and powers
of develop-
ment author-
ity.
(12) The Authority shall meet at such times and places and shall observe such
rules of procedure in regard to the transaction of its business at its meetings
(including quorum at meetings) as may be prescribed.
(1) The Government may, if it is of opinion that it is necessary so todo in
the public interest, by notification, withdraw from the operation of the
relevant provisions of this Act, the whole or a part of any development
area declared thereunder.
(2) When a notification is issued under sub-section (1) in respect of any
development area or part thereof-
(a) the relevant provisions of this Act and all rules, regulations, bye-laws,
notifications, orders, directions and powers made, issued orconferred
thereunder shall, cease to apply to tile said area or part and the
Authority, if any, constituted, under this Act shall cease to have
jurisdiction in respect of the said area or part, as the case may be, but
where any Authority has been constituted exclusively for such area
or part. such Authority shall, on the date of the notification, stand
dissolved; .
(b) the Government shall, in consultation with the Board, and the local
authority or authorities concerned, frame a Scheme determining the
portion of the balance of the fund of the Authority concerned which
shall vest in the Government and in the local authority or authorities
concerned, and the manner in which the properties and liabilities of
the Authority shall be apportioned between the Government and such
local authority or authorities, and on the Scheme being notified in the
Official Gazette, the fund, property and liabilities of the Authority shall
vest and be apportioned accordingly.
23. (1) The Government may, in consultation with the Board, appoint any local
authority asthe development authority tor the area of that local authority and for such
other contiguous or adjacent area or areas as the Government may declare as a
development area under section 21.
(2) Where a local authority is appointed as a development authority under
sub-section (i), the provisions of sections 21, 25 and 26 shall not apply,
and the provisions of the Act by which such local authority is constituted
shall continue to apply to it in respect of matters covered by the aforesaid
sections.
(3) A local authority appointed as a development authority under section 23
shall, forthe purpose of performing the funtions of adevelopment authority
under this Act, constitute a Development Committee consisting of the
following, namnely ;-
(a) A Chairman;
(b) a Town Planning Officer, who shall be the Member Secretary to the
Committee; and
(c) five other members, two of whom shall be appointed by the Govern-
ment.
24. (1) Subject to the provisions of this Act and the rules framed thereunder and
any directions which the Government may give, the functions of every development
authority shall be to:- .
(a) prepare an exisitng land use map;
(b) prepare and enforce a perspective plan;
(c) prepare and enforce a development plan;
14
~,

Staff of the
Authority.
Advisory
Council.
(d) prepare and enforce an annual plan;
(e) prepare and enforce deveiopment schemes;
(f) set up special function agencies, if required and guide, direct and
assist them onmatters pertaining to their respective functions; and
(g) carry out or cause to be carried out execution of projects and schemes
framed under the perspective plan, development plan or the annual
plan and for these purposes, it may carry out or cause to be
carried out, surveys ofthe development area and prepare report or
reports of such surveys, and to perform such other functions, which
are supplemental; incidental or consequential to any of the functions
aforesaid or as may be prescribed.
25. (1) Subject to such control and restrictions as may be prescribed by rules,
the Authority may appoint a Secretary and such number or other officers and
employees (inciuding experts fortechnical work) as may be necessaryforthe efficient
performance of its functions and may determine their designations and grades.
(2) H1e Secretary and other officers and employees of the Authority shall be
entitled to receive from the funds of the Authority such salaries and such allowances,
if any, and shall be governed by such conditions of service as may be determined by
regulations made in this behalf.
26. (1) The Government shall, as soon as may be after the constitution of the
Authority, by notification. constitute an Advisory Council for the purpose of advising
the Authority on the preparation of perspective plan. development plan, annual plan
and development schemes and on such other matters relatinq to the planning of
development, or arislnq out of, or in connection with, the administration of this Act as
may be referredto it bythe Authority.
(2) The Advisory Council shall consist of the following members, namely:-
(a) tile Vice-Chairman of tile Authority, ex-officio; who shall be the
President;
(b) themembers of the Authority referredto in clauses (g)and (h)ofsub
- section (5) of section 21 ex-officio;
(c) a member of the Sikkim Legislature, representing the whole or any
part of U18 development area, to be nominated by the Government;
(d) members not exceeding three in number to be nominated by the
Government who are elected members of tile District Planning
Committee or the municipal bodies constituted under the Sikkim
Municipalities Act, 1995 or the panchayats constituted under the
Sikkim PanchayatAct. "1993as may be considered necessary.
(e) members not exceeding four in number to be nominated by the
Government who, in the opinion of the Government have special
knowledge or practical experience of matters relating to industry,
landscaping, mines and geology, economics; geographyor environ-
mental science.
(3) The Advisory Council shall meet twice in ayear and shall have the powers
to regulate its own procedure.
(4) The membersof theAdvisory Council, otherthan the ex otticio members
shan hold office during the pleasure of the Government.
(5) The members of the Advisory Council excepting the members specified
in clauses (e) and (d) of sub-section (2) may be paid su

Excerpt shown. Open the full act in Lexace.

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