The SIKKIM MUNCIPALITIES ACT,2007

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Saturday 19th May, 2007 No. 193
Government of Sikkim
The Sikkim Municipalities Act, 2007
(Act No.5 of 2(07)

GOVERNMENT OF SIKKIM
The Sikkim Municipalities, Act, 2007
(Volume No.1 of 2)
-~1I_·· "
ary ,
_ ••••••• !•• _ • on and Government",
anagement of Municipalities" and
1L..I._1LI~.· • es Revenue" for the proposed Bill.

Sections
1.
2.
The Sikkim Municipalities Act, 2007
CONTENTS
PART I
PRELIMINARY
CHAPTER I
Page Nos.
Short title, extent and commencement 2
Definitions 2-8
PART II
CONSTITUTION AND GOVERNMENT
Chapter II
Constitution of Municipal Areas and
Classification of Municipalities
3. Declaration of intention to constitute a municipal area 9
4. Publication of Declaration 10
5. Consideration of objection 10
6. Constitution of Municipal area 10
7. Classification of municipal areas 10
8. Po er of State Government to determine the number
of wards in municipal areas
11
9. P er to abolish or alter limits of municipal area 11
Po er to exempt municipal area from operation of
any provision of the Act unsuited thereto
12
A

Sections Page Nos.
Chapterlll
., .
Municipality and Municipal Councillors
11. The Municipality 12
12. Constitution of Minicipality 12
13. Composition of Municipality 13
14. Election of Councillors 14
15. Reservation of seats of Councillors and Chief Councillor 14
16. Oath of allegiam:e to the Constion of India and
oath of secrecy
14
17. Term of Office of Councillors 15
18. Disqualification for being a Councillor, if employed
in a Municipality
15
19. Remuneration and allowances of Councillors is
Chapter IV
Municipal Authorities and Executive Authority
20. Municipal authorities and Executive Authority 15
21. Executive and financial powers of Municipality to be
exercised by executive Authority
16
22. Execution of works, sanction of estimates, and contracts 16
23. Election of Chief Councillor and term of his office 18
24. Chief Councillor 18
25. Deputy Chief Counctltor
26. Area Shaba
18
19
Zl. Constitution of Subject Committee, Ad-hoc Committee, or
Committee
19
. 19
B

Sections
29.
30.
31.
32.
33.
34.
35.
Page Nos.
Chapter V
Organizational Structure of ~uriicipality
Statutory Officers of Municipality, Establishment of
Municipality and schedule of posts
20
Payment of Salaries and allowances to Officers and other employees 21
Chapter VI
Functional Domain of Municipalities
Core Municipal services and other functions 22
Functions assigned by Govemment 23
Other Functions 23
Chapter VII
Conduct of Business
Transaction of business etc. by Municipality ~23
Councillor having pecuniary interest in any contract etc
with Municipality and disclosure of such interest
24
Chapter VIII
Power of State Government to give Direction to,
and to Control and Dissolve, Municipality
~Sta e Government to give direction and to control 24
State Government to dissolve Municipality 25
25
C

Sections Page Nos.
...PART III
FINANCIAL MANAGEMENT OF MUNICIPALITIES
Chapter IX
Municipal Fund
39. Municipal Fund 26
40. Grants and other financial assistance from State Government 26
41. Revenue account andcapital account to be maintained separately 26
42. Application of Municipal Fund 27
43. Payments not to be made out of Municipal Fund unless
covered by budget grant
27
44. Procedure when money, not covered by budget grant is paid 28
45. Temporary payment from Municipal Fund for works
urgently required inthe public interest
28
46. Powerto incur expenditure beyond the limits of Municipality 28
47. Exclusive use of Municipal Fund for particular purpose 28
48. Operation of accounts 28
49. Investment of surplus moneys 29
Chapter X
Budget Estimates
50. Budget estimate to be prepared separately for Revenue
Account and Capital Account
29
51. Preparation of budget estimate for Revenue Account of Municipality 29
52. Report on services provided at subsidized rate 30
53. Sanction of budget estimate of Municipality 30
54. Powerto alter budget grant 31
o

Sections Page Nos.
Chapter XI
Accounts and Audit
55. Maintenance of accounts 31
56. Preparation of Municipal Accounting Manual 31
57. Financial statement 31
58. Balance sheet 31
59. Submission of financial statement and balance sheet to Auditor 31
60. Power of Auditor 32
61. Audit report 33
6~. .Placing of audited accounts before Municipality 33
63. Submission of audited accounts 34
64. Power of State Government to enforce order upon audit report 34
65. . Special audit 34
66. Internal audit 34
67. Municipal Accounts Committee' 34
Chapter XII
Borrowings
68. Power of Municipality to raise loan 36
69. Power of Municipality to open credit account ith bank 37
70. Power of Municipality to raise short-term loan 37
71. Power of Municipality to reserve or' estrnen a portion
of debentures issued for raising loan.
37
72. Manner of repayment of loans 37
73. Form and effect of debentures 37
74. Annual statement 38
E

-;
Sections Page Nos.
75. Issue of Municipal Bonds for development of urban infrastructure 38
76. Credit rating of Municipal Bonds 38
77. Pledging of municipal assets as security for Municipal Bonds 38
78. Debt Service Reserve Fund 38
79. Limit to encumbrances through future debt 38
80. Use of proceeds from Municipal Bonds 38
Chapter XIII
Municipal Property
81. Power to acquire and hold property 39
82. vl3sting of property 39
83. Acquisition of property by Municipality by agreement, 39
exchange, lease, grant, etc.
84. Compulsory acquisition of land 40
85. Special provision for acquisition of lands adjoining streets 40
86. Disposal of property 40
87. Inventory of properties of Municipality 41
PART IV
MUNICIPAL REVENUE
Chapter XIV
Sources of Internal Revenues
88. Implementation of report of Finance Commission
89. Internal revenues of Municipality

Sections
91. Power to levy user charges
Page Nos.
43
92. Power to levy fees and fines 43
93. Levy of surcharge on tax or user charge or fee 44
94. Power to levy development charge 45
95. Realisation of tax, cess, fee, etc. under any other law 45
Chapter XV
Tax on Lands and Buildings and Related Taxes
A. Property tax on lands and buildings, surcharges and rebates
96. Property tax on lands and buildings 45
97. Property tax on Central Government properties 46
98. Rate of property tax on any land, hut. or building in a slum 46
99. Surcharge 46
100. Additional surcharge 47
101. Exemption of lands and buildings from property tax 47
102. Exemption of diplomatic or consular mission of a
foreign State from payment of any rate, tax, or fee
41
B. Classification of lands and buildings and determination of annual values
.on of lands and buildings and fixation of annual values 48
hearing objection to classification of lands and buildings 48
- area values and periodic revision thereof 48
:acteristics 49
lcs
building
ar e for repair etc. of building
G
50

Sections Page Nos..
110. Determination of annual value of building where
land is exempted from property tax
50
111. Self-assessment 50
112. Unit of assessment 50
C. Municipal Valuation Committee and Municipal Assessment Tribunal
113. Constitution of MunicipalValuation Committee 51
114. Terms and conditions of service of Chairperson and other members 52
115. Functionsof Municipal Valuation Committee 52
116. Constitution of Municipal Assessment Tribunal 53
D. Assessment
117. Submission of returns 53
118. Periodic assessment 54
119. Period of validity of assessment 54
120. Revision of assessment 55
121. P ICno ice and inspection of assessment list 56
122. 0 ieetion 57
23. Appointment of officer to hearobjection 57
124. Hearing of objections 57
125. Appeal 58
126. Finalvaluation 58
. .pal Assessment Book 58

Sections Page.Nos.
E. Incidence of Property Tax
128. Property tax and surcharge thereon to be first charge 59
on lands and buildings and movables
129. Incidence of property tax 59
130. I cidence of surcharge 59
13 . Apportionment of surcharge 59
132. Recovery of property tax on lands and buildings from occupiers 59
133. Payment of property tax on land and building 60
134. Self-assessment and submission of return 60
135. Levy of surcharge on transfer of lands and buildings 62
136. Tax on deficits of parking spaces in non-residential buildings 62
137. Water tax 62
138. Fire tax 62
Chapter XVI
Tax on Advertisements Other Than Advertisements in Newspapers, and
Licence Fees for Advertisement Spaces
139. Prohibition of advertisements without permission 62
in writing, of Chief Municipal Officer
140. Licence for use of site for purpose of advertisement 63
·141. Taxon advertisement 64
142. Permission of Chief Municipal Officer to be void in Certain cases' 65,-i"'"
143. Licence for use of site for purpose of advertisement to be 65
void in certain cases
144. Presumption in case of contravention 65
~45. Power of Chief Municipal Officer in case of contravention 65

Sections Page Nos.
146. Removal of poster, hoarding, etc 66
Chapter XVII
Other Taxes and Tolls
147. Surcharge on tax on entertainment 66
148. Tax on tourists and congregations 66
149. Toll on roads 67
150. Toll on bridges 67
151. Toll on heavy trucks and buses 67
Chapter XVIII
Payment and Recovery of Taxes
A. Recovery of Taxes by Municipality
152. Manner of recovery of taxes under the Act 68
153. Time and manner of payment of taxes 68
154. Presentation of Act 68
155. Regulations regarding payment and recovery of tax 69
156. Requirement of payment of rent by occupier towards 69
property tax on land or building due to Municipality
157. Recovery of property tax on lands and buildings or any 70
other tax or charge when owner of landor building is
unknown or ownership is disputed
158. Power of Chief Municipal Officer to prosecute or to 70
serve notice of demand
159. Cancellation of irrecoverable dues 70
J

Sectrof~ Page Nos.
B. Recovery of Tax on Lands or Bui/dings by Person
Primarily Liable tc -. / to the Municipality
160. Apportionment of property tax on lands and buildings
by person primarily liable to pay
71
161. Mode of recovery 71
Chapter XIX
Commercial Projects
162. Commercial projects and receipts there from. 71 .
K

The Sikkim Municipalities Act, 2007
CONTENTS
PART V
URBAN ENVIRONMENTAL INFRASTRUCTURE AND SERVICES
Chapter XX
Water-supply
A. General
Sections Page Nos.
163. Definitions 72
B. Functions in Relation to Water-supply
164. Duty of Municipality to supply water
72
:165. Supply of water for domestic purposes
73
166. Supply of water to connected premises 73
167. Supply of water for non-domestic purposes 73
168 Payment for water supplied 74
169. Notice of stoppage of water-supply 74
170. Water-supply through hydrants, stand-posts and other conveniences 74
171. Provision for fire hydrants 74
C. Notified Water Sources, Natural Watercourses,
Works for Supply of Water and Distribution Networks
172. Vesting of water sources and natural watercourses in
Municipality and protection of-jhoras
75
173. Limits ofjohras 75
174. Works to be undertaken for supply of water 75
175. Management of waterworks 76
L

Sections Page Nos.
176. Purity of water for domestic purpose 76
177. Water not to be wasted 76
D. Water-supply Mains and Pipes
178. Power to lay mains. service pipes. etc 76
179. Prohibition for laying water-pipes and construction of latrines and cesspools 77
180. Power in relation to water-supply 77
181. Application for supply of water 77
182. Power to turn off supply of water to premises 78
E. Water Meters and Recovery of Charges
183. Power to provide water meters and to recover charges 78
184. Entrustment of operation and maintenance of waterworks
and billing and couection of charges
78
F. Offences in Relation to Water-supply
185. Liability for offence in relation to water-supply 78
G. Harvesting of Rain Water
186. Provision of rain water harvesting structure 78
Chapter XXI
Drainage and Sewerage
A. Functions in Relation to Drainage and Sewerage
187. Municipality to provide drainage, sewerage and outfall 78
188. Provision of means for disposal of sewage 79
B. Proprietary Rights of Municipality in Respect of
Drains and Sewage Disposal Works
89. Vesting of public drains and sewage disposal works 79
M

Sections
190. Right of owne rain sewer connection
191. Power to make er to, taKeover from, statutory
authority drainage and sev a age orks
C. Municipal Drains
192. Power 0 making drai s
193. Sewage and rain water drains to be separate
194. Alteration, discontinuance, eansing, etc. of drains
D.Drains of Private Streets and Drainage of Premises
195. Powers in relation to drainage
196. Premises not to be erected without drains
E. Trade Effluent
197. Special provisions ~elatingto trade effluent
198. Special provisions regarding drainage of trade effluent
Chapter XXII
Other Provisions Relating to
Water-supply, Drainage and Sewerage
199. Connection with waterworks mains and drains not to be
made without permission
200. Buildings and private streets notto be erected or
constructed over watermains, or on municipal drains, without permission
201. Building plan not to be sanctioned unless plan relating
to water-supply etc. is in conformity with rules and regulations
202. Maps of underground watermains, supply pipes, drains, etc
R"ghtsof user of property for aqueducts, lines, etc.
of owner of premises to place pipes and drains
land belonging to other persons
C ief Municipal Officer to affix shafts etc. for
,..=--c;~- 0 drain or cesspool and testing of drain
N
Page Nos.
80
80
81
81
81
82
82
83
83
84
84
84
84
84
85
87

Sections Page Nos.
206. Power of Chief Municipal "Officerto execute work after
giving notice to person liable
87
207. Work to be done by licensed plumber 87
208. Power of access to waterworks, and drainage and 88
sewerage installations
209. Prohibition of certain acts 88
210. Charges for sewerage services and levy of sewerage tax 89
211. Entrustment of operation and maintenance of sewerage 90
works and billing and collection of sewerage tax
212. Power of State Government to exercise control over 90
. imperfect, inefficient or unsuitable waterworks, drainage
works, or sewerage works
213. Municipal Water-supply, Drainage and Sewerage Code 91
Chapter XXIII
Solid Wastes
A. Functions in Relation to Solid Wastes Management
214. Duty of Municipality in respect of solid wastes
management and handling
91
215. Entrustment of management and handling of solid wastes
and billing and collection of charges
92
216. Functions of Municipality 92
217. Solid wastes to be property of Municipality 92
218. Appointment of places for disposal and final disposal of 93
solid wastes
B. Collection and Removal of Solid Wastes
219. Duty of owners and occupiers of premises to store 93
solid wastes at source of generation
220. Duty of Cooperative Housing Society, Apartment 93
Owners' Association, etc.
0

Sections Page Nos.
233. Power to regulate excavations 98
234. Power to require trees, hedges, etc., to be trimmed 99
B. Regu/ation of Public Bathing, Washing, etc.
235. Regulation of public bathing etc. 99
C. Public Conveniences
236. Public latrines and urinals" 99
D. Genera/Provisions
237. Prohibition of nuisances 100
238. Control of pollution 100
239. Power to require wells, tanks, etc., to be rendered safe 101
240. Quarrying, blastin~, cutting timber, or carrying on building operation 101
241. Power to stop improper use of land or building 101
242. Polluters to pay 102
Chapter XXVII
Restraint of Infection
243. Municipality to prevent and check dangerous disease 102
I
244. Power of Chief Municipal Officer to inspect any place 102
and take measures to prevent spread of dangerous disease
245. Power of Chief Municipal Officer to cleanse, disinfect, 103
destroy, or control places of infection
246. Special measures in case of outbreak of dangerous or epidemic diseases 104
247. Means for disinfection 104
248. Special conveyance for carrying infected persons 105
249. Prohibitions 105
Q

Sections
Chapter XXVIII
Disposal of the Dead
250. Acts prohibited in connection with disposal of dead
251. Registration of places for disposal of the dead
252. Disposal of dead animals
Chapter XXIX
Forests in Municipal Area, Parks, Gardens, Trees, and Playgrounds
253. Municipality to implement schemes
254. Harvesting of rain water
PART VII
REGULATORY JURISDICTION
Chapter XXX
Development Plan and Local Area Plan
255. Representation in District Planning Committee
256. Municipality to implement development plans
257. Local Area Plan, context, and objectives
Chapter XXXI
Public Streets
A. General Powers
258. Maintenance and classification of public streets
259. Naming and numbering of streets
260. Unique premises number
R
Page Nos.
105
107
107
108
108
109
109
109
111
111
112

Sections Page Nos.
261. Rightsof way for public utilities 113
262. Mapsof public utilities 113
263. Power to prohibit use of public streets for certain kind of traffic
B. Regular Line of Street
264. Defining regular line of street 113
C. Obstruction on Streets
265. Temporary erection on streets during festival 114
Chapter XXXII
Regulation of Building Activities
266. Definitions 114
267. Registration of Advocates, Architects, Construction 117
Engineers, and Structural Engtneers
>
268. Duties and responsibilities of Advocate on Record ' 118
Architect on Record, Construction Engineer on Record, and
Structural Engineer on Record
269. De-registration of registered Advocate, registered 120
Architect, registered Construction Engineer, and registered
Structural Engineer
270. Obligation of person undertaking building activity 120
271. Bar to undertake building activity without building 121
permit or on order of Chief Municipal Officer suspending
building activity
272. Building permit to be granted by the Architect on 122
Record in certain cases and his responsibility to file documents
and deposit fees with the Municipality
273. Building permit to be granted by Chief Municipal 122
Officer in all other cases of building activity
S

Sections Page Nos.
274. Deemed refusal to grant building permit in case of
failure of Chief Municipal Officer to dispose of
application for building permit and right of applicant to
appeal to State Government
122
275. Automatic lapse of building permit on change of right
and title of land or building or terms and conditions of
lease of land or building or on person on record ceasing to
function as such for whatever reasons, and grant of .
fresh building permit by new Architect on Record or by
Chief Municipal Officer, as the case may be
122
276. Commencement and completion of building activities
within specified time
123
277. Revocation of building permit for violation of provisions
on building activity (after giving the person who has the right and
title over the plot or the lessee in respect of the plot an opportunity
of being heard), and grant of fresh building permit on compliance
therewith
123
.278. Stoppage of building activity on lapse or revocation Qfbuilding permit 123
279. Issue of building use permit by the Architect on
Record and the Chief Municipal Officer on
completion, or part completion, of building activity
123
280. Revocation of building use permit 123
281. Power to inspect building and land to ensure compliance
of the provisions on building activities and building use
124
282. Power to give order to vacate or to demolish building
and to take other action in case of violation of provisions
on building activities and building use, or in case of
building posing danger to life and property
125
283. Grant of variance, and constitution of Empowered
Committee and manner of functioning thereof
125
284. Listing of heritage building etc., constitution of Heritage
Conservation Committee, and manner of functioning thereof
125
285. Appeal against certain orders or notices issued
under the Act
126
288. Appeal against orders of State Government
287. Power of State Government to make rules
T
127
127

Sections Page Nos.
Chapter XXXIII
Municipal licences
288. Premises notto be used for non-residential purpose
without municipal licence
128
.289. Registers to be maintained' 129
290. Municipal licence for private markets 129
291. Municipal licence for sale of flesh, fish or poultry 130
292. Prohibition of unlicensed activities 130
293. Power to stop use of premises used in contravention of licences 131
294. Power to seize food or drug etc. 131
Chapter XXXIV
295. Appointment of Chief Registrar, Registrar, etc.
of births and deaths
131
296. Duties of Registrars of births and deaths 132 ...
297. Register books to be maintained 132
298. Registration of births and deaths 132
299. Registration of name of child or of alteration of name 132
300. Correction of errors, or cancellation of entries, in
registers of births or deaths
133
301. Information of births 133
302. Information respecting finding of new bornchild 134
303. Information regarding deaths 134
304. Medical practitioner to certify cause of death 134
305. Duties of police in regard to unclaimed corpses 134
306. Sextons etc., not to bury etc. corpse 134
I
I
t u

Sections
Chapter XXXV
Disaster Management
307. Management of natural or technological disasters
PART VIII
POWERS, PROCEDURES, OFFENCES AND PENALTIES
Chapter XXXVI
Procedure
A. Licences and Permissions
.308. Signature, conditions, duration, suspension, revocation,
etc., of licences and permissions
B. Entry and Inspection
309. Power of entry
310. Power to enter land or adjoining land in relation to any work
311. Breaking into building
312. Time of making entry
313. Consent ordinarily to be obtained
314. Regard to be had to social or religious usages
315. Prohibition of obstruction or molestation in execution of work
C. Public Notices and Advertisements
316. Public notices how to be made known
317. Newspapers in which advertisements or-notices to be published
D. Evidence
318. Proof of consent etc. of Municipality, Chief Councillor,
Chief Municipal Officer, etc.
v
Page Nos.
134
135
136
137
137
137
138
138
138
138
138
139

Sections
E.Notices etc.
319. Notices etc. to fix reasonable time
320. Signature on notices etc. maybe stamped
321. Notices etc. by whom to be served or issued
322. Service of notices etc.
F. Enforcement of Orders to Execute Works etc.
323. Time for complying with requisition or order, and power
of Chief Municipal Officer to enforce requisition or order on default
324. Submission of objections to comply with notice
G. Recovery of Expenses.
325. Powerof Municipality to enter into agreement for
payment of expenses in instalments
326. Power of Municipality to declare certain expenses to
be improvement expenses
327. Improvement expenses; how recoverable and by whom payable
328. Recovery of improvement expenses paid by occupier
329. Right of owner or occupier to redeem charge for
improvement expenses
330. Execution of work by occupier on the failure of owner
331. Relief to receivers, agents and trustees
H. Payment of Compensation
332. General power of Municipality to pay compensation
333. Compensation to be paidfor damage to property of Municipality
I. Recovery of Expenses or Compensation in Case of Disputes
334. Reference by Municipality to Civil Court incertain cases of
recovery of expenses
w
Page Nos.
139
139
139
140
141
142
143
143
143
144
144
144
144
145
145
145

--
Sections Page Nos.
335. Application to Civil Court in certain cases.ot payment of
expenses or compensation
145
336. Recovery of expenses or compensation determined under section 335 145
337. Recovery of expenses or compensation by suit in court 146
J. Recovery of Certain Dues
338. Recovery of certain dues of Municipality 146 .
K. Obstruction of Owner by Occupier
339. Application to Civil Court by owner when occupier prevents
from complying with Act etc.
146
L. Proceedings before the Civil Court
340. Procedure in Civil Court 146
34~. Fees IiI proceeding before Civii COurt 147
. 342. Repayment of half of fees on settlement before hearing 147
M. Municipal Courts and Proceeding before Municipal Courts
343. Creation of Municipal Courts for trial of offences under the Act 148
344. Certain offences to be cognizable 148
345. Power of Municipal Court to hear cases in absence of 148
accused summoned to appear
346. Limitation of time for prosecution 148
347. Complaint regarding nuisance and removal thereof 149
348. Power of Municipal Court to direct payment of 149
fine and demolition of unlawful works
N. Legal Proceedings
349. Power to institute etc. legal proceeding and to obtain legal advice 150
350. Notice, limitation, and tender of amends in suits against MuniCipality etc. 151
351. Indemnity 151
·X

Sections Page Nos.
0.' Powers and Duties of Police Officers
352. Co-operation of pollee 152
353. Power of police to arrest offenders 152
P. General Provisions
354. Validity of notice and other document 153
355. Admissibility of document or entry as evidence 153
356. Evidence of officer or employee of Municipality
357. Prohibition against obstruction of Chief Councillor
or any municipal authority etc.
153
358. Prohibition against removal of mark 154
359. Prohibition against removal or obliteration of notice 154
360. Prohibition agains.t unauthorized dealings with public piace or materials 154
361. Liability for loss, waste or misapplication of money or
property of Municipality
154
362. Councillors and officers and other employees of
Municipality to be public servants
154
363. Other laws not to be disregarded 155
Chapter XXXVII
Rules and Regulations
364. Power to make rules 155
365. Power to amend Schedule 155
366. Power to make regulations 155
367. Conditlons precedent to making of regulations 155
368. Regulations to be subject to approval of State Governmerit 156
370. Supplemental provisions respecting regulations
y
156
156
369. Power of State Government to cancel or modify regulations

Sections Page Nos.
371. Penalty for breach of regulation
372. Rules and regulations to be available for inspection and purchase
373. Doubts as to powers, duties or functions of municipal authorities
156
157
157
Chapter XXXVIII
,Offences and Penalties
374. Punishment for certain offences
375. Punishment for acquiring share or interest etc. with Municipality
376. Finefor not paying tax underchapter XVI
377. Finefor putting building to any use other than that for
which a licence has beengranted
378. Penalty for obstructing contractor
379. Penaltyfor causing damageto property belonging to Municipality
380 Encroachment on streets
381. Punishment of imprisonment indefault of payment offine
382. General penalty
383. Offences by companies
384. Prosecution
385. Compounding of offences
157
158
158
158
158
158
159
159
159
159
160
160
Chapter XXXIX
Supplemental Provisions
A. Extension of Act to Other Areas and Inclusion or
Exclusion of Areas within or from the Municipal Area
386. Powerof State Government to notify intention to extend
Act to other areas
160
B. Miscellaneous and Transitory Provisions
387. Provisions of the chapter to override other provisions
388. Removalof difficulties
389. Repeal
390. Transttory provision
160
160
161
161
z

PART V
PART VI
PART VII
PART VIII
GOVERNMENT OF SIKKIM
The Sikkim Municipalities Act, 2007
(Volume No."20f2)-
on "Urban Environment Structures and Services",
on "Urban Environmental Management, Community
Health, and Public Safety",
, I
on "Regulatory Jurisdiction" and
on "Powers, Procedures, Offences and Penalties" for
the Proposed Bill.

SIKKIM,
GOVERNMENT G,AZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Saturday 19th May, 2007 No. 193
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No. 5/LD/P/07 Date: 17.05.2007
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received the assent of the
Governor on the 16th day of April, 2007 is hereby published for general information:-
The Sikkim Municipalities Act, 2007
(Act No.5 of 2007)
AN
ACT
to provide for the municipal governance in the State of Sikkim in conformity with the provisions of the
Constitution of India as amended by the Constitution (Seventy-fourth Amendment) Act, 1992. based
on the principles of participation in, and decentralization, autonomy, and accountability of urban self-
government at various levels, to improve the quality of life of the urban dwellers of Sikkim.· i roduce
reforms in financial management and accounting systems, to enhance internal resource eneration
capacity, to improve the organizational design of Municipalities, to ensure professio aliza i of the
municipal personnel, and to provide for matters connected therewith or incidental there
Be it enacted by the Legislature of Sikkim in the Fifty-eighth Year of the Re lie of India as
follows:-
1

s title
extend and
commencement
Definitions
PART I
PRELIMINARY
Chapter I
1 (1) This Act may be called the Sikkim Municipalities Act, 2007.
(2) It extends to the whole of Sikkim except the cantonments.
(3) It shall come into force on such date as the State Government
may, by notification, appoint in this behalf, and different dates may
be appointed for different areas and for different provisions of this
Act.
2 In this Act, unless the context otherwise requires, -
(1) "agency" means a company, firm, society, or body corporate in
the private sector, or any agency in the joint sector, or any agency
under any other law forthe time being inforce, asmay be appointed
appointed by theMunicipality to act as its agency on such terms
and conditions as the Municipality may determine for any of the
purposes of this Act;
(2) "Area Sabha" means an Area Sabha referred to in Section 26;
(3) "Auditor" means an Auditor appointed under Section 58, and
includes any officer authorized by him to perform all or any of the
functions of an Auditor under this Act;
(4) "backward class of citizens" means the class of citizens, not
belonging to the Scheduled Castes or the Scheduled Tribes, who
are backward either socially or educationally, and declared as such
by the State Government by notification;
(5) "balance sheet" means the balance sheet prepared under
Section 57;
(6) "bazar" means a bazar area as may be notified by the State
Government;
(7), "bio-medical waste" means any waste generated during diagnosis,
treatment or immunization of human beings or animals or in research
activities pertaining thereto or in the production or testing of
biologicals;
(8) "bridge" includes a culvert;
(9) "budget estimate" means the budget estimate prepared under
Section 49;
2

(10) "budget grant" means the total sum entered on the expenditure
side of a budget estimate under a major head and adopted by the
Municipality, and includes 'any sum by which such budget grant is
increased or reduced by transfer from or to other heads in
accordance with the provisions of this Act and the rules and the
regulations made there under;
(11) "building" means a structure constructed for whatever purpose and
of whatever materials, and includes the foundation, plinth, walls,
floors, roofs, chimneys, fixed platforms, verandas, balconies,
cornices or projections or part of a building or anything affixed thereto
or any wall (other than a boundary wall of less than three metres
inheight) enclosing, or intended to enclose, any land, sign or outdoor
display-structure but does not include atent, shamiana ortarpaulin
shelter;
(12) "carriage" means any wheeled vehicle, with springs or other
appliances acting as springs, which is ordinarily used for the
conveyance of human beings, and includes a jin-rickshaw, cycle-
rickshaw, bicycle or tricycle, but does not include a perambulator
or other form of vehicle designed for the conveyance of children or
elderly, infirm or handicapped persons;
(13) "cart" means any cart, hackney or wheeled vehicle with or without
springs, which is not a carriage, and includes a hand- cart, a cycle
van and a push van, but does not include any wheeled vehicle
which is propelled by mechanical power or its trailer;
(14) "category' post" means a category' A' post classified as such under
Section 29;
(15) "category 'B' post" means a category 'B' post classified as such
under Section 29;
(16) "Chief Councillor" means, -
(i) in relation to a Municipal Corporation, the Mayor,
(ii) in relation to a Municipal Council, the Municipal Chairperson,
and
(iii) in relation to a Nagar Panchayat, the Municipal President;
(17) "Chief Municipal Officer" means, -
(i) in relation to a MunicipalCorporation, the Municipal
Cornrnissioner.end
(ii) in relation to a Municipal Councillor Nagar Panchayat, the
Municipal Executive Officer;
3

(18) "city" means a larger urban area declared to be a city under
Section 3;
(19) "Councillor", in relation to a Municipality, means a person chosen
by direct election from a ward of that Municipality;
(20) "cubical extent," with reference to the measurement of a building,
means the space contained within the external surface of its walls
and roof and the upper surface of the floor of its lowest or only
storey;
(21) "Dangerous disease" means - (i) cholera, plague, small-pox,
cerebrospinal meningitis, diphtheria, tuberculosis, leprosy,
influenza, encephalitis, poliomyelitis, or syphilis; or (ii) any other
epidemic, endemic, or infectious disease which the Government
may, by notification, declare to be a dangerous disease for the
purposes of this Act"
(22) "Deputy Chief Councillor" means, -
(i) in relation to a Municipal Corporation, the Deputy Mayor,
(ii) in relation to a Municipal Council, the Municipal Vice-
Chairperson, and
(ui) in relation to a Nagar Panchayat, the Municipal vice-President:
(23) "domestic purposes", in relation to the supply of water, means the
purposes other than those referred to in Section 165.,
(24) "drain" includes ajhora or water-course of natural drainage line, a
sewer, a house-drain, a drain of any other description, a tunnel, a
culvert, a ditch, a channel or any other device for carrying off
sullage, sewage, offensive matter, polluted water, rain-water or sub-
soil water;
(25) "drug" means any substance used as medicine or inthe composition
or preparation of medicine, whether for internal or external use, but
does not include a drug within the meaning of clause (b) of Section
3 of the Drugs and Cosmetics Act, 1940; (23 of 1940).
(26) "dwelling-house" means a masonry building constructed, used, or
adapted to be used, wholly or principally for human habitation;
(27) "Establishment Schedule" means the Establishment Schedule
prepared under sub-section (8) of Section 29;
(28) "Executive Authority" means the Executive Authority referred to in
Section 20;
4

(29) "financial statement" means the financial statement prepa eo
Section 56;
(30) "food" includes every article used for food or drink by man, other
than drugs or water, and any article which ordinarily enters into, or
is used in the composition or preparation of, human food, and also
includes confectionery, flavoring and coloting matters, spices and
condiments;
(31) "footpath" means a pavement for use by pedestrians which abuts
a category I or category II or category III road;
(32) "habitable room" means a room constructed or adapted for human
habitation;
(33) "hazardous wastes" means the hazardous substance as defined
in clause (e) of Section 2 of the Environment (Protection) Act, 1986;
(29 of 1986).
(34) "house-drain;' means any drain of one or more premises used for
the drainage of such premises;
(35) "house-gully" means a passage or a strip of land constructed, set
apart or utilized for the purpose of serving as a drain or affording
access to a privy, urinal, cesspool or other receptacle for filthy or
polluted matter for municipal employees or for persons employed
in the cleaning thereof or removal of such matter there from, and
includes the air space above such passage or land;
(36) "hut" means any building, no substantial part of which, excluding
the walls up to a height of fifty centimeters above the floor or floor
level, is constructed of masonry, reinforced concrete, steel, iron or
other metal;
(37) "infectious disease" or "communicable disease" means any disease
which may be transmitted from one person to another and declared
as such by the State Government by notification;
(38) "larger urban area" means a municipal area classified as a larger
urban area under Section 7;
(39) "land or building" includes a slum;
(40) "market" includes any place, by whatever name called, where
persons assemble for the sale of meat, fish, fruit, vegetables, live
stock, or any other article of food of a perishable nature, or any
other article for which there is a collection of shops or warehouses
or stalls, declared and licensed by the Municipality as a market;
(41) "masonry building" means any building, other than ahut, and includes
5

any structure, a substantial part of which is made of masonry,
reinforced concrete, steel, iron or other metal and also includes a
framed building;
(42) "milk" includes cream, skimmed milk, separated milk, and
condensed, sterilized, desiccated or toned milk;
(43) "Municipal Accounting Manual" means the Municipal Accounting
Manual prepared and maintained under Section 56;
(44) "Municipal Accounts Committee" means a Municipal Accounts
Committee constituted under Section 67;
(45) "municipal area" means an area constituted as a municipal area
under Section 6;
(46) "Municipal Court" means the Municipal Court created under
Section 343;
(47) "municipal drain" means a drain vested in the Municipality;
(48) "Municipal Fund" means the Municipal Fund referred to in
~.:>"ti"Y') ~Q'·__ U •. I ••.•. ' •.•.••••••• ,
(49) "Municipality" means an institution of self-government constituted
under section 12, read with article 2430 of the Constitution of India,
and includes a Municipal Corporation, a Municipal Council, and a
Nagar Panchayat, referred to in Section 13;
(50) "municipal market" means a market belonging to, or maintained
by, the Municipality;
(51) "municipal slaughterhouse" means a slaughterhouse belonging to,
or maintained by, the Municipality;
(52) "notification" means a notification published inthe Official Gazette, /
(53) "nuisance" includes any act, omission, place or thing which
causes, or is likely to cause, injury, danger, annoyance or offence
to the sense of sight, smell or hearing, or disturbance to rest or
sleep, or which is, or may be, dangerous to life or injurious to
health or property;
(54) "occupier" includes any person for the time being paying, or liable
to pay, to the owner the rent or any portion of the rent of the land or
the building in respect of which the word is used or for damages on
account ofthe occupation of such land or building, and also includes
a rent-free tenant:
Provided that an owner living in, or otherwise using, his own land
or building shall be deemed to be the occupier thereof;
6

(55) "Offensive matter" means kitchen or stable refuse, dung, dirt, putrid
or putrefying substance, or filth of any kind which is not included in
sewage;
(56) "owner" includes the person for the time being receiving the rent of
any land or building or of any part of any land or building, whether
on his own account or as an agent or trustee for any person or
society or for any religious or charitable purpose or as a receiver
who would receive such rent if the land or the building or of any
part of the land or the building were let to a tenant;
(57) "population" means the population as ascertained at the last
preceding census of which the relevant figures have been
published;
(58) "premises" means any land or building or part of a building or any
hut or part of a hut, and includes -
(i) the garden, ground and outhouses, if any, appertaining thereto,
and
(ii) any fittings or fixtures affixed to a building or part of a building.
or hut or part of a hut for the more beneficial enjoyment thereof
(59) "prescribed" means prescribed by rules made under this Act;
(60) "presiding officer" means,-
(i) in the case of a Municipal Corporation, the Mayor.
(ii) inthe case of a Municipal Council, the Municipal Chairperson, and
(iii) in the case of a Nagar Panchayat, the Municipal President:
(61) "private drain" means any drain which is not a municipal drain;
(62) "private street" means any street, road. lane, gully. alley, passage
or square which is not a public street, and includes any passage
securing access to four or more premises belonging to the same
or different owners, but does not include a passage provided 'in
effecting a partition of any masonry building amongst joint owners
where such passaqe is less than two meters and fifty centimeters
wide;
(63) "public building" means a masonry building constructed, used, or
adapted to be used, -
(i) as a place of public worship or as a school, college or other place
of instruction (notbeing adwelling- house so used) orasa hospital,
workhouse, publictheatre, public cinema, publichall,publicconcert-
room, public ballroom, public lecture-room, public library or public
exhibition room or as a public place of assembly, or
7

(ii) for any other public purpose, or
(iii) as a hotel, lodqinq-house, refuge or shelter, where the building,
in cubical extent, exceeds seven thousand cubic metres or
has sleeping accommodation for more than one hundred
persons;
(64) "public street" means any street, road, lane, gully, alley, passage,
pathway, square or courtyard, whether a thoroughfare or not, over
which the public have a right of way, and includes-
(i) the access or approach to a public ferry,
(ii) the roadway over any public bridge or causeway,
(iii).the footpath attached to any such street, public bridge or
causeway,
(iv) the passage connecting two public streets, and
(v) the drains attached to any such street, public bridge or
causeway, and, where there is no drain attached to any such
street. shall be deemed to include also, unless the contrary is
shown, all land up to the boundary wall, hedge or pillar of the
premises, if any, abutting on the street, or, where a street
alignment has been fixed, up to such alignment;
(65) "regulations" means the regulations made by a Municipality under
this Act;
(66) "rules" means the rules made bythe State Government underthis Act;
(67) "sewage" means night-soil and other contents of privies, urinals,
cesspools or drains, and includes trade effluents and discharges
from manufactories of all kinds;
(68) "smaller urban area" means a municipal area classified as a smaller
urban area under section 7;
(69) "street" means a public street or a private street;
(70) "street alignment" means the line dividing the land comprised in,-,
and forming part of, a street from the adjoining land;
(71) "ward" means an administrative division of a Municipality;
(72) "water-course" includes a river, stream or channel, whether natural
or artificial
(73) "year" means a financial year beginning on the first day of April.
8

Declaration of
intention to
constitute a
municipal area.
PART II
CONSTITUTION AND GOVI;RNMENT
Chapter 1/
Constitution of Municipal Areas and
Classification of Municipalities
3 (1) The Governor may, after making such enquiry as he may dee
and having regard to the population of any urban area, the de s..J
of population therein, the revenue generated for the I
administration of such area, the percentage of employment in
agricultural activities in such area, the economic importance of su
area, and such other factors as may be prescribed, by notificatio
declare his intention to specify such area to be a larger urban area.
or a smaller urban area, or an area intransition from a rural area to
an urban area referred to in this Act as a transitional area:
Provided that no such declaration shaii be made unless the
population, -
(a) in the case of a larger urban area, is seventy thousand or more,
(b) in the case of a smaller urban area, is five thousand or more
but is less han seventy thousand, and
(c) in the case 0 a tra si ional area, is below five thousand:
Provided further a e 0 -aqric I ural 00 la:i i. each such
area shall be fifty per cent or ore
Explanation. -"revenue genera ed s all no include-
(a) taxes, if any, dis ri e wiu icipality by the State
Government in accordance - e pri ciple of distribution of
such taxes, referred to i a ide 243Y of the Constitution,
(b) loans and grants from he S a e Government and
(c) loans and grants from the Central Government or any financial
institution or other source.
(2) The Governor shall, by no ification, declare an area specified as -
(i) a larger urban area to be a city,
(ii) a smaller urban area to be a town, and
(iii) a transitional area to be a Nagar Panchayat (by whatever name
called).
9

Publication of
declaration.
Consideration of
objection.
Constitution of
municipal area.
Classification of
municipal areas.
(3) Notwithstanding anything contained in sub-section (1), the
Governor may, by notification, determine separate conditions to
constitute any eco-sensitive area, tourist centre, pilgrim center, or
bazar of any class as a municipal area.
4 (1) The notification about the constitution of a municipal area shall be
published in the Official Gazette and in at least two leading
newspapers, at least one of which shall be in vernacular intelligible
to the inhabitants of t emu icipal area concerned.
(2) A copy of the no ification shall also be pasted in a conspicuous
place in he 0 ce 0' he Dis rict Collector of

Excerpt shown. Open the full act in Lexace.

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