The SIKKIM STATE AUTHORITY FOR PLANNING AND DEVELOPMENT ACT,2007

SIKKIM
GOVERNMENT GAZE1"TE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Tuesday
------------------------Gangtok '1st May, 2007 No. 163
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No. 3/LD/P/07 Date: 26.04.2007.
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received the assent
of the Governor on 16th day of April, 2007 is hereby published for general information:-
The Sikkim State Authority for Planning and Development Act, 2007
(Act No. 3 of 2007)
AN
ACT
to provide for the setting up of an Authority for Planning and Development at the State level with a view
to preparing a comprehensive, integrated and inclusive development plan covering both urban and
rural areas in Sikkim with a special focus on balanced development of all urban agglomerations of the
State, and for ensuring social and economic advancement of different sections of the population of
Sikkim, particularly the poor, and for maintaining ecological balance and protection and improvement
of environment and for safeguarding forests and wild lifeof the State and for matters connected therewith
or incidental thereto.
Be it enacted by the Legislature of Sikkim in the Fifty-eighth Year of the Republic of India as
follows :-
CHAPTER I
Short title; extent
and commencement
Preliminary
(l) This Act may be called the Sikkim State Authority for Planning
and Development Act, 2007.
(2) It extends to the whole of Sikkim except the cantonment areas.
Explanation I- "cantonment area" means an area within the jurisdiction of a
cantonment.

Definitions.
Constitution of
Sikkim State
Authority for
Planning and
Development.
Explanation II - "cantonment" has the same meaning as in the Cantonments
Act, 1924.
(3) It shall come into force on such date as the State 2 of
Government may, by notification, appoint. 1924.
In this Act, unless the context otherwise requires, -
(1) "The Advisory Council" means the Advisory Council constituted
under section 5;
(2) "The Authority" means the Sikkim State Authority for Planning
and Development, constituted under section 3;
(3) "The Constitution" means the Constitution of India;
(4) "The Empowered Executive Committee" means the Empowered
Executive Committee constituted under section 4:
(5) "Local government" includes Municipal Corporation, Municipal
Council, Nagar Panchayat, and Panchayat as may be constituted
under any law for the time being in force;
(6) "notification" means a notification published in the Official Gazette;
(7) "rules" means the rules made by the State Government under
this Act.
2
CHAPTER II
Constitution of the Authority, the Empowered
Executive Committee and the Advisory Council
(1) The State Government shall, by notification, constitute for the
State of Sikkim an Authority to be called the Sikkim State Authority
for Planning and Development for the purpose of carrying out
the functions assigned to it under this Act.
(2) The Authority shall consist of the Chief Minister who shall be the
Chairperson, and such Minister as the Chief Minister may direct,
who shall be the Vice-Chairperson and the following Ministers,
namely: -
(a)
3.
(b)
the Minister-in-charge of Urban Development
and Housing Department,
the Minister-in-charge of Rural Management
and Development Department,
the Minister-in-charge of Roads and Bridges
Department,
the Minister-in-charge of Law, Tourism, and
Commerce and Industries Departments, and
the Minister-in-charge of Forests, Wild Life and
Environment Management Department, Mines
and Geology Department, and Science and
Technology Department.
The Chief Secretary to the State Government
shall be the Member Secretary of the Authority.
The Authority shall be a body corporate having
perpetual succession and a common seal and
shall, byits name, sue and besued.
(c)
(d)
(e)
(3)
(4)

Constitution,
and functions of,
Empowered
Executive
Committee.
Constitution,
and functions,
of Advisory
Council.
4
5
(5) The State Government shall, inconsultation with
the Authority, provide the Authority with such
number of officers, and other employees, of such
categories as the Authority may require for
performing the functions of the Authority under
this Act.
(6) The State Government shall make separate
provision in the annual State budget so as to
enable the Authority to administer the provisions
of this Act.
(1) The Authority shall, by notification, constitute an Empowered
Executive Committee consisting of -
(a) the Chief Minister who shall be the Chairperson,
(b) such Minister as the Chief Minister may direct,
who shall be the Vice Chairperson, and
(c) such other Minister or Ministers, not exceeding
two, as the Chief Minister may deem fit.
(2) The Development Commissioner of the State Government
shall be the Member-Secretary of the Committee.
(3) The Empowered Executive Committee shall oversee the
implementation of the plans and the follow-up of the planning
process as rnay, under section 6, be undertaken or provided by
law, as the case may be.
(1) The State Government shall, by notification, constitute an
Advisory Council under the Chairmanship of the Chief Secretary
to the State Government for the purpose of carrying out the
functions assigned to it under this Act.
(2) The Special Secretary of Development Planning, Economic
Reforms and North-Eastern Council Affairs Department of the
State Government shall be the Member-Secretary.
(3) The other Members of the Advisory Council shall consist of the
following :-
(a) such Secretaries of the State Government and
such officers of statutory authorities,
representatives of Central Government and
undertakings of the Central Government
involved in any project or activity in the State,
representatives of trade, commerce and
industry organizations, and(d) members of the
civil society,as the State Government may
deem fit.
(4)TheAdvisory Council shall advise the Authority on the
preparation of development plan, annual pian, and development
schemes and on such other matters relating to planning of
development and implementation of development plans as may
be referred to it by the Authority.
(b)
(c)

Functions
of the Authority.
6.
CHAPTER III
Functions of the Authority
The Authority shall -
(1) undertake preparation of comprehensive and integrated
development plan for -
(a) socio-economic development,
(b) development of urban, civic, economic, and
social infrastructure with special emphasis on
roads, bridges, tunnels and transport
infrastructu re,
(c) ecological and environment management,
(d) overseeing the implementation of its
development plans, and
(e) management of, and overseeing, local
government institutions,
(2) provide, by law, in the overall planning process, for -
(a) preparation of -
(i) settlement plan,
(ii) economic plan with emphasis on
management of rural and urban poverty,
and
(iii) land-use plan,
(b) control of development,
(c) infrastructure development plan with special
emphasis on infrastructure for transport and
tourism,
(d) investment plan,
(e) financing plan,
(f) urban and rural management plan,
(g) environment management plan, and
(h) management of ecological and environmental
aspects of the State, having regard to the flora and the
fauna of the State including the hilly terrain,
(3) ensure that democratic decentralization of local governments
contributes to the improvement of the performance of such
governments, both in urban and rural areas, and the quality of
life of the citizens at large,
(4) facilitate realization of local autonomy through improved
coordination of national and the State Government policies and
programmes and extension of adequate technical and material
assistance to the less developed and hence deserving units of
the local governments by instituting alternative arrangements
for service delivery of urban, civic, economic, and social
infrastructure,
(5) make adequate provisions for resources with powers,
responsibility, and accountability to enable the local governments,
both in rural and urban areas, to effectively carry out their
functions and to have enabling powers to create and broaden
their own sources of revenue and to have a just share ofthe
State taxes and other revenues of the State, and

Plan to be
consistent with the
recommendations
of the Committee
for district planning.
7.
Meeting of the 8.
Authority, the
Empowered
Executive
Committee, and the
Advisory Council.
Power to make 9.
Rules.
Repeal and saving. 10.
(6) to ensure the participation of the private sector in the efforts of
the State to secure social and economic advancement of, and
delivery of basic services to, the peopleofSikkim.
The plans as aforesaid shall give due regard to the development
plans of the Committees for district planning.
CHAPTER IV
Miscellaneous
(1) The Authority shall meet as often as necessary provided that
there shall not be an interregnum of more than six months
between its meetings.
(2) The Empowered Executive Committee shall meet as often as
necessary provided that there shall not be an interregnum of
more than three months between its meetings.
(3) Tile Advisory Council shall meet as often as necessary
provided that there shall not be an interregnum of more than
six months between its meetings.
The State Government may, by notification, make rules for
carrying out the purposes of this Act. Act
7 of
1998The provisions of the Sikkim Urban and Regional Planning
and Development Act, 1998 (hereinafter referred to in this
section asthe said Act), shall, to the extent they are
inconsistent with the provisions of this Act stand repealed:
Provided that notwithstanding such repeal, anything done or any
action taken under any provision of the said Act before the coming
into force of this Act shall be valid and shall continue to be valid until
any order in this behalf, consistent with the provisions of this Act is
made by the State Government or the Authority, as the case may be.
By Order.
R. K. Purkayastha (SSJS)
LR~cum~Secretary ,
Law Department.

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