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GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
Notification
No. 11/LD/85
Dated, the 29thJune, 1985
The following act of the Sikkim Legislative Assembly
having received the assent of the Governor on the 28th
day of June, 1985, is hereby published for general information
:-
THE
SIKKIM ALLOTMENT OF HOUSE SITES
AND
CONSTRUCTION
OF BUILDING
( REGULATION AND CONTROL ) ACT, 1985
(ACT
No. 11 OF 1985)
(As amended by the Sikkim Allotment of
House Sites and Construction of Building (Regulation and
Control) Amendment Bill,2000)
AN
ACT
to provide for the allotment of house sites, regulation
of construction, alteration and repair of buildings in Sikkim
and for matters connected therewith.
Whereas house sites have been allotted without
consulting the Sikkim Public Works Department and other
concerned Departments;
Whereas such allotment of sites have resulted in
encroachment of septic, water supply tanks, land within
compound of Government quarters, within the notified green
belt and affecting and likely to cause land slide during
monsoon; and
Whereas it is expedient to bring about an equitable and
proper distribution of house sites and promote planned,
organised and systematic growth of towns and bazars in the
State of Sikkim and matters connected therewith.
Be it enacted by the Legislative Assembly of Sikkim in
the Thirty-sixth Year of the Republic of India as follows :-
CHAPTER – I
1.
Short
title, extent and commencement :
(1)
This act may be called the Sikkim Allotment of House
Sites and Construction of Building (Regulation and Control)
Act, 1985.
(2)
It shall
extend to the whole of Sikkim.
(3)
It shall
come into force at once.
2.
Definitions
:
In this Act, unless the context otherwise requires :-
(a)
“allotment”
means allotment of sites for construction of building for the
purpose of residence, commerce, residential-cum-commercial or
any other trade or industry;
(b)
“building”
includes a house, out-house, stable, privy, urinal, shed, side
wall (other than a boundary wall, not exceeding ten feet in
height) and any other such structure, whether of masonary,
bricks, wood, mud, metal or any other material whatsoever, and
includes any temporary shed erected on ceremonial or festive
occasions;
(c)
“family”
means husband, wife,
father, mother and their minor children and includes major
children living jointly with the parents.
(d)
“Government”
means the Government of Sikkim in the Urban
Development and Housing Department and includes such other
officers of the said Department and of any other Department as
may be authorised by the Government for carrying out the
purposes of this Act;
(e)
“notified area” means any
area whether Government or private notified from time to time
for the purpose of Chapter-II and III of this Act;
(f)
“notified
green belt” means the green belt are notified by the
Government vide notification No. 6/LSGHD dated the 10th
April, 1982 and includes such other area, which may be so
declared by the Government, by notification, from time to
time;
(g)
“notification”
means a notification published in the Official Gazette;
(h)
“person”
means any individual and includes any member of the family,
any society or association of persons, whether incorporated or
not, and all legal and juristic persons;
(i)
“prescribed”
means prescribed by rules made under this Act;
(j)
“salami”
means the amount payable by a person for allotment of a site
under the provision of this Act but does not include ground
rent or cost of the land
or other rates, taxes or fees payable under this Act or
any other law in force in this State.
(k)
“lease deed” means the
lease deed executed between the allottee and the Government
with regard to the allotted site for a specific period of
time;
(l)
“Site” means the area
allotted for a building or house within which shall be
integrated all the amenities like septic tanks, water tanks,
soakpits, staircase etc. including the area to be covered by
the topmost/widest chajja/hood.
CHAPTER - II
3.
Declaration
of Notified area and preparation of plans.
(1)
The Government shall, from time to time, by
notification, declare any area as a notified area for the
purpose of this Act.
(2)
The
Government shall, within six months but not later than one
year from the date of commencement of this Act, prepare a plan
indicating the area –
(i)
for
residential purposes;
(ii)
for
commercial purposes;
(iii)
for
residential-cum-commercial purposes;
(iv)
for
industrial purposes;
(v)
for public
and semi-public open places, parks, play grounds and Community
Hall.
(3)
The
Government shall indicate and specify sites for residential,
commercial and industrial purposes.
(4)
The
Government shall publish within fifteen days from the
preparation of such plan with details as mentioned in
sub-section (2), by notification, and in such other manner as
may be splecifiedn in this behalf.
4.
Allotment
of house sites :
(1)
(a)
The Government
may allot a site to a person on application made by him in
such form and in such manner as may be prescribed subject to
fulfilment of the criteria laid down in the regulations where
a site is actually available but the submission of an
application alone does not confer any legal right to the
applicant for allotment of a site.
(b)
No Government servant who has not rendered regular
service for a minimum period of 12 (twelve) years shall be
eligible for allotment of a site.
(c)
Persons already
having a dwelling house in a private holding or otherwise in a
particular town or bazar shall not be eligible for allotment
of site within any Urban area;
(2)
An allottee shall pay such site salami and cost of land
as may be notified by the Government from time to time;
(3)
The Government shall, by notification, fix different
rates of salami for purposes of allotment on the basis of the
area, user and location;
(4)
After the allotment of the site, the allottee shall get
the lease deed registered in the office of the Registrar of
the concerned district.
4A.
Allotment of site
acquired for public purposes :-
Where
a site acquired for a public purpose is proposed to be
allotted for a private purpose, such an allottee shall deposit
such amount of charges as may be ascertained by the Government
towards the cost of the land and such an area also shall be
held as lease hold.
5.
Cancellation of allotment :
(1)
All allotments in which the registration of lease deed whether complete or not and those falling under the
notified green belt shall stand cancelled.
Explanation
:-
Allotments
for purpose of sub-section (1) mean allotments of house sites
on which construction is not completed.
(2)
The salami paid by the allottee shall be refunded
within one month from the date of commencement of this Act.
(3)
Subject to
section 6 such of the allottees whose sites have been
cancelled under sub-section (1) shall be given preference for
allotment of sites in notified area as notified under
sub-section (3) of section 3 if an application is made to that
effect.
(4)
The sites allotted under this Act may be cancelled on
grounds of fraud, misrepresentation of facts or bonafide
mistakes :
Provided
that no order of cancellation shall be made unless the person
concerned has been given an opportunity of making
representation.
CHAPTER
–III
6.
Restriction on allotment of site :
The
Government shall not allot more than one site to one family in
the State.
7.
Permission for construction of building :
(1)
No construction shall be undertaken in any notified
area whether government
or private holdings without obtaining the prior permission
of the Government.
(2)
The Government shall make regulations regulating the
construction of building in any notified area whether government or private.
(3)
While granting permission for construction of
buildings, the Government shall ensure
that the roofing of a house and its all round elevation shall
be in traditional style.
(4)
All permissions for the construction of the buildings
which are obtained prior to the commencement of this Act shall
stand cancelled.
8.
Demolition of building :
The
Government may demolish any construction or building which
have been commenced, continued or completed in contravention
of the provision of the Act or the regulations made thereunder.
9.
Removal of structures which are in ruins or likely to
fail :
(1)
If at any time it appears to the State Government that
any structure in any notified area (including under this
expression any building, wall or other structure and anything
affixed to or projecting from any building, wall or other
structure) is found unsafe for human habitation or in any way
dangerous to any person occupying, resorting to or passing by
such structure or any other structures or place in the
neighbourhood thereof, the State Government may, by a written
notice of not less than seven days, require the owner or
occupier –
(a)
to demolish or to repair such structure in such manner
as may be specified in the notice, or
(b)
to repair, protect or enclose such structure in such
manner as may be specified in the notice.
(2)
Where it appears to the State Government that immediate
action is necessary for the purpose of presenting imminent
danger to any person or property, it shall be the duty of the
State Government itself to take such immediate action; and in
such case it shall not be necessary for the State Government
to give notice, if it appears to it that the object of taking
immediate action shall be defeated by the delay incurred in
giving notice.
(3)
Where any owner of occupier fails to comply with the
notice served upon him, the State Government may demolish or
remove such structure or fixture under sub-section (1) or
sub-section (2) and recover the expenses of such demolition or
removal from the owner or occupier, as the case may be.
10.
Power of State Government to regularise on payment of
fees :
If
upon considering the facts and circumstances of a case, the
Government is satisfied that any building already constructed
before the commencement of this Act in contravention of the
existing laws, rules, notifications, orders of directions and
does not fall under the notified green belt, it may pass order
for regularisation of such construction on payment of such
fees as may be fixed by the Government by notification in this
behalf.
CHAPTER
- IV
11.
Penalties :
Without
prejudice to any other actions to be taken under the
provisions of this Act, any person who contravenes the
provisions of this Act or rules, regulations, notifications,
orders or directions issued thereunder, shall be punishable
with a simple imprisonment not less than six months or with a
fine not less than rupees five thousand
or with both.
12.
Offences to be cognizable :
All
offences under this Act or rules or regulations made
thereunder shall be cognizable and shall be triable by a
Judicial Magistrate of First Class.
13.
Filing of complaint :
All
complaints shall be filed by an Officer not below the rank of
an Under Secretary to the Government after obtaining the
approval of the Government.
14.
Limitation :
All
complaints shall be filed within one year from the date of an
offence.
15.
Action taken in good faith :
No
action, civil or criminal shall lie against any officer of the
Government for anything which is in good faith done or
intended to be done in pursuance of this Act or rules or
regulations made thereunder.
16.
Power to made rules :
The
State Government may, by notification, in the Official
Gazette, make rules to carry out the purposes of this Act.
17.
Power to make regulations :
The
State Government may, by notification, in the Official
Gazette, make regulations regulating constructions of
buildings and all other commercial matters.
18.
Present Rules and Bye-laws to continue :
All
bye-laws, rules, regulations and notifications in force
concerning constructions of buildings shall continue to be in
force as though they are regulations made under this Act till
they are altered, amended or varied.
B.R.PRADHAN
Secretary to the Govt. of Sikkim
Law Department |
