Sikkim Allotment of House Sites and Construction of Building (Regulation and Control) Act, 1985
No: 11 Dated: Jul, 03 1985
Sikkim Allotment of House Sites and Construction of Building (Regulation and Control) Act, 1985
(Act No. 11 of 1985)
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 site's 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 effecting and likely to cause land slides during monsoons; and Whereas it is expedient to bring about an equitable and proper distribution of house sites and promote planned, organized and systematic growth of towns and bazaars 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 1
1.Short title 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, hut, wall (other than a boundary wall, not exceeding ten feet in height) and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever, and includes any temporary shed erected on ceremonial or festive occasions;
(c) "family" means father, mother and their minor children and includes major children living jointly with the parents.
(d) "Government" means the Government of Sikkim in the Local Self Government 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 notified for purposes" of Chapters II and III of this Act;
(f) "notified green belt" means the green belt area notified by the Government vide notification No. 6 ILSGHD 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 provisions of this Act but does not include ground rent or other rates taxes or fees payable under this Act or any other law in force in this State.