Sikkim Housing And Development Board Act, 1979
No: 20 Dated: Nov, 13 1979
THE SIKKIM HOUSING AND DEVELOPMENT BOARD ACT, 1979
ACT NO. 20 OF 1979
An Act to provide for the constitution of a housing and Development Board for Sikkim and for matters connected therewith or incidental thereto;
Whereas it is expedient to make provisions for the constitution of a Housing and Development Board for Sikkim and for matters connected therewith or incidental thereto;
It is hereby enacted in the Thirtieth Year of the Republic of India by the Legislature - of Sikkim as follows;
CHAPTER I
Preliminary
1. Short title and commencement. - (1) This Act may be called the Sikkim Housing and Development Board, Act, 1979.
(2) It shall come into force at once.
2. Definitions. - In this Act unless there is anything repugnant in the subject or context;
(1) "Board" means the Sikkim Housing and Development Board constituted under section 3
(2) "Board premises" means any' premises belonging to or vested in the Board' or taken on lease by the Board or entrusted to the Board, for management and use, for the purpose of this Act;
(3) "building materials" means such commodities or articles as are specified by the State Government by notification in the Official Gazette to be building materials for the purposes of this Act;
(4) "bye-laws" means bye. laws, made by the Board under section 36;
(5) "Chairman" means the Chairman of the Board;
(6) "Corporation" means the' Municipal Corporation of Gangtok;
(7) "housing scheme" means a housing scheme made under this Act [and includes residential, rental, commercial and cash loan housing schemes];
(8) "land" includes benefits to arise out of land and things attached to' the earth or permanently fastened to anything attached to the earth;
(9) "Land Acquisition Act" means the Land Acquisition Act, 1894 or the Sikkim Land (Requisition and Acquisition) Act, 1977;
(10) "member" means a member of the Board and includes the Chairman;
(11) "Municipality" means the Gangtok Municipal Corporation;
(12) "premises" means any land or building, or part of a building and. includes;
(i) gardens, grounds and out-houses, if any, appurtenant to such building or part of a building, and
(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(13) "prescribed" means prescribed, by rules made under this Act;
(14) "regulations" means regulations made by the Board under section 35;
(15) "rules" means rules made by the State Government under section 34;
(16) "Secretary" means the Secretary. Sikkim Housing and Development Board appointed under section 6;
(17) "year" means the year commencing on the 1st day 'of - 'April and' 'ending on the 31st day of March. -
CHAPTER II
Establishment of the Board
3. Constitution of the Board. - (1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Board by the name of the Sikkim Housing and Development Board.
(2) The Board shall be a body corporate having perpetual succession and a common seal and may sue and be sued its corporate name and shall be competent to acquire and hold property both movable and immovable, enter into contract and do all things necessary for the purposes of this Act.
(3) For the purposes of this Act and the Land Acquisition Act the Board shall be deemed to be a local authority,