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THE SIKKIM ALLOTMENT OF HOUSE SITES AND CONSTRUCTION OF BUILDING REGULATION AND CONTROL AMENDMENT ACT, 2000
An Act further to amend the Sikkim allotment of house sites and construction of building (regulation and control Act, 1985)
Be it enacted by the Legislature of Sikkim in the Fifty first year of the Republic of India as follows:-
Short title Extend and Commencement:-
1. (1) This Act may be called the Sikkim Allotment of Houses Sites and Construction or Building (Regulation and Control Amendment Act, 2000.
(2) It extends to the whole of Sikkim.
(3) It shall come into force at once.
Amendment of Section 2:-
2. In the Sikkim Allotment of Houses Sites and Construction of Building (Regulation and Control) Act, 1985 (hereinafter referred to as the principal Act), in section 2:-
(a) in clause (c), after the words “means” and before the word ‘father’ the words ‘husband, wife’ shall be inserted:
(b) in clause (d), for the words ‘Local Self Government and Housing Department’ the words ‘Urban Development and Housing Department’ shall be substituted:
(c) “for clause (e), the following shall be substituted namely:-
“notified area” means any area whether Government of Private notified from time to time for the purpose of chapter II and III or this Act”
(d) in clause (j) after the words “ground rent” and before the words “or other rates” the following words shall be inserted, namely:_
“or cost of the land”.
(e) after clause (j), the following clauses shall be added namely:-
“(k)” lease deed” means the lease deed executed between the allotee and the Government with regard to the allotted site for a specific period or time”.
“(l)” “Site” means the area allotted or 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 widestchajja/hood.
Amendment of section 4:-
3. In the principal Act, in section 4:-
(i) for sub section (1), the following sub-section shall be substituted, namely:-
“(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 fulfillment of the criteria laid down in the regulations where a site is actually available by 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 bazaar shall not be eligible for allotment of site within any Urban area.
(ii) for sub-section (2), the following sub-section shall be substituted, namely:-
“(2) An allotee shall pay such site salami and cost of land as may be notified by the Government from time to time.”
(iii) after sub-section (3), the following new sub-section shall be inserted, namely:-
(4) After the allotment of the site, the allotee shall get the lease deed registered in the office of the Registrar of the concerned district:
Insertion of new Section 4A:-
4. In the principal Act, after section 4, the following sections hall be inserted, namely:-
“4A allotment of site acquired for public purpose:-
Where a site acquired for a public purpose is proposed to be allotted for a private purpose, such an allotee 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.”
Insertion of Section 5:-
5. In the principal Act, in section 5, in sub-section (1), after the word “registration a” and before the word “whether” the words “of lease deed” shall be inserted.
Amendment of Section 7:-
6. In the principal Act, in section 7:-
(i) In sub-section (1), after the words “notified area” and before the words without obtaining”, the words “whether Government” or private holdings” shall be inserted;
(ii) in sub-section (2), after the words “notified area” the words “whether Government or private” shall be added;
(iii) in sub-section (3), after the words “Government shall” the following shall be substituted, namely:-
“ensure that the roofing of a house and its all round elevation shall be in traditional style”.
Amendment of Section 11:-
7. In the principal Act, in section 11, for the words “five hundred”, the words “five thousand” shall be substituted.
