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THE SIKKIM HOUSING AND DEVELOPMENT BOARD AMENDMENT ACT, 2000
THE SIKKIM HOUSING AND DEVELOPMENT BOARD (AMENDMENT ACT, 2000)
(Act No. 15 of 2000)
AN ACT
Further to amend the Sikkim Housing and Development Board Act, 1979.
Be it enacted by the Legislature of Sikkim in the Fifty-first Year of the Republic of India as follows:-
Short title and commencement
1. (1) This Act maybe called the Sikkim Housing and Development Board Amendment Act, 2000
(2) It shall come into force from the date of its publication in the Official Gazette
Amendment of Section 2
2. In section 2 of the Sikkkim Housing and Development Board Act, 1979 (hereinafter referred to as the principal Act).
(a) in clause (7) after thword “Act” , the words” and includes residential, rental, commercial and cash loan housing schemes “shall be inserted”.
(b) after clause (16 , the following clause shall be inserted, namely:-
“(16 (a)) “State Government” means the Government of Sikkim.”
Amendment of Section 3
3. In section 3 of the principal Act, for sub-section (3), the following sub-section shall be Substituted namely:-
“(3) The Board shall be deemed to be local authority for the purposes of this Act, the Land Acquisition Act, the Sikkim Public Premises (Eviction of Unauthorised Occupants and Rent Recovery) Act, 1988.
Amendment of section 4
4. In section 4 of the principal Act, in sub-section (1)
(a) for the words “Local Self Government and Housing Department”, the words “Urban development and Housing Department” shall be substituted:-
(b) for clauses (ii) (iii), (iv), (v) and (vi), the following clauses shall be substituted namely:-
(ii) Secretary, Urban development and Housing Department.
(iii) Secretary, Rural development Department.
(iv) Commissioner–cum-secretary, Planning and Development department.
(v) Principal Chief Engineer–cum- secretary, Building and Housing Department.
(vi) Secretary, Sikkim Housing and development Board.
(vii) Any other professional, technical or eminent person whose expert experience may be useful to the Board to be nominated by the Government for such time as maybe specified in this behalf.”
Amendment of section 6
5. In section6 of the principal Act.
(a) In the proviso to sub-section (2), for the words, “the maximum of the exceeds one thousand rupees a month”, the words “which exceed lowest scale payable to a Group B Employee of the State Government “be and shall always be deemed to have been substituted;
(b) after sub-section (2), the following sub-section shall be inserted, name “(3) The pay, allowances leave and other benefits of the employees of Board shall be regulated by the rules relating to such pay, allowances, leads and other benefits framed by the State Government for its employees from time to time or any other rules as maybe framed and adopted by the Board.
Amendment Of section 8
6. In section 8 of the principal Act , after sub-section (2), the following sub-section shall be inserted , namely:
(3) “Subject to the provisions of sub-section (1), no officer or other employees except the Secretary of the Board, shall be appointed or deputed by the State Government, without the consent of the Board. The Board shall have right not to accept the appointment or deputation of any officer and staff made by the State Government without the consent of the Board.”
Amendment Of section 9
7. In section 9 of the principal Act, in clause (a), for the word “two” the word “three” shall be substituted.
Amendment Of section 10
8.In section 10 of the Principal Act.
(a) in the proviso to sub section(1)
i. in paragraph(a), for the words “five Lakhs “ the words “fifty lakhs” shall be substituted;
ii. in paragraph (b), for the words “fifty thousand”, the words “five lakhs” shall be substituted.
(b) In sub-section (2), after words” original contract”, the words “subject to adherence for overall limits of variation within the Scheme as provided under the proviso to section 19 of this Act” shall be added.
Amendment Of section 12
9. In section12 of the principal Act.
(a) In sub-section (1) after the words “State Government”, the words “including implementation of cash loan schemes and may also incur expenditure for such housing scheme on any other land as the State Government may deem fit”.
(b) In sub-section (3), the words and with the previous approval of the State Government shall be deleted and after the words as the case may be, the words or any other commercially profitable construction Scheme on a turnkeybasis “ shall be added.
Amendment Of section 13
10. In section 13 of the Principal act:-
(a) in clause (f),after the words “board premises”, the words “including for commercial purposes to generate revenue of the Board”, shall be added;
(b) for clause (h) the following clause shall be substituted, namely:-
“(h) borrowing and advancing of money for the purpose of repair and construction of individual houses.”
Amendment Of section 19
11. In the proviso to section 19 of the principal Act, for the words “ten percent”, the words “fifteen percent “ shall be substituted.
Amendment Of section 21
12. In section 21 of the principal Act;
(a) for the marginal heading “other duties of the Board”, the marginal heading “other powers and duties of the Board “ shall be substituted.
(b) in clause (iv) of sub-section (2),
(i) in sub-section©, the words “for residential or non-residential houses’ shall be deleted;
(ii) for sub clause (d), the following sub-clause shall be substituted, namely:-
“(d) undertaking training of unskilled and semi-skilled persons for deployment in the construction industry through Palika Karigar Kendras and or Building Centres”;
(c) after clause (iv), the following clause shall be inserted, namely:-
(v) render techno-economic consultancy including approval, planning and designing services in respect of construction Scheme on commercial consideration;
(vi) undertake or associate with specific infrastructure development project like town planning and creation if called upon to do so;
(vii) manufacture and self of building materials through Building Centres;
(viii) enter, with prior approval of the State Government , into joint sector agreements which are commercially viable and beneficial of the people of the State of Sikkim;
(ix) invest suitably any surplus land in any Nationalised Bank and other Government undertakings within india so as to achieve assured returns without impairing the liquidity of the Board.”
Amendment Of section 23
13. In section 23 of the principal Act, after sub-section (2), the following sub-section shall be inserted namely:-
“(3) Notwithstanding anything contained in sub-section (1) or sub-section (2) by subject to the provisions of the Land Acquisition Act, if the State Government is of the opinion that the land outside the State is required to be acquired for undertaking a Scheme that would be beneficial to the State, it may direct the Board to take step to acquired the same in accordance with the direction as the State Government may pass in this behalf”.
Amendment Of section 25
14. In section 25 of the principal Act, for sub-section (5) the following sub-section shall be substituted , namely:-
“(5) All moneys and receipts specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the State Bank of Sikkim, or in any other Nationalised Bank operating in Sikkim.
Provided that nothing contained in this sub section shall prejudice the decision of the Board to invest any surplus fund in the manner specified in clause (ix) of sub section (2) of section21”.
Amendment Of section 27
15. In section 27 of the principal Act, in Sub-section (1):-
(a) after the words “in any year” the words “though not provided for in the approved annual budget” shall be added:
(b) in clause (a) and (b), for the words “fifty thousand rupees” and “two lakhs rupees “, the words “two lakhs fifty thousand rupees “ and “ten lakhs rupees “ shall, respectively be substituted
Amendment Of section 30
16. In section 30 of the principal Act:-
(a) for sub-section(1) and sub-section(2) the following sub-section shall be substituted, namely:-
“(1) The Board shall cause to be maintained proper book of accounts and records in such forms and manner as maybe prescribed or as per the accounts manual to be adopted by the Board by resolution to this effect in the manner of commercial pattern of accounting.
(2) The Board shall cause its accounts to be audited annually by an Auditor to be appointed by the Board from amongst the Chartered Accountants empanelled by the State Government the auditor so appointed shall have the right to demand the production of books, accounts, vouchers, documents and all other papers relating to accounts or otherwise, and to inspect any of the offices of the board”.
(b) after sub-section (2), the following sub-section, shall be inserted, namely:-
“2 (a) The Auditor of the Board shall examine each balance sheets and profit and loss account and state whether they represent a true and fair position of assets and liabilities of the Board in the case of the former and of the result from operations during the period covered in the case of the latter”
Amendment Of section 35
17. In section 35 of the Principal Act, in sub-section (2), for clause (b), the following clause shall be substituted, namely:-
(b) the principles and terms and conditions in allotment of tenements and premises and in the grant of housing loan”.
