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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. (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. 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.
 829

(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.

CHAPTER II

3. (1) The Government shall, from time to time, by notification,

declare any area as a notified area for the purposes 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.
 830

(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 specified in this behalf.
..
4. (1) The Government may allot sites on application made by any
persons in such form and in such manner as may be
prescribed.

(2) An allottee shall pay such salami 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 pf the area,
user and location.

5. (1) All allotments in which the registration 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
mistake:

Provided that no order of cancellation shall be made. unless

the person concerned has been given an opportunity of
making representation.
 831

CHAPTER III

6. The Government shall not allot more than one site to one
family in the State.

7. (1) No construction shall be undertaken in any notified area

without obtaining the prior permission. of the Government.

(2) The Government shall make regulations regulating ,the

construction of building in any notified area.

(3) While granting permission for construction of buildings, the

Government shall give due consideration to the cultural and
traditional values of the people of Sikkim.

(4) All permissions for the construction of buildings which are

obtained prior to the commencement of this Act shall stand
cancelled.

8. The Government may demolish any construction or

building which have been commenced, continued or completed
in contravention of the provisions of the Act or the regulations
made thereunder.

9. (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 neighborhood 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 preventing imminent
danger to any person or property, it shall be the duty of the
State Government itself to
 832

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 or 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. 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 or directions and does
not fall under the notified green belt, it may pass order for
regularization of such construction on payment of such fees as
may be fixed by the Government by notification In this behalf.

CHAPTER IV

11. 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 hundred or with both.

12. All .offences under this Act or rules or regulations

made thereunder shall be cognizable and shall be triable by a
Judicial Magistrate of the First Class.
13. 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. All complaints shall be filed within one year from the date of an
offence.
15. 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.
 SIKKIM

GOVERNMENT GAZETTE

(EXTRAORDINARY)
PUBLISHED BY AUTHORITY

Gangtok , Saturday 1st July, 2000 No . 228

GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK.
No.16/LD/2000 Dated : 30/06/2000
NOTIFICATION

The Following Act of the Sikkim Legislative Asembly having received the asent of the
Government on 28th day of June 2000 is hereby published for general information.

THE SIKKIM ALLOTMENT OF HOUSE SITES

AND CONSTRUCTION OF BUILDING
REGULATION AND CONTROL AMENDMENT ACT, 2000
(ACT NO. 16 OF 2000)
AN
ACT
further to amend the sikkim allotment of house sites and construction of building
(regulationand control aCt , 1985.

Be it enacted by the Legislatureof Sikkim in the Fifty first year of the Republic of India as
follows:-

Short title 1. (1) This Act may be called the Sikkim Allotment of House Sites and
Extent and Construction or Building (Regulation and Control Amendment Act.
commencement 2000.
(2) it extends to the whole of Sikkim.
(3) it shall come into force at once.

Amendment of 2. In the Sikkim Allotment of Hoiuse Sites and Construction of Building

Section 2 (Regulation and Control) Act, 1985 (hereinafter referred to as the
principal Act), in section 2:-
 (a) in clause (c), after the word “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 folwong shall be substituted namely:-

“notifiec area” means anyarea whether Government of Private
notified from time to time for the purpose of chapter II and III or this
Act”

(d) Inclause (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 , anmely:-
“(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 “.

“(I)” “Site” means the area allotted or a building or house within which
shallbe integrated all the amenities like septic tanks , water tanks,
soakpits, staircase etc. including the area tobe covered bythe
topmost widestchajja /hood.

Amendment 3. In the principal Act, insection 4:-

Of section4.
(i) for sub section(1) , the following sub-sectionshallbe substituted,
namely:-
“(1) (a) The Government mayallot a site to a person onapplication
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 wherea
site is actually available byt 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 alreadyhaving a dwelling house ina private holding or

otherwise ina particular townor bazaar shallnot 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 follwong new sub-section shall be
inserted, namey:-

(4) After the allotment of the site, the allotee shall get the leasedeed
registered in the office of the Registrar of the concerned distict:

Insertion of new 4.In the principal Act, aftersection 4, the following section shall be
Section4 A. 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 maybe ascertained bythe Government towards the cost of
the land and such an area also shall be held as lease hold”.

Insertion of 5. In the principal Act, insection 5, in sub-section(1) , after the word

Section 5. “registration a” and before the word “whether” the words “of lease
deed” shall be inserted.

Amendment 6. In the principal Act, in section 7:-

Of 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’ shallbe inserted;

(ii) insub-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 shallbe in traditional style”.
Amendment
Of section 11. 7. In the principal aCt, inseciton 11, for the words “five hundred” , the
words “five thousand” shall be substituted.

By order of the Governor.

T.D.Rinzing
Secretary to the Govt. of Sikkim
Law Depoartment.
F.No. 16(82) LD/2000
 SIKKIM

GOVERNMENT GAZETTE

EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Monday, 12th November, 2001 No 410

GOVERNMENT OF SIKKIM

LAW DEPARTMENT

NO.09/LD/2001 dated 12.11.2001

NOTIFICATION

The following Act of the Sikkim Legislation Assembly having received the assent of the Governor on 5th day of November,
2001 is hereby published for general information:-

THE SIKKIM ALLOTMENT OF HOUSE SITES AND CONSTRUCTION OF BUILDINGS (REGULATION

AND CONTROL) AMENDMENT ACT, 2001
ACT NO.8 OF 2001
AN

ACT

Further to amend the Sikkim allotment of House Sites and Constrction of Building (Regulation and Control)
Act, 1985.

Be it enacted by the Legislature of Sikkim in the Fifty-Second Year of the Republic of India as
Short title, folloes:-
Extent and com- 1. (1) This Act may be called the Sikkim Allotment of House Sites mencement
Construction of Building (Regulation and Control )
Amendment Act, 2001.
(2) it extends to the whole of Sikkim.
(3) it Shall come into force at once.
Insertion of 2. ln the Sikkim Allotment of House Sites and Construction of Section
Building (Regulation and Control)Act, 1985 (hereinafter
referred to as the said Act), in section 7, after sub-section (1),
the following sub-section shall be inserted, namely:-
“(1-A). No Construction of any building or structure of any
height shall be undertaken without provision for earthquake
resistance system.
The State Government shall make necessary regulation prescribing
The required structural designs on this behalf’’
Amendment 3. In the said Act ,in section 11 for the words five hundred the words three thousand
Section11 shall be substituted.

Repeal and Saving 4.(1) The Sikkim Allotment of House Sites and Construction of building
(regulation and control) Amendment Ordinance 2001(ordinance No.7 of 2001)
is hereby repeated.
(2)Notwithstanding such repeal anything done or any action taken under
the Ordinance so reapeated shall be deemed to have been done or taken
under the corresponding provision of this Act.

By Order

T.D.Rinzing
Secretary to the Govt of Sikkim,
Law Department

F.No.16(82)LD/2001
The following Act passed by the Sikkim Legislative Assembly and having received the
assent of the Governor on 16th day of April, 2007 is hereby published for general
information:-

THE SIKKIM ALLOTMENT OF HOUSE SITES AND CONSTRUCTION OF

BUILDING (REGULATION AND CONTROL) AMENDMENT ACT, 2007

(ACT No. 6 of 2007)

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-eighth Year of the Republic of India.

Short title, 1. (1) This Act may be called the Sikkim Allotment of
Extended and House Sites and Construction of Building
Commencement (Regulation and Control) Amendment Act, 2007.

(2) It extends to the whole of Sikkim.

(3) It shall come into force at once.

Amendment of 2. In the Sikkim Allotment of House Sites and

Section 4. Construction of Building (Regulation and Control)
Act, 1985, in sub-section (1) of Section 4, after
the clause (b), the following clause shall be
inserted, namely:-
 “(c) The Government shall reserve 3% reservation to the
disabled person for allotment of house sites
prospectively”.

By Order

R.K. Purkayastha (SSJS)

LR-cum-Secretary
Law Department

SIKKIM

GOVERNMENT GAZETTE

EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Tuesday 1st May, 2007 No. 165

LAW DEPARTMENT
GOVERNEMNT OF SIKKIM
GANGTOK

No. 11/LD/P/07 Date: 01.05.2007

NOTIFICATION

The following Act passed by the Sikkim Legislative Assembly and having received the assent of the
Governor on 16th day of April, 2007 is hereby published for general information:-