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State of Sikkim - Section

Section 50 in Sikkim Urban and Regional Planning and Development Act, 1998

50. Penalty for unauthorized development or for use otherwise than in conformity with the development plan or development scheme.

(1)Any person who, whether at his instance or at the instance of any other person or anybody commences, undertakes or carries out development, institutes, or changes use of any land or building:-
(a)In contravention of any development plan or development scheme;
(b)Without obtaining a certificate regarding development charges under clause (a) of sub-section (1) of section 44;
(c)Without permission as required under this Act;
(d)In contravention of any condition subject to which such permission has been granted;
(e)After the permission for development has been revoked under section 49; or
(f)In contravention of the permission which has been modified under section 49;
Shall, on conviction be punishable with simple imprisonment for a term which may extend to three years, or with a fine which may extend to ten thousand rupees or with both and in the case of a continuing offence with a further fine which may extend to five hundred rupees for each day during which the offence continues after conviction for the first commission of the offence.
(2)Any person who continues to use or allows the use of any land or building in contravention of the provisions of the development plan or development scheme without having been allowed under section 43 or where the continuance of such use has been allowed under that section, continues such has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall be punishable with a further fine which may extend to five hundred rupees for each day during which such offence continues after conviction for the first commission of the offence.