Section 44 in Sikkim Urban and Regional Planning and Development Act, 1998
44. Prohibition of development.
(1)After the enforcement of this Act and subject to the provisions of this Act no development, or institution, or change of use of any land shall be undertaken or carried out in that area:-(a)Without obtaining a certificate from the Authority certifying that the development charges as leviable under this Act have been paid or that no such development charges are leviable; and(b)Without obtaining the permission in writing as provided for hereinafter:Provided that no such permission shall be necessary -(i)For carrying out such works for the maintenance, improvement or other alteration of any building, which affects only the interior of building or which do not materially affect the external appearance of the building;(ii)For carrying out by the Central or the State Government or any local authority of any works required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street;(iii)For carrying out by the Central or the State Government or any local authority of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;(iv)For the excavation (including wells) made in the ordinary course of agricultural operations;(v)For the construction of unmetalled road intended to give access to land solely for agricultural purposes;(vi)For normal use of land which has been used temporarily for other purposes;(vii)In case of land, normally used for one purpose and occasionally used for any other purpose for the use of land for that other purpose on occasions;(viii)For use, for any purpose incidental to the use of a building for human habitation, or any other building or land attached to such building.
