Section 131 in Sikkim Urban and Regional Planning and Development Act, 1998
131. Power to make rules.
(1)The Government may, after consultation with the Authority only with regard to the matters concerning the Authority, may make rules by notification in the Official Gazette, to carry out all or any of the purposes of this Act and prescribe forms for any proceedings for which it considers that a form should be provided:Provided that such consultation with the Authority shall not be necessary on the first occasion of the making of the rules under this section, but the Government shall take into consideration any suggestions which the authority may make in relation to the amendment of such rules after they are made.(2)In particular and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a)The functions and powers of the Board and the Authority;(b)The terms of office and conditions of service of the members of the Board and the Authority;(c)The qualification or disqualification for being chosen as members of the Board and the Authority;(d)The time and place for holding of and the procedure to be followed in the meetings including quorum of the Board and the Authority;(e)The powers and duties of the officers and employees of the Board;(f)The qualifications, functions, powers and duties of the Chief Town Planner and the Town Planning Member of the Authority including their conditions of service;(g)The time within which the regional development plan is to be prepared by the Chief Town Planner under section 12;(h)The stages by which development may be carried out to be indicated in the regional development plan;(i)The manner of nomination of representative of local authorities under this Act;(j)Procedure for exclusion from or inclusion in a development area under section 21;(k)The terms and conditions of the members of the Development Committee constituted under sub-section (3) of section 23;(l)The form in which the Map and the Register is to be prepared under section 30;(m)The form in which the application for permission for development shall be made, particulars to be furnished and documents and plans which shall accompany such application together with the fee;(n)The amount of fee to be paid revalidation of permission under section 47;(o)The manner in which and the purpose for which any Authority may associate with itself any person under the provisions of this Act;(p)The control and restriction in relation to the appointment of officers and employees of the Board and the Authority including conditions of service of such officers and employees;(q)The form and content of the perspective plan, the development plan, the annual plan and the development schemes and the procedure to be followed in connection with their preparation, submission and approval and the form and the manner of heir publication;(r)The manner of appeal to the Authority under clause (b) of sub-section (3) of section 51;(s)The composition, management and conduct of functional agencies under sub-section (2) of section 61;(t)The manner of auction of additional built-up space under sub-section (2)of section 62;(u)The manner and procedure by which land shall be acquired through negotiated settlement under section 67;(v)The manner of disposal of land by the Authority under section 68;(w)The levy, manner of assessment and recovery of development charged exemption from its levy under section 69, 70 and 71, and the manner of appeal under section 72;(x)The procedure to be followed in granting license and the license fee to be paid by promoters under sub-section (1) of section 75; the form of application and documents to accompany, the amount of application fee, the format of he license form and the fee to be charged for revalidation of the license under section 76;(y)Manner in which development work by private sector and joint sector shall be regulated under section 81;(z)The manner in which a acquisition notice is to be served, and claim for compensation is to be made, the time within which such claim is to be made and the procedure to be followed for assessment of compensation;(za)The form of the budget of the Board and the Authority, the date on or before it shall be prepared, the manner or preparing it and the number of copies that has to be sent to the Government under section 84;(zb)The time by which and the manner in which the increase in stamp duty under section 86 shall be credited to the Development Fund of the Authority;(zc)The details and documents to accompany the application for change of use of agricultural land under section 8;(zd)The form and the date before which the annual reports are to be submitted under section 91;(ze)The manner of and condition subject to which the pension and provident fund shall be constituted under section 92; and(zf)Any other matter within has to be or may be prescribed by rules or any other matter for efficient administration of the objectives of this Act.(3)The Government shall have powers to make rules (a) in respect of conditions on which officers and employees of the Authority may be appointed, reduced in rank, suspended, discharged, removed or dismissed;(b)In respect of accounts to be maintained by the Authority;(c)In respect of returns, statements, reports and accounts be submitted by the Authority to the Government;(d)Prescribing and defining the mutual relationship to be observed between the Authority and the local authority in any matter in which they are jointly interested;(e)In respect of principles, guidelines, planning standards, building regulations, conditions and restrictions in accordance with which development may be undertaken or regulated;(f)In respect of authentication of development plans at the time of approved by the Government and custody thereof and the procedure of its production before courts for verification;(g)In respect of calling of tenders, security amount, acceptance of tenders, issue of work orders, entering into contract, execution of works, compromise of claims, and matters ancillary thereto;(h)In respect of the local enquiries or other hearings that may be made before a development plan is approved;(i)In respect of the local enquiries or other hearings that may be made before a development plan is approved;(j)In respect of the manner in which the Government land after transfer to the Authority shall be dealt with;(k)In respect of matters relating to leasing or hiring out or transfer of any property belonging to the Authority and matters ancillary or consequential thereto;(l)In respect of the powers to be exercised and the functions to be performed by the members of the Authority including the Chairman and the Vice-Chairman.(4)In making any rule, the Government may provide that a breach thereof, shall be punishable with fine which may extend to one thousand rupees and in the event of the continuance of the offence, with an additional fine which may extend to thirty rupees for every day during which such breach continues after conviction for the first such breach.
