Sikkim Public Works (Liability of Government and Contractor) Act, 1983
No: 11 Dated: Oct, 04 1983
Sikkim Public Works (Liability of Government and Contractor) Act, 1983
(Act No. 11 of 1983)
An Act to provide for liability of the Government and the contractor for certain damage caused to the property in the course of executing a public work and for matters connected therewith.
Be it enacted by the Legislature of Sikkim in the Thirty fourth Year of the Republic of India as follows:
1. Short title, extent and commencement:- (1) This Act may be called the Sikkim Public Works (Liability of Government and Contractor) Act, 1983.
(2) It extends to the whole of Sikkim.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definition:- In this Act, unless the context otherwise requires, -
(1) "avoidable damage" means cutting of trees, standing crops, damage to huts, camping or dumping materials on the land of another person without the authority of the owner of the said land and includes any other damage which, in the opinion of the Government, is not an unavoidable damage;
(2) "Chief Engineer" means an officer of the Government appointed as such whether or not in the Public Works Department;
(3) "Collector" means the District Collector and includes any Officer especially appointed by the Government to perform the functions of the Collector under this Act;
(4) "contractor" means a person or association of persons whether incorporated or not, who is entrusted with a public work;.
(5) "Government" means the Government of Sikkim ;
(6) land includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
(7) "notification " means a notification published in the Official Gazette;
(8) person interested" includes all persons claiming an interest in compensation to be made on account of the imposition of restrictions upon the use and enjoyment of land or on account of damage to any land under this Act;
Explanation. - A person shall be deemed to be interested in land if he is interested in an easement affecting the said land;
(9) "prescribed" means prescribed by rules this Act made under
(10) "public work" means any work relating to construction of road, building, bridges or any other work entrusted by the Government to a contractor for execution;
(11) "unavoidable damage" means,.
(a) damage caused due to rock cutting on steep slopes where it is not possible or practicable on the part of the contractor to contain debris by erecting suitable barriers;
(b) landslides not caused due to negligence on the part of the contractor;
(c) any other damage which, in the opinion of the Chief Engineer, for reasons to be recorded in writing, is not an avoidable damage.
3.Imposition of restrictions:- (1) Whenever it appears to the Government that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any public work or of any site intended to be used or to be acquired for any such work, it may, by notification, impose such restrictions on such land as it may deem necessary.
(2) A sketch plan of the land in respect of which the notification referred to in sub-section (1) is issued shall be prepared on a scale not smaller than 6 inches to the mile indicating the boundaries of such land and the Collector shall cause public notice of the substance of such notification to be published at convenient places in the locality (3) The notification referred to in sub-section (1) shall be conclusive proof that it is necessary to keep the land free from buildings and other obstructions specified therein.
4.Powers to do certain preliminary acts after publication oj notification under section:- It shall be lawful for such officer as the Government may, by general or special order, authorize in this behalf, and for his employees, servants and workmen, at any time after the publication of the notification under section 3, to enter upon and survey and take levels of .any land in such locality, to dig or bore into the sub-soils, to do all other acts necessary to ascertain whether any land, if so, what restrictions should be imposed on the use and enjoyment of the land, to set out the boundaries of the land upon the use and enjoyment of which restrictions are to be imposed, or of any part of such land, to mark such levels and boundary lines by placing marks and cutting trenches, and where the survey cannot be completed or the levels cannot be taken or the boundary lines cannot be marked, to cut down and clear away any part of any standing crop, fence or jungle:
Provided that no person shall enter into any building or upon any enclosed courtyard or garden attached to a dwelling house unless with the consent of the occupier thereof or without previously giving such occupier at least seven days' notice in writing of its intention to do so