Gazette 1983.pdf - Sikkim Archives

S I K K I M

G A Z E T T EG O V E R N M E N T

EXTRAORDINARY

PUBLISHED BY AUTHORIT Y _______________________________________________________________________________________

No.1 Gangtok, Wednesday January 5, 1983.

________________________________________________________________________________________________________

GOVERNMENT OF SIKKIM

RURAL DEVELOPMENT DEPARTMENT

GANGTOK SIKKIM

CORRIGENDUM No. 3. to Notification No. 1(47A) NOT/RW/P/75-76/Pl/RDD/5046

Dated Gangtok, the 19th October, 1982

Memo No.1(47A)NOT/RW/P/75-76/RDD.

Dated Gangtok the 3rd, January, 1983.

Please read column 1,2,3,4,5, & 6 of Gram Panchayat No.17, 18 & 20 (Page No.13) of South

District, Gram Panchayat No 7, 31 & 33 (Page No.4) of East District and. Gram Panchayat No. 15 of North

District (Page No.11) as under :—

_______________________________________________________________________________________________________

1 2 3 4 5 6

________________________________________________________________________________________________________ Pamphok, Pamphok 2 Revenue block of Pam-

Kateng, Kateng-Bokrang 3 phok, Kateng- Bokrang

Bokrang, 17. Pamphok Nalam-Kolbung 2 7 Nalam-Koibung

Nam-Kolbung.

__________________________________________________________________________________________________________________________________ Mamring, Mamring 1 Rvenuef

Donok, Donok 1 Mamring, Donok

Turunng, Turung 3 Turung, Kanamtek.

Kanamtek 18. Turung Kanamtek 1

__________________________________________________________________________________________________________________________________

Ratepani, Ratepani 2 Revenue blocks of

Pasi, 20. Ratepani Pasi 1 Ratepani, Pasi, Rabi-

Rabitar, Rabitar 1 tar, Rabikhola, Tanzi

Rabikhola, Rabikhola 1 Bikmat.

Tanzi, Tanzi 1

Bikmat Bikmat 2 8

__________________________________________________________________________________________________________________________________

Dikling Pacheykhani, 7. Pacheykhani Dikling-Pacheykhani 2 Revenue blocks of

Losing, Losing 1 Dikling Pacheykhani,

Pacheykhani Pacheykhani 4 Losing, Pacheykhani.

(Bengthang, (Bengthang,

Rorathang-Bazar) Rorathang Bazar) 7

__________________________________________________________________________________________________________________________________

Samlik

Marchak 31.Samlik Samlik 2

Namin Marchak Marchak 2 Revenue blocks of

Namin 1 5 Samik, Marchak, Namin

__________________________________________________________________________________________________________________________________

2

1 2 3 4 5 6

__________________________________________________________________________________________________________________________________

Martam,

Nazitam Martam 2

Tirtukam 33. Martam Nazitam 2 Revenue blocks of

Tirkutatam 1 5 Martam, Nazitam, Tir-

kutam.

__________________________________________________________________________________________________________________________________

Menrongong,

Phamtam, Menrongong 2 Revenue blocks of

Chawang 15. Menrongong Phamtam 1 Menrongong, Pham-

Chawang 2 5 tarn, Chawang.

__________________________________________________________________________________________________________________________________

Since the Wards Bikmat and Nalam-Kolbung of Gram Panchayat No. 19 of South District have been

attached to Gram Panchayat No. 17 & 20, the Gram Panchayat No. 19 of South District is deleted.

Sd/-

P. K. Pradhan, IA.S.

Secretary,

Rural Development Department.

________________________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ______________________________________________________________________________

No.2 Gangtok, Wednesday January 5,1983. ______________________________________________________________________________________________



GANGTOK

NOTIFICATION

No.1 28/82/Elec/NOT 2/RDD/P/4036. Dated Gangtok, the 4th January, 1983

In pursuance of the powers conferred by sub-section (2) of Section 101 of the Sikkim

Panchayat Act, 1982 (Act No. 3 of 1982), the State Government hereby appoints Shri H.R

Gupta, Deputy Chief Electoral Officer as the Deputy Director Panchayat Election, to assist

the Director of Panchayat Election in the performance of his duties and functions with imme-

diate effect.

By Order

M.P. PRADHAN, LA.

Chief Secretary,

Government of Sikkim.

____________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y _____________________________________________________________________________

No. 3 Gangtok, Wednesday January 5,1983. _____________________________________________________________________________________________



GANGTOK

No.35(2)81-82/NOT 1/RDD/P/4037. Dated Gangtok, the 1st January, 1983.

NOTIFICATION

In pursuance of section (1) of section 101 of the Sikkim Panchayat Act, 1982 (3 of

(1982) and rule 3 of the Sikkim Panchayat Election Rules, 1982, the State Government hereby

nominates Shri P.K. Pradhan I.A.S., Secretary Rural Development Department, Government

of Sikkim as the Director, Panchayat Elections with immediate effect.

M.P. PRADHAN, LAS.

Chief Secretary,


______________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY


No. 4 Gangtok, Wednesday January 5, 1983. _____________________________________________________________________________________________



GANGTOK

NOTIFICATION

Meno No. 35(8)RDD/82-83/P/NOT 3/4040. Dated Gangtok, the 4th January, 1983

In exercise of the powers conferred by sub-section (3) of section 1 of the Sikkim Pan-

chayat Act, 1982 (3 of 1982), the Government of Sikkim hereby appoints 3rd day of January

1983, as the day on which the provisions of the said Act except section 116 thereof shall come

into force in the whole of Sikkim except the areas comprised in Lachen and Lachung Blocks.

By Order.

P. K. PRADHAN, I.A.S.,

Secretary,

Rural Development Department.


____________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS

S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y _________________________________________________________________________________

No. 5 Gangtok, Monday January 10,1983. _________________________________________________________________________________________________



GANGTOK

NOTIFICATION

Dated Gangtok, the 10th January, 1983.

No. 128/7/82(l)-WHEREAS it has been decided to hold election in the State of

Sikkim for the purpose of constituting new Gram Panchayat;

NOW, THEREFORE, in pursuance of provisions contained in the sub-rule (2 )of rule

18 of the Sikkim Panchayat Election Rules, 1982, the State Government is hereby pleased as

recommendend by the Director of Panchayat Elections, to call upon all the Panchayat Wards in

the State to elect members in accordance with the provisions of the rules and orders made there-

under.

M. P. PRADHAN, I.A.S.

Chief Secretary,


________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY


No.5-A Gangtok, Friday January 7,1983. ______________________________________________________________________________________________



GANGTOK

NOTIFICATION


No. Elec. 128/8/82(1) — In exercise of the powers conferred by sub-section (2) of section

101 of the Sikkim Panchayat Act, 1982 (3 of 1982) and read with rule 6 of the Sikkim Panchaya

Election Rules, 1982, the Director of Panchayat Elections hereby designates the District Magis-

trate and District Collector of each district as the District Election Officer of the district.

By Order.

H. R. GUPTA,

Deputy Director of Panchayat Election

Deputy Chief Electoarl Officer,

Sikkim.


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ___________________________________________________________________________

No.5-B Gangtok, Friday January 7,1983. __________________________________________________________________________________________



GANGTOK

NOTIFICATION


No.Elec.128/8/82(2) — In exercise of the powers conferred by sub-section (2) of section 101 of

the Sikkim Panchayat Act, 1982 (3 of 1982) read with rule 7 of the Sikkim Panchayat Election

Rules,1982, the Director of Panchayat Elections hereby designates the officers of the Govern-

ment specified in column 2 of the table below as Returning Officer of the Gram Panchayat/

Ward in the State of Sikkim as specified in column1 of the said table against such officer of

the Government:-

TABLE

S.l. No. & name of

Gram Panchayat/ward

Returning Officer

1 2 EAST DISTRICT

1. WEST PENDAM

i. West Pendam Shri Tashi Topden,

District Collector, East.

2. CENTRAL PENDAM

i. Central Pendam (SMC area) -do-

ii. Sajong

3. EAST PENDAM

i. East Pendam -do-

ii. Kamere-Basme

iii. Pachak

4. SUMIN-LINGJEY

i. Lingjey -do-

ii. Sumin

iii. Mangthang -do-

2

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

5. NAMCHEYBONG

i. Namcheybong Shri Tashi Tobden,


6. PAKYONG

i. Karthok -do-

ii. Dikling

iii. Challamthang

7. PACHEYKHANI

i. Dikling Pacheykhani -do-

ii. Loosing

iii. Pacheykhani (Bengthang) (Rorathang Bazar)

8. AHO-YANGTHAM

i. Aho-Yangtham -do-

ii. Changey-Senti

iii. Pachey-Samsing

9. TAJA-AMBA

i. Taja -do-

ii. Amba

iii. Tarethang

10. L1NKEY-THEKABUNG

i. Linkey -do-

ii. Thekabung

iii. Biring

11. MACHONG

i. Machong -do-

ii. Rewa

iii. Parkha

12. LATUK-CHUCHENPHERY

i. Latuk -do-

ii. Chuchenperi

13. ROLEP-LAMATEN

i. Rolep -do-

ii. Lamaten

14. LINGTAM-PHADAMCHEN

i. Lingtam -do-

ii. Phadamchen

15. CHHUZACHEN

i. Chuzachen -do-

ii. (Rongli Bazar)

16. SUDUNGLAKHA

i. Sudunglakha Shri R.K. Uprety

ii. Muluke Deputy District Officer, East.

17. PREMLAKHA-SUBANEDARA

i. Premlakha -do-

ii. Subanedara

iii. Singanebas

3

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

18. REGU

i. North Regu Shri R.K. Uprety

ii. South Regu Deputy District Officer, East.

DALAPCHEN

i.Dalapchen -do-

ii.Changeylakha

19. ARITAR

i. Aritar -do-

20. RHENOCK-TARPIN

i. Rhenock Reshi -do-

(Rhenock Bazar)

ii. Tarpin

iii. Kyongsa

21. LINGJEY-CHOTA SINGTAM

i. Lingjey -do-

ii. Chota-Singtam

iii. Assam

22. NAITAM-NANDOK

i. Naitam -do-

ii. Nandok

23. TATHANGCHEN

i. Tathangchen -do-

ii. Rongnek

24. SYARI-SAMDUR

i. Syari -do-

ii. SaMdur

iii. Tadong (Tadong Bazar)

25. SUCHAKGANG

i. Suchakgang -do-

ii. Burtuk

26. LUWING-PARBING

i. Luwing -do-

ii. Parbing

27. RANKA

i. Ranka -do-

ii. Songtong

iii. Barbing

iv. Lingdum

28. RHE-MENDU

i. Reybrok -do-

ii. Tempyek-Mendu

29. RUMTEK

i. Sazong Shri K. T. Chankapa

ii. Rawtey-Rumtek Deputy Collector, East

iii. Chinge

4

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

31. SAMLIK-MARCHAK

i. Samlik Shri K. T. Chankapa,

ii. Namin Deputy Collector, East,

iii. Marchak

32. NAMLI

i. Namli -do-

ii. Tumlabong

iii. Chhuba

33. MARTAM

i. Martam -do-

ii. Nazitam

iii. Trikutam

34. RABDANG-CHALAMTHANG

i. Rabdang -do-

ii. Cballamthang

iii. Chisopani

iv. Sakyong

35. BYANG-PHEGYONG

i. Sirwani -do-

ii. Nageythang

iii. Byang

iv. Pegyong

36. KHAMDONG

i. Khamdong -do-

ii. Budhang-Thangsing

iii. Bengthang

37. DUNG-DUNG-ARITAR

i. Dung-Dung -do-

ii. Aritar

iii. Singbel

iv. Thasa

38. SIMIK-LINGJEY

i. Simik-Lingjey -do-

ii. Patuk

iii. Simik-Chandey

39. TUMIN

i. Tumin -do-

40. SAMDONG-KAMBEL

i. Samdong-Kambel -do-

ii. Rale-Khase

41. RAKDONG

i. Tintek -do-

ii. Rakdong

42. LINGDOK

i. Lingdok-Nampung

5

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

43. PENLONG

i.Navey Shri K. T. Chankapa,

ii. Shotak Deputy Collector, East.

iii. Penlong

44. GNATHANG

i. Gnathang -do-

WEST DISTRICT

1. KARCHI

i. Mangnam Shri Tej Gurung,

ii. Narkhola Assistant Engineer, S.P.W.D.

iii. Dhupidara

2. KONGRI-GANGYAP

i. Labdang -do-

ii. Kongri

iii. Gangyap

3. TASHIDING

i. Tashiding -do-

ii. Lasso iii. Chongrang

4. GERETHANG

i. Gerethang -do-

ii. Arithang

5. YOKSAM

i. Yoksam Shri G.M. Subba,

ii. Dubdi Revenue Officer, West.

iii. Lawing

6. THINGLING-KHECHOPHERI

i. Thingling-I -do-

ii. Thingling-II

iii. Ketchopheri

iv. Chojyo

7. MELLI

i. Melli -do-

ii. Melli-Aching

iii. Singlitam

8. SINGRAPONG

i. Singrapong -do-

ii. Tingbrong

iii. Topong

9. DARAP

i. Darap -do-

ii. Namboo

10. SINGYANG

i. Singyang -do-

ii. Singdarang

11. NAKO-CHUMBUNG

i. Naku -do-

ii. Chumbung

6

_______________________________________________________________________________________

1 2

_______________________________________________________________________________________ 12. YANGTEY

i. Yangtey Smt. R. Ongmu,

ii. Onglep Deputy District Magistrate,West

iii. Bhaluthang

13. GYALSHING-OMCHUNG

i. Gyalshing -do-

ii. Omchung

14. TIKJEK-YANGTHANG

i. Tikjek -do-

ii. Yangthang

iii. Kyongsa

15. LINGCHOM

i. Lingchom -do-

ii. Sardong

16. BONGTEN

i. Bongten Shri: H.R. Sharma,

ii. Sapong Divisional Engineer, West

iii. Lungjik

17. GYATEN-KARMATAR

i. Gyaten -do-

ii. Liching

iii. Srinagi

iv. Karmater

18. MANEYBONG-SOPAKHA

i. Maneybong -do-

ii. Sopakha

19. DENTAM

i. Dentam -do-

ii. Mangmoo

iii. Begna

20. SANKHU

i. Sankhu -do-

ii. Badhu-Khundu

21. HEE

i. Hee, Hee-Patal Shri J.R. Subba,

ii. Pacharak Deputy Director, Agriculture

82. BARMIOK-MARTAM

i. Barmiok -do-

ii. Martam

23. RINCHENPONG

i. Binchenpong -do-

ii. Tadong

24. BARMIOK

i. Barfok -do-

ii. Barthang

7

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

25. CHINTHANG

i. Chinthang Shri J.R. Subba,

ii. Miyong Deputy Director, Agriculture, West.

iii. Megyong

26. SANGDORJT

i. Sangdorji Shri D.P. Rai,

ii. Jeel District Forest Officer, West.

iii. Hathidunga

27. BOOM-RESHI

i. Boom Shri J.R. Subba,

ii. Reshi Deputty Director, Agriculture, West.

28. SAMDONG

i. Samdong -do-

ii. Sribadam A & B

29. DETHANG

i. Dethang -do-

ii. Parengoan

30. TAKUTHANG

i. Thankuthang Shri D.P. Rai,

ii. Ghuchen District Forest Officer, West.

31. SULDONG-KAMLING

i. Suldong -do-

ii. Kamling

iii. Tinjerbong

32. MABONG-SINGYENG

i. Mabong -do-

ii. Singyeng

33. KHANISIRBONG

i. Khanisirbong Shri B.P. Dhal,

ii. Suntoley District Information Officer, West.

34. SAMSING-GELLING

i. Samsing -do-

ii. Gelling

35. SAMDONG (CHOTA)

i. Samsing -do-

ii. Arubotey

36. CHAKUNG

i. Chakung -do-

ii. Mendugoan

37. CHUMBONG

i. Chumbong -do-

ii. Zoom

38. MALBASEY

i. Malbasey -do-

8

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

39. SOREONG

i. Soreong Shri B. P. Dhal,

(Soreong Bazar) District Information Officer,West

40. SINGLING

i. Singling -do-

41. TIMBERBONG

i. Timberbong -do-

ii. Tharpu

42. DODAK-BARIKHOP

i. Dodok-Barikhop -do-

ii. Kartok

43. RUMBUK

i. Rumbuk Shri D. B. Subba,

ii. Burikhop-Rumbuk District Education Officer, West

44. UPPER THAMBONG

i. Upper Thambong -do-

45. LOWER THAMBONG

i. Lower Thambong -do-

ii. Lower Daramdin

46. LUNGCHOK-SALLYNGDANG

i. Lungchok -do-

ii. Sallyng Dang

47. SIKTAM TIKPUR

i. Siktam -do-

ii. Tikpur

48. OKHREY

i. Okhrey -do-

ii. Ribdi

iii. Bhareng

SOUTH DISTRICT

1. LINGI-PAIYONG

i. Lingi Shri Sherab Bhutia,

ii. Sokpay Deputy District Magistrate, South

iii. Upper Paiyong

iv. L. Paiyong

v. Kahu

2. LINGMO-TOKDEY

i. Lingmo -do-

ii. Tokday

iii. Pepthang

iv. Kolthang

3. NEHBROM

i. Nehbrom -do-

ii. Manzing

4. YANGANG

i. Rangang -do-

ii. Yangang

iii. Gagyong

9

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

5. SRIPATAM-NAMPHOK

i. Satam Shri: Sherab Bhutia,

ii. Namphok Deputy District Magistrate, South.

iii. Sripatam

6. RABANG-SANGMO

i. Rabang -do-

ii. Sangmo

7. BARFONG-JORANG

i. Barfong -do-

ii. Zorang-Biring

iii. Deythang

8. BEN-NAMPHRIK

i. Ben -do-

ii. Namphrik

9. TARKU-TANAK

i. Tarku -do-

ii. Tanak

10. TEMI

i. Temi -do-

ii. Aifaltar

iii. Gangchung

11. NAMPHING-TOKEL

i. Daring Shri K.K. Pradhan,

ii. Tokel Revenue Officer, South.

iii. Namphing

iv. Rashep

v. Pabong

12. BERMIOK

i. Challamthang -do-

ii. Bermiok

iii. Thangsing

iv. Tokdey

13. RAMENG-NIZARMENG

i. Rameng -do-

ii. Nizarmeng

iii. Burul

14. PARBING

i. Parbing -do-

ii. Ghhuba

iii. Fong

15. KAREK-KABREY

i. Karek -do-

ii. Kabrey

16. NAGaI-MANEYDARA

i. Nagi -do-

ii. Maneydara

iii. Palitam

10.

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

17. PAMPHOK

i. Pamphok Shri K.K. Pradhan,

ii. Kating Bokrang Revenue Officer, South,

iii. Nalem Kolbung

18. TURUNG

i. Mamring -do-

ii. Donok

iii. Tuning

iv. Kanamtek

20. RATEYPANI

i. Rabikhola -do-

ii. Rateypani

iii. Passi

iv. Rabitar

v. Tanzi

vi. Bikmat

21. SADAM

i. Sadam -do-

ii. Sukbarey

22. SUNTALEY-PAIYONG

i. Suntalay -do-

ii. Paiyong

23. MELLIDARA

i. Mellidara Shri G.K. Subba,

ii. Kerabari District Collector, South

(Melli Bazar)

24. TURUK-RAMABUNG

i. Turuk -do-

ii. Ramabung

iii. Panchgharey

25. LUNGCHOK-KAMAREY

i. Lungchok -do-

ii. Kamarey

26. SUMBUK-KARTIKEY

i. Sumbuk -do-

ii. Kartikey

iii. Suntaley (Sumbuk)

27. RONG-BULL

i. Rong -do-

ii. Bull

iii. Palum

iv. Singtam

28. MANIRAM-PHALIDARA

i. Salleybong -do-

ii. Maniram

iii. Phalidara

29. S1NGITHANG

i. Boomtar -do-

ii. Singithang

iii. Kopchey

11

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

30. MAMLEY-KAMRANG

i. Kamrang Shri G.K. Subba,

ii.Tinzer District Collector, South.

iii. Mamley

iv. Gumpa-Gurpisey

v. Tingnithang

31. ASSANGTHANG

i. Assangthang -do-

ii. Sangbong

32. SALGHARI

i. Salghari -do-

ii. Dorop

iii. Dhargoan

33. POKLOK DENCHUNG

i. Tinek -do-

ii. Chisopani

iii. Polok

iv. Denchung

34. DAMTHANG

i. Damthang Shri Soman Pintso Wangdi,

ii. Chemchey Deputy District Magistrate, South,

iii. Jaubari iv. Deo

35. SORPOK SYAMPANI

i. Sorok -do-

ii. Syampani

iii. Gom

36. MIKKHOLA

i. Kitam -do-

ii. Manpur

iii. Mikkhola

37. WOK-OMCHU

i. Wok -do-

ii. Omchu

iii. Chumlok

iv. Pabong

v. Pazer

38. TINKITAM-SANGNATH

i. Tinkitam -do-

ii. Sangnath

39. RAYONG

i.Rayong -do-

ii.Lamaten

iii.Tongmo

40. KEWZING-BAKHIM

i. Bakhim -do-

ii. Kewzing

iii. Mangbrue

iv.Dalep

12

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

41. LEGSHEP-HINGDAM

i. Hingdam Shri Soman Pintso Wangdi

ii. Legshep Deputy District Magistrate,South

iii. Lingzo

42. RALONG-NAMLUNG

i. Ralong -do-

ii. Lingding

iii. Namlung

43. BRONG

i. Polot -do-

ii. Brong

44. SADA-PHAMTAM

i. Sada -do-

ii. Phamtam

NORTH DISTRICT

1. TUNG-NAGA

i. Tung Shri T. W. Barphugpa,

ii. Naganamgor District Collector, North,

iii. Meyong

iv. Singchit-Sentam

2. SHIP-GYER

i. Ship-Gyer -do-

(Ramam)

3. RINGIM-NAMPATAM

i. Kazor -do-

ii. Pakshep

iii. Singhik

iv. Ringim

v. Nampatam-Zimchung

4. BERFOK-LINGDONG

i. Berfok -do-

ii. Lingdong

5. LINGTHEM-LINGDEM

i. Lingthem-Lingdem -do-

ii. Salem Pakyal

6. TINGBONG

i. Tingbong -do-

7. SAKYONG-PENTONG

i. Sakyong-Pentong -do-

ii. Lingzya-Tolung

8. LUM-GOR-SANGTOK

i. Lum -do-

ii. Gor

iii. Sangtok

9. HEE-GYATHANG

i. Gnon-Sangdong

ii. Hee-Gyathang

13

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

10. CHUNGTHANG

i. Chungthang Shri T. W. Barphugpa,

District Collector, North.

11. NAMOK-SAYAM

i. Namok -do-

ii. Sayam

iii. Tanyek

12. TINGCHIM-MANGSHILA

i. Upper Mangshila & -do-

ii. Lower Mangshila iii. Tingchim

13. RAMTHANG-RONGONG

i. Rongong -do-

ii. Ramthang

iii. Phodong

iv. Tumlong

14. PHENSANG

i. Phensang -do-

ii. Labi iii. Phaney

15. MENRONGONG

i. Menrongong -do-

ii. Pharatham

iii. Chawang

16. KABI-TINGDA

i. Kabi-Tinda -do-

17. LACHEN

i. Lachen -do-

18. LACHUNG

i. Lachung -do-

___________________________________________________________________________________________________________

By Order,

H. R.GUPTA,

Deputy Director of Panchayat Elections

& Deputy Chief Electoral Officer,

Sikkim.

___________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ______________________________________________________________________________________

No.5-B Gangtok, Friday January 7,1983.

______________________________________________________________________________________



GANGTOK

NOTIFICATION


No.Elec. 128/8/82(2) — In exercise of the powers conferred by sub-section (2) of section 101 of

Sikkim Panchayat Act, 1982 (3 of 1982) read with rule 7 of the Sikkim Panchayat Election

Rules,1982. the Director of Panchayat Elections hereby designates the officers of the Govern-

ment specified in column 2 of the table below as Returning Officer of the Gram Panchayat/

Ward in the State of Sikkim as specified in column 1 of the said table against such officer of

the Govermment:—

TABLE

No.& name of

Gram Panchayat/Ward

Returning Officer

1 2

EAST DISTRICT

1. WEST PENDAM

i. West PendaM Shri Tashi Topden,


2. CENTRAL PENDAM

i. Central Pendam (SMC area) -do-

i. Sajong

3. EAST PENDAM

i. East Pendam -do-

ii. Kamere-Basme

iii. Pachak

4. SUMIN-LINGJEY

i. Lingjey -do-

ii. Sumin

iii. Mangthang

2

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1 2

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5. NAMCHEYBONG

i. Namcheybong Shri Tashi Tobden,


6. PAKYONG

i. Karthok -do-

ii. Dikling

iii. Challamthang

7. PACHEYKHANI

i. Dikling Pacheykhani -do-

ii. Loosing

iii. Pacheykhani

(Bengthang)

(Rorathang Bazar)

8. AHO-YANGTHAM

i. Aho-Yangtham -do-

ii. Changey-Senti

iii. Pachey-Samsing

9. TAJA-AMBA

i. Taja -do-

ii. Amba

iii. Tarethang

10. L1NKEY-THEKABUNG

i. Linkey -do-

ii. Thekabung iii. Biring

11. MACHONG

i. Machong -do-

ii. Rewa iii. Parkha

12. LATUK-CHUCHENPHERY

i. Latuk -do-

ii. Chuchenperi

13. ROLEP-LAMATEN

i. Rolep -do-

ii. Lamaten

14. LJNGTAM-PHADAMCHEN

i. Lingtam -do-

ii. Phadamchen

15. CHHUZACHEN

i. Chuzachen -do-

ii. (Rongli Bazar)

16. SUDUNGLAKHA

i. Sudunglakha Shri R.K. Uprety

ii. Muluke Deputy District Officer,East.


i. Premlakha -do-

ii. Subanedara

iii. Singanebas

3

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1 2

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18. REGU

i. North Regu Shri R.K. Uprety

ii. South Regu Deputy District Officer, East.

19. DALAPCHEN

i. Dalapchen -do-

ii. Changeylakha

20. ARITAR

i. Aritar -do-

21. RHENOCK-TARPIN

i. Rhenock Reshi -do-

ii. (Rhenock Bazar)

iii. Tarpin

iv. Kyongsa

22. LINGJEY-CHOTA SINGTAM

i. Lingjey -do-

ii. Chota-Singtam

iii. Assam

23. NAITAM-NANDOK

i. Naitam -do-

ii. Nandok

24. TATHANGCHEN

i. Tathangchen -do-

ii. Rongnek

25. SYARI-SAMDUR

i. Syari -do-

ii. Samdur

iii. Tadong{Tadong Bazar)

26. SUCHAKGANG

i. Suchakgang -do-

ii. Burtuk

27. LUING-PARBING

i. Luwing -do-

ii. Parbing

28. RANKA

i. Ranka -do-

ii. Songtong

iii. Barbing

iv. Lingdum

29. RHE-MENDU

i. Reybrok -do-

ii. Tempyek-Mendu

30. RUMTEK

i. Sazong Shri K. T. Chankapa

ii. Rawtey-Rumtek Deputy Collector East,

iii. Chinge

4

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1 2

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31. SAMLIK-MARCHAK

i. Samlik Shri K. T. Chankapa,

ii. Namin Deputy Collector, East,

iii. Marchak

32. NAMLI

i. Namli -do-

ii. Tumlabong

iii. Chhuba

33. MARTAM

i. Martara -do-

ii. Nazitam

iii. Trikutam

34. RABDANG-CHALAMTHANG

i. Rabdang -do-

ii. Challamthang

iii. Chisopani

iv. Sakyong

35. BYANG-PHEGYONG

i. Sirwani -do-

ii. Nageythang

iii. Byang

iv. Pegyong

36. KHAMDONG

i. Khamdong -do-

ii. Budhang-Thangsing

iii. Bengthang

37. DUNG-DUNG-ARITAR

i. Dung-Dung -do-

ii. Aritar

iii. Singbel

iv. Thasa

38. SIMIK-LINGJEY

i. Simik-Lingjey -do-

ii. Patuk

iii. Simik-Chandey

39. TUMIN

i. Tumin -do-

40. SAMDONG-KAMBEL

i. Samdong-Kambel -do-

ii. Rale-Khase

41. RAKDONG

i. Tintek -do-

ii. Rakdong

42. LINGDOK

i. Lingdok-Nampung -do-

5

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43. PENLONG

i. Navey Shri K. T. Chankapa,

ii. Shotak Deputy Collector, East.

iii. Penlong

44. GNATHANG

i. Gnathang -do-

WEST DISTRICT

45. KARCHI

i.Mangnam Shri Tej Gurung,

ii. Narkhola Assistant Engineer, S.P.W.D

iii. Dhupidara

46. KONGRI-GANGYAP

i. Labdang -do-

ii. Kongri

iii. Gangyap

47. TASHIDING

i. Tashiding -do-

ii. Lasso

iii. Chongrang

48. GERETHANG

i. Gerethang -do-

ii. Arithang

49. YOKSAM

i. Yoksam Shri G.M. Subba,

ii. Dubdi Revenue Officer, West.

iii. Lawing

50. THINGLING-KHECHOPHERI

i. Thingling-I -do-

ii. Thingling-II

iii. Ketchopheri

iv. Chojyo

51. MELLI

i. Melli -do-

ii. Melli-Aching

iii. Singlitam

52. SINGRAPONG

i. Singrapong -do-

ii. Tingbrong

iii. Topong

53. DARAP

i. Darap -do-

ii. Namboo

54. SINGYANG

i. Singyang -do-

ii. Singdarang

55. NAKO-CHUMBUNG

i. Naku -do-

ii. Chumbung

6

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1 2

__________________________________________________________________________________________________________

12. YANGTEY

i. Yangtey Smt. R. Ongmu,

ii. Onglep Deputy District Magistrate,West

iii. Bhaluthang

13. GYALSHING-OMCHUNG

i. Gyalshing -do-

ii. Omchung


i. Tikjek -do-

ii. Yangthang

iii. Kyongsa

15. LINGCHOM

i. Lingchom -do-

ii. Sardong

16. BONGTEN

i. Bongten Shri: H.R. Sharma,

ii. Sapong Divisional Engineer, West

iii. Lungjik

17. GYATEN-KARMATAR

i. Gyaten -do-

ii. Liching

iii. Srinagi

iv. Karmater

18. MANEYBONG-SOPAKHA

i. Maneybong -do-

ii. Sopakha

19. DENTAM

i. Dentarn -do-

ii. Mangmoo

iii. Begna

20. SANKHU

i. Sankhu -do-

ii. Badhu-Khundu

21. HEE

i. Hee,Hee-Patal Shri J.R. Subba,

ii. Pacharak Deputy Director, Agriculture,West

22. BARMIOK-MARTAM

i. Barmiok -do-

ii. Martam

23. RINCHENPONG

i. Binchenpong -do-

ii. Tadong

24. BARMIOK

i. Barfok -do-

ii. Barthang

7

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________________________________________________________________________________________________________

25. CHINTHANG

i. Chinthang Shri J.R. Subba,

ii. Miyong Deputy Director, Agriculture, West.

iii. Megyong

26. SANGDORJI

i. Sangdorji Shri D.P. Rai,

ii. Jeel District Forest Officer, West.

iii. Hathidunga

27. BOOM-RESHI

i. Boom Shri J.R. Subba,

ii. Reshi Deputty Director, Agriculture, West.

28. SAMDONG

i. Samdong -do-

ii. Sribadam A & B

29. DETHANG

i. Dethang -do-

ii. Parengoan

30. TAKUTHANG

i. Thankuthang Shri D.P. Rai,

ii. Chuchen District Forest Officer, West.

31. SULDONG-KAMLING

i. Suldong -do-

ii. Kamling

iii. Tinjerbong

32. MABONG-SINGYENG

i. Mabong -do-

ii. Singyeng

33. KHANISIRBONG

i. Khanisirbong Shri B.P. Dhal,

ii. Suntoley District Information Officer, West.

34. SAMSING-GELLING

i. Samsing -do-

ii. Gelling

35. SAMDONG (CHOTA)

i. Samsing -do-

ii. Arubotey

36. CHAKUNG

i. Chakung -do-

ii. Mendugoan

37. CHUMBONG

i. Chumbong -do-

ii. Zoom

38. MALBASEY

i. Malbasey -do-

8

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39. SOREONG

i. Soreong Shri B. P. Dhal,

(Soreong Bazar) District Information Officer, West

40. SINGLING

i. Singling -do-

41. TIMBERBONG

i. Timber bong -do-

ii. Tharpu

42. DODAK-BARIKHOP

i. Dodok-Barikhop -do-

ii. Kartok

43. RUMBUK

i. Rumbuk Shri D. B. Subba,

ii. Burikhop-Rumbuk District Education Officer, West

44. UPPER THAMBONG

i. Upper Thambong -do-

45. LOWER THAMBONG

i. Lower Thambong -do-

ii. Lower Daramdin


i. Lungchok -do-

ii. Sallyng Dang

47. SIKTAM TIKPUR

i. Siktam -do-

ii. Tikpur

48. OKHREY

i. Okhrey -do-

ii. Ribdi

iii. Bhareng

SOUTH DISTRICT

1. LINGI-PAIYONG

i. Lingi Shri Sherab Bhutia,

ii. Sokpay Deputy District Magistrate,South

iii. Upper Paiyong

iv. L. Paiyong

v. Kahu

2. LINGMO-TOKDEY

i. Lingmo -do-

ii. Tokday

iii. Pepthang

iv. Kolthang

3. NEHBROM

i. Nehbrom -do-

ii. Manzing

4. YANGANG

i. Rangang -do-

9

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5. SRIPATAM-NAMPHOK.

i. Satam Shri: Sherab Bhutia,

ii. Namphok Deputy District Magistrate, South.

iii. Sripatam

6. RABANG-SANGMO

i. Rabang -do-

ii. Sangmo

7. BARFONG-JORANG

i. Barfong -do-

ii. Zorang-Biring

iii. Deythang

8. BEN-NAMPHRIK

i. Ben -do-

ii. Namphrik

9. TARKU-TANAK

i. Tarku -do-

ii. Tanak

10. TEMI

i. Temi -do-

ii. Aifaltar

iii. Gangchung

11. NAMPHING-TOKEL

i. Daring Shri K.K. Pradhan,

ii. Tokel Revenue Officer, South.

iii. Namphing

iv. Rashep

v. Pabong

12. BERMIOK

i. Chalkmthang -do-

ii. Bermiok

iii. Thangsing

iv. Tokdey

13. RAMENG-NIZARMENG

i. Rameng -do-

ii. Nizarmeng

iii. Baurul

14. PARSING

i.. Parbing -do-

ii. Chhuba

iii. Fong

15. KAREK-KABREY

i. Karek -do-

ii. Kabrey

16. NAGI-MANEYDARA

i.Nagi -do-

ii. Maneydara

iii. Palitam

10

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17. PAMPHOK

i. Pamphok Shri K.K. Pradhan,

ii. Kating Bokrang Revenue Officer, South,

iii. Nalem Kolbung

18. TURUNG

i. Mamring -do-

ii. Donok

iii. Turung

iv. Kanamtek

19. RATEYPANI

i. Rabikhola -do-

ii. Rateypani

iii. Passi

iv. Rabitar

v. Tanzi

vi. Bikmat

20. SADAM

i. Sadam -do-

ii. Sukbarey

21. SUNTALEY-PAIYONG

i. Suntalay -do-

ii. Paiyong

22. MELLIDARA

i. Mellidara Shri G.K. Subba,

ii. Kerabari District Collector, South

(Melli Bazar)

23. TURUK-RAMABUNG

i. Turuk -do-

ii. Ramabung

iii. Panchgharey

24. LUNGCHOK-KAMAREY

i. Lungchok -do-

ii. Kamarey

25. SUMBUK-KARTIKEY

i. Sumbuk -do-

ii. Kartikey iii. Suntaley (Sumbuk)

26. RONG-BULL

i. Rong -do-

ii. Bull

iii. Palum

iv. Singtam

27. MANIRAM-PHALIDARA

i. Salleybong -do-

ii. Maniram iii. Phalidara

28. SINGITHANG

i. Boomtar -do-

ii. Singithang

iii. Kopchey

11

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30. MAMLEY-KAMRANG

i. Kamrang Shri, G.K. Subba,

ii. Tinzer District Collector, South.

iii. Mamley

iv. Gumpa-Gurpisey

iv. Tingnithang

31. ASSANGTHANG

i. Assangthang -do-

ii. Sangbong

32. SALGHARI

i. Salghari -do-

ii. Dorop

iii. Dhargoan

33. POKLOK DENCHUNG

i. Tinek -do-

ii. Chisopani

iii. Poklok

iv. Denchung

34. DAMTHANG

i. Damthang Shri Soman Pintso Wangdi,

ii. Chemchey Deputy District Magistrate, South.

iii. Jaubari iv. Deo

35. SORPOK SYAMPANI

i. Sorok -do-

ii. Syampani

iii. Gom

36. MIKKHOLA

i. Kitam -do-

ii. Manpur

iii. Mikkhola

37. WOK-OMCHU

i. Wok -do-

ii. Omchu

iii. Chumlok

iv. Pabong

v. Pazer

38. TINKITAM-SANGNATH

i. Tinkitam -do-

ii. Sangnath

39. RAYONG

i. Rayong -do-

ii. Lamaten

iii. Tingmo

40. KEWZING-BAKHIM

i. Bakhim -do-

ii. Kewzing

iii. Mangbrue

iv. Dalep

12

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41. LEGSHEP-HINGDAM

i. Hingdam Shri Soman Pintso Wangdi,

ii. Legshep Deputy District Magistrate, South

iii. Lingzo

42. RALONG-NAMLUNG

i. Ralong -do-

ii. Lingding

iii. Namlung

43. BRONG

i. Polot -do-

ii. Brong

44. SADA-PHAMTAM

i. Sada -do-

ii. Phamtam

NORTH DISTRICT

1. TUNG-NAGA


ii. Naganamgor District Collector, North.

iii. Meyong

iv. Singchit-Sentam

2. SHIP-GYER

i. Ship-Gyer -do-

(Ramam)

3. RINGIM-NAMPATAM

i. Kazor -do-

ii. Pakshep

iii. Singhik

iv. Ringim


4. BERFOK-LINGDONG

i. Berfok -do-

ii. Lingdong

5. LINGTHEM-LINGDEM


ii. Salem Pakyal

6. TINGBONG

i. Tingbong -do-

7. SAKYONG-PENTONG


ii. Lingzya-Tolung

8. LUM-GOR-SANGTOK

i. Lum -do-

ii. Gor

iii. Sangtok

9. HEE-GYATHANG

i. Gnon-Sangdong -do-

ii. Hee-Gyathang

13

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1 2

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41. LEGSHEP-HINGDAM

i. Hingdam Shri Soman Pintso Wangdi,

ii. Legshep Deputy District Magistrate, South

iii. Lingzo

42. RALONG-NAMLUNG

i. Ralong -do-

ii. Lingding

iii. Namlung

43. BRONG

i. Polot -do-

ii. Brong

44. SADA-PHAMTAM

i. Sada -do-

ii. Phamtam

NORTH DISTRICT

1. TUNG-NAGA


ii. Naganamgor District Collector, North.

iii. Meyong

iv. Singchit-Sentam

2. SHIP-GYER

i. Ship-Gyer -do-

(Ramam)

3. RINGIM-NAMPATAM

i. Kazor -do-

ii. Pakshep

iii. Singhik

iv. Ringim


4. BERFOK-LINGDONG

i. Berfok -do-

ii. Lingdong

5. LINGTHEM-LINGDEM


ii. Salem Pakyal

6. TINGBONG

i. Tingbong -do-

7. SAKYONG-PENTONG


ii. Lingzya-Tolung

8. LUM-GOR-SANGTOK

i. Lum -do-

ii. Gor

iii. Sangtok

9. HEE-GYATHANG

i. Gnon-Sangdong -do-

ii. Hee-Gyathang

13.

___________________________________________________________________________________________________________

1 2

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10. CHUNGTHANG

i. Chungthang Shri T. W. Barphugpa,

District Collector, North.

11. NAMOK-SAYAM

i. Namok -do-

ii. Sayam

iii. Tanyek

12. TINGCHIM-MANGSHTLA

i. Upper Mangshila & -do-

ii. Lower Mangshila

iii. Tingchim

13. RAMTHANG-RONGONG

i. Rongong -do-

ii. Ramthang

iii. Phodong

iv. Tumlong

14. PHENSANG

i. Phensang -do-

ii. Labi

iii. Phaney

15. MENRONGONG

i. Menrongong -do-

ii. Phamtham

iii. Chawang

16. KABI-TINGDA

i. Kabi-Tinda -do-

17. LACHEN

i. Lachen -do-

18. LACHUNG

i. Lachung -do-

____________________________________________________________________________________________________________

By Order,

H. R. GUPTA,



Sikkim.

______________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y

_____________________________________________________________________________

No. 5-C Gangtok, Friday January 7,1983.

_____________________________________________________________________________________________



GANGTOK

NOTIFICATION


No. Elec. 128/8/82(3) - In exercise of the powers conferred by sub-section (2) of Section 101

of the Sikkim Panchayat Act, 1982 (3 of 1982) read with rule 8 of the Sikkim Panchayat Election Rules, 1982,

the Director of Panchayat Elections hereby appoints each of the officers of the Government as specified in column

2 of the table below to assist the Returning Officer of the Gram Panchayat/Ward in the State of Sikkim as spe-

cified column 1 of the said Table against such officer of the Government in the performance of the functions

of such Returning Officer.

TABLE

Returning Officer

Assistant Returning Officer

1 2

EAST DISTRICT

Returning Officer for Shri Sonam Dorji,

West Pendam Gram Panchayat Deputy Collector (East)


Central Pendam Gram Panchayat Deputy Collector (East)


East Pendam Gram Panchayat Deputy Collector (East)


Sumin Lingzey Gram Panchayat Deputy Collector (East)


Namcheybong Gram Panchayat Deputy Collector (East)


Pakyong Gram Panchayat Deputy Collector (East)


Pacheykhani Gram Panchayat Deputy Collector (East)

2

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Aho-Yangtam Gram Panchayat Deputy Collector (East)


Taza-Amba Gram Panchayat Deputy Collector (East)


Linke-Thekabong, Gram Panchayat Deputy Collector (East)


Machong Gram Panchayat Deputy Collector (East)


Latuk-Chuchenperi Gram Panchyat Deputy Collector (East)


Rolep-Lamaten Gram Panchayat Deputy Collector (East)


Lingtam-Phadamchen Gram Panchayat Deputy Collector (East)


Chujachen Gram Panchayat Deputy Collector (East)

Returning Officer for Shri P. Shrestha,

Sunglakha Gram Panchayat Assistant Engineer (East)


Premlakha-Subanedara Gram Panchayat Assistant Engineer (East)


Rigu Gram Panchayat Assistant Engineer (East)


Dalapchen Gram Panchayat Assistant Engineer (East)


Aritar Gram Panchayat Assistant Engineer (East)


Rhenock-Tarpin Gram Panchayat Assistant Engineer (East)


Linzey-Chota Singtam Gram Panchayat Assistant Engineer (East)


Naitam-Nandok Gram Panchayat Assistant Engineer (East)


Tathangchen Gram Panchayat Assistant Engineer (East)


Syari-Samdur Gram Panchayat Assistant Engineer (East)


Suchagang Gram Panchayat Assistant Engineer (East)


Luing-Perbing Gram Panchayat Assistant Engineer (East)


Ranka Gram Panchayat Assistant Engineer (East)

Returning Officer for Shri P.Shrestha,

Rhe- Mendu Gram Panchayat Assistant Engineer (East)

Returning Officer for Shri S. Wangdi,

Rumtek Gram Panchayat Revenue Officer (East)

3

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Samlik-Marchak Gram Panchayat Revenue Officer (East)


Namli Gram Panchayat Revenue Officer (East)


Martam Gram Panchayat Revenue Officer (East)


Rapdang-Challamthang Gram Panchayat Revenue Officer (East)


Byang-Pegyong Gram Panchayat Revenue Officer (East)


Khamdong Gram Panchayat Revenue Officer (East)


Dung-Dung Aritar Gram Panchayat Revenue Officer (East)


Simik-Lingzey Gram Panchayat Revenue Officer (East)


Tumin Gram Panchayat Revenue Officer (East)


Samdong-Kambel Gram Panchayat Revenue Officer (East)


Rakdong Gram Panchayat Revenue Officer (East)


Lingdok Gram Panchayat Revenue Officer (East)


Penlong Gram Panchayat Revenue Officer (East)


Gnathang Gram Panchayat Revenue Officer (East)

WEST DISTRICT

Returning Officer for Shri B.M. Subba,

Karchi Gram Panchayat Plant Protection Officer, West


Kongri-Gangyap Gram Panchayat Plant Protection Officer, West


Tashiding Gram Panchayat Plant Protection Officer, West


Gerethang Gram Panchayat Plant Protection Officer,West

Returning Officer for Shri LP. Kheral,

Yoksam Gram Panchayat Assistant Engineer,

Rural Development Department

Returning Officer for Shri I.P. Kheral,

Thingling-Khechopheri Assistant Engineer,

Gram Panchayat Rural Development Department


Melli Gram Panchayat Assistant Engineer,


4

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Singrapong Gram Panchayat Assistant Engineer,


Returning Officer for Shri L.P. Kheral,

Darap Gram Panchayat Assistant Engineer,



Singyang Gram Panchayat Assistant Engineer,


Returning Officer for Shri I.P.Kheral,

Nako-Chumbung Gram Panchayat Assistant Engineer,


Returning Officer for Shri P. Bhandari,

Yangtey Gram Panchayat Manager, Tourist Lodge


Gyalshing -Omchung Manager, Tourist Lodge

Gram Panchayat


Tinkyek-Yangthang Manager, Tourist Lodge

Gram Panchayat


Lingchom Gram Panchayat Manager, Tourist Lodge

Returning Officer for Shri K.P.S. Pillai,

Bongten Gram Panchayat Assistant Engineer, (Bldg.)


Gyaten-Karmatar Gram Panchayat Assistant Engineer, (Bldg.)


Maneybong-Sopakha Assistant Engineer, (Bldg)

Gram Panchayat


Dentam Gram Panchayat Assistant Engineer, (Bldg.)


Sankhu Gram Panchayat Assistant Engineer, (Bldg.)

Retutning Officer for Shri T.P. Rajalim,

Hee Gram Panchayat Assistant Engineer, (Roads)

Returning Officer for Shri T.P. Rajalim,

Barmiok Martam Gram Panchayat Assistant Engineer, (Roads)


Richenpong Gram Panchayat Assistant Engineer, (Roads)


Barfok Gram Panchayat Assistant Engineer (Roads)


Chinthang Gram Panchayat Assistant Engineer, (Roads)

Returning Officer for Shri P.B. Lama,

Sangdorji Gram Panchayat Assistant Conservator of Forest


Boom-Reshi Gram Panchayat Assistant Engineer, (Roads)

5

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1 2

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Samdong Garm Panchayat Assistant Engineer, (Roads)


Dethang Gram Panchayat Assistant Engineer, (Roads)


Takuthang Gram Panchayat Assistant Conservator of

Forests


Suldong-Kamling Gram Panchayat Assistant Conservator of Forests


Mabong-Singyen Gram Panchayat Assistant Conservator of Forests .

Returning Officer for Shri H.L. Ram,

Khanisirbong Gram Panchayat Assistant Engineer,


Retruning Officer for Shri H.L. Ram,

Samsing Gelling Assistant Engineer,



Samdong (Chota) Gram Panchayat Assistant Engineer,



Chakung Gram Panchayat Assistant Engineer,



Chumbong Gram Panchayat Assistant Engineer,



Malbasey Gram Panchayat Assistant Engineer,



Soreng Gram Panchayat Assistant Engineer


Returning Officer for Shri H.L. Ran,

Singling Gram Panchayat Assistant Engineer,



Timberbong Gram Panchayat Assistant Engineer, Rural Development Department


Dodak Barikkhop Assistant Engineer,


Returning Officer for Shri Sudhir Jang Lucksom,

Rumbuk Gram Panchayat Assistant Conservator of Forests (Soil)


Upper Thambong Gram Panchayat Assistant Conservator of Forests (Soil)


Lower Thambong Gram Panchayat Assistant Conservator of Forests (Soil)


Lungchok-Sallyng Dang Gram Panchayat Assistant Conservator of Forests (Soil)

6

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Siktam Tikpur Gram Panchayat Assistant Conservator of Forests (Soil)


Okhrey Gram Panchayat Assistant Conservator of Forests (Soil)

NORTH DISTRICT

Returning Officer for Shri H. Thanga,

Tung-Naga Gram Panchayat District Development Officer


Ship-Gyer (Ramam) Gram Panchayat District Development Officer


Ringim-Nampatam Gram Panchayat District Development Officer


Berfok-Lingdong Gram Panchayat District Development Officer


Lingthem-Lingdem Gram Panchayat District Development Officer


Tingbong Gram Panchayat District Development Officer


Sakyong-Pentong Gram Panchayat District Development Officer


Lum-Gor-Sangtok Gram Panchayat District Development Officer


Hee-Gyathang Gram Panchayat District Development Officer

Returning Officer for Shri Hasta Bahadur Rai,

Chungthang Gram Panchayat Deputy District Magistrate


Namok-Sayam Gram Panchayat Deputy District Magistrate


Tingchim-Mangshila Gram Panchayat Deputy District Magistrate


Ramthang-Rongong Gram Panchayat Deputy District Magistrate


Phensang Gram Panchayat Deputy District Magistrate


Menrongong Gram Panchayat Deputy District Magistrate


Kabi-Tingda Gram Panchayat Deputy District Magistrate


Lachen Gram Panchayat Deputy District Magistrate


Lachung Gram Panchayat Deputy District Magistrate

SOUTH DISTRICT

Returning Officer for Shri D.B. Rai,

Lingi-Paiyong Gram Panchayat Assistant Engineer,


7

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1 2

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Returning Officer for Shri D. B. Rai,

Lingmo- Gram Panchayat Assistant Engineer,



Niya Brum Gram Panchayat Assistant Engineer,



Yangang Gram Panchayat Assistant Engineer,



Sripatam-Namphok Gram Panchayat Assistant Engineer,



Rabang-Sangmo Gram Panchayat Assistant Engineer,



Berfung-Zarong Gram Panchayat Assistant Engineer,



Ben-Namprik Gram Panchayat Assistant Engineer,



Tarku-Tanak Gram Panchayat Assistant Engineer,



Temi Gram Panchayat Assistant Engineer,


Returning Officer for Shri Trilochan Sharma,

Namphing-Tokal Gram Panchayat Revenue Inspector,

Land Revenue Department


Bermiock Gram Panchayat Revenue Inspector,



Rameng-Nizrameng Gram Panchayat Revenue Inspector,



Perbing Gram Panchayat Revenue Inspector,



Karek-Kabrey Gram Panchayat Revenue Inspector,



Nagi-Maneydara Gram Panchayat Revenue Inspector,



Pamphok Gram Panchayat Revenue Inspector,



Turung Gram Panchayat Revenue Inspector,


8

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1 2

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Rateypani Gram Panchayat Revenue Inspector,



Sadam Gram Panchayat Revenue Inspector,



Suntaley-Paiyong Gram Panchayat Revenue Inspector,


Returning Officer for Shri P.B. Rai,

Mellidara Gram Panchayat Assistant Registrar,

Co-operative Society

Returning Officer for Shri P. B. Rai,

Turuk-Ramabong Gram Panchayat Assistant Registrar,



Lungchok-Kamery Gram Panchayat Assistant Registrar,



Sumbuk-Kartikay Gram Panchayat Assistant Registrar,



Rong Bull Gram Panchayat Assistant Registrar,



Maniram-Phalidara Gram Panchayat Assistant Registrar,



Singithang Gram Panchayat Assistant Registrar,



Mamley-Kamrang Gram Panchayat Assistant Registrar,



Assangthang Gram Panchayat Assistant Registrar,



Salghari Gram Panchayat Assistant Registrar,



Poklok-Denchung Gram Panchayat Assistant Registrar,


Returning Officer for Shri A.B. Gurung,

Damthang Gram Panchayat Assistant Education Officer


Sorok-Syampani Gram Panchayat Assistant Education Officer


Mikkhola Gram Panchayat Assistant Education Officer


Wok-Omchu Gram Panchayat Assistant Education Officer

9

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1 2

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Tinkitam-Sangnath Gram Panchayat Assistant Education Officer


Rayong Gram Panchayat Assistant Education Officer


Kewzing-Bahkim Gram Panchayat Assistant Education Officer


Legsip Hingdam Gram Panchayat Assistant Education Officer


Ralang-Namlung Gram Panchayat Assistant Education Officer


Brong Gram Panchayat Assistant Education Officer


Sada-Phamtam Gram Panchayat Assistant Education Officer

By Order,

H. R. GUPTA,



Sikkim.

___________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y _______________________________________________________________________________

No. 6 Gangtok, Monday January 10, 1983 ________________________________________________________________________________________________



GANGTOK

NOTIFICATION


No. 128/7/82(2)-WHEREAS the State Government of Sikkim has, by notification under-

sub-rule (2) of rule 18 of the Sikkim Panchayat Election Rules, 1982 published in the official

gazette of State Government of Sikkim, dated 10th January, 1983 calling upon all the Panchayat

wards in the State to elect members for the purpose of constituting a new Gram Panchayat;

AND NOW, therefore, in pursuance of the provisions of rule 14 of the Sikkim Pan-

chayat Election Rules, 1982,1 the undersigned, hereby appoint with respect to the said elections

(a) 17th January, 1983 (Monday) — as the last date for making nominations;

(b) 18th January, 1983 (Tuesday) — as the date for scrutiny of nominations;

(c) 20th January, 1983 (Thursday) — as the last date for withdrawal of candidature;

(d) 17th February,1983 (Thursday) — as the date on which a poll shall, if necessary,

be taken; and

(e) 21st February, 1983 (Monday) — as the date before which the elections

shall be completed.

By Order.

P.K. PRADHAN, I.A.S.,

Director of Panchayat Elections, and

Secretary, Rural Development Department

GovernmentofSikkim.

___________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS

S I K K I M


EXTRAORDINARY


_______________________________________________________________________________

No. 7 Gangtok, Saturday January 10, 1983. _______________________________________________________________________________________________



GANGTOK

NOTIFICATION

Dated, Gangtok the 10th January, 1983.

No. 128/7/82(3) IN PURSUANCE of rule 16 of the Sikkim Panchayat Election

Rules, 1982, I, the undersigned, hereby fix the hours from 8.00 AM to 4. 00 PM as the hours

State of Sikkim to be held on pursuance of State Government notification published in the

official gazette of the State on the 10th

January, 1983.

P. K. PRADHAN, I.A.S,

Director of Panchayat Elections, and

Secretary, Rural Development Department.


__________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS

S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y _______________________________________________________________________________

No. 7-A Gangtok, Saturday January 22,1983. _______________________________________________________________________________________________



NOTIFICATION

Dated, Gangtok the 22 nd January,1983

No.128/14/82-In pursuance of the provisions contained in sub-rule(2)of rule 38 of the Sikkim Panchayat

Election Rule, 2982, the following candidates have been declared elected uncontested from the Gram Panchayat

wards shown against them-

No. Name of the Gram Panchayat/Ward

Name of candidates

Address

1 2 3

1. Karchi

i. Narkhola 1. Nak Tshering Lepcha Narkhola

2. Til Bahadur Manger -do-

ii. Duphidara 1. Dhan Bahadur Subba Duphiddara

2. Kesher Bahadur Manger -do-

2. KONGRI-GANGYAP

i. Gangyap 1. Ley Tshering Lepcha Gangyap

2. Leyzeng Lepcha -do-

5. YOKSAM

i. Labing-Dubdi 1. Hem Lal Limboo Labing Dubdi

2. Kuwa Singh Limboo -do-

ii. Yoksum 1. Balman Subba Yoksam

2. Pem Wangchuk Bhutia -do-

3. Sanchabir Subba -do-

7. MELLI

i. Melli Aching 1. Nedup Lepcha Melli Aching

2. Sukman Rai -do-

ii. Singlitam 1. Batso Lepcha Singlitam

2. Jitman Rai -do-

2

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1 2 3

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8. SINGRANGP0NG

i. Tingbrom 1. Pem Tshering Lepcha Tingborm

2. Ujelman Subba -do-

ii. Singrangpong 1. Kipa Bhutia Singrangpong

2. Sancharaj Limboo -do-

iii. Topung 1. Pancha Bahadur Rai Topung

2. Suk Bahadur Rai -do-

10. SINGYANG

i. Singdrang 1. Lobjan Norbu Bhutia Singdrang

2. Sonam Wangyal Bhutia -do-

16. BONGTEN

i. Lungzik 1. Loknath Bahun Lungzik

2. Nir Bahadur Chetri -do-

31. SULDONG-KAMLING

i. Suldong 1. Pratap Singh Rai Suldong

ii. Kamling 1. Nar Bahadur Chettri Kamling

2. Piben Manger -do-

33. KHANISIRBONG

i. Suntoley 1. Bhim Bahadur Rai Suntoley

2. Budhiraj Rai -do-

36. CHAKUNG

i. Mendugaon 1. Kamal Tamang Mendbgaon

2. Sidi Kumar Tamang -do-

37. CHUMBUNG

i. Zoom 1. Jagat Bahadur Rai Zoom

2. Pratap Singh Rai -do-

3. Kul Bahadur Rai -do-

ii. Chumbung 1. Dal Bahadur Rai Chumbung

2. Lendup Tsering Bhutia -do-

3. Pritha Bahadur Rai -do-

4. Rasta Man Rai -do-

42. DODOK-BURIKHOP

i. karthok 1. Bhim Bhadur Chettri Karthok

2. Lakpa Tsering Bhutia -do-

48. OKHAREY

i. Okharey 1. Prabhawati Gurung Okharey

2. Pem Norbu Sherpa -do-

3. Rita Sherpa -do-

ii. Ribdi 1. Dorjee Sherpa Ribdi

2. Nuri Sherpa -do-

iii. Bhareng 1. Natemba Sherpa Bhareng

EAST DISTRICT

4. SUMIN-LINGZEY

i. Lingzey 1. Ari Bahadur Gurung Lingzey

2. Dhan Bahadur Chettri -do-

ii. Mangthang 1. Boom Bahadur Chettri Mangthang

3

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1 2 3

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12. LATUK-ChuchenperI

i. Latuk 1. Kul Bahadur (Major) Latuk


i. Singanebas 1. Yanjee Sherpa Singanebas

19. DALAPCHEN

i. Changeylakha 1. Bal Bahadur Gurung Changeylakha

2. Ganesh Kumar Pradhan -do-

21. REHNOCK-TARPIN

i. Kyongsa 1. Pempo Bhutiani Kyongsa

24. TATHANGCHEN

i. Tathangchen 1. Dorjee Uden Bhutia Tathangchen

2. Kami Lama -do-

3. P.B. Subba -do-

ii. Rongnek 1. Lakpa Sherpa Rongnek

2. Lobsang Bhutia -do-

25. SYARI-SAMDUR

i. Syari 1. Ashok Syari

28. RANKA

i. Ranka 2. Padam Bahadur Ranka

29. RHE-MENDU

i. Tempyek-Mendu . 1. Thenduk Lepcha Tempyek-Mendu

2. Ongdup Lepcha -do-

31. SAMLIK-MARCHAK

i. Samlik 1. Kancha Nagey Samlik

2. Tika Maya -do-

ii. Marchak 1. Padam Bahadur Marchak

2. Namgey Lepcha -do-

iii. Namin 1. Parsurum Rai Namin

32. NAMLI

i. Namli 1. Dal Bahadur Namli

2. Laxuman Subba -do-

ii. Tumlabong 1. Budhilal Subba

. iii. Chuba 1. Kharga Bahadur Rai Chuba

2. Pemba Bhutia -do-

34. RAPDANG-CHALLAMTHANG

i. Chisopani 1. Kul Bahadur Gurung Chisbpani

35. BYANG PEGYONG

i. Nageythang 1. Phechung Bhutia Nageythang

36. KHAMDONG

i. Khamdong 1. Jit Bahadur Khamdong

2. Narbu Tshering Bhutia Khamdong

ii. Budang-Thangsing 1. Tempa Bhutia Budang-Thangsin

2. Tilochan Lamichaney -do-

iii. Beng 1. Karna Bahadur Rai Beng

38. SIMIK-LINGZEY

i. Simik-Lingzey 1. Kenzang Ladingpa Simik-Lingzey

2. Ugen Tshering Lepcha -do-

ii. Simik-Chandey 1. Bhakta Prasad Simik-Chandey

4

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1 2 3

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42. LINGDOK

i. Lingdok-Nampung 1. Karma Tshering Lepcha Lingdok-Nampung

2. Pasupati Ojha -do-

3. Sarka Bahadur -do-

4. Sonam Pintso -do-

5.Ugen Bhutia -do-

43. PENLONG

i. Navey 1. Shakey Lepcha Navey .

2. Chulla Lepcha -do-

44. GNATHANG

i. Gnathang 1. Tshering Thonden Gnathang

SOUTH DISTRICT 1. LINGI PAIYONG

i.Upper Paiyong 1. Bom Bahadur Rai Upper Paiyong

ii. Kaw 1. Tenzing Lepcha Kaw

2. LINGMO TOKDEY

i. Lingmo 1. Lhendup Lepcha Lingmo

4. YANGANG

i. Rangang 1. Pawan Chamling Rangang

8. BEN NAMPRIK

i. Namprik 1. Chung Tshering Bhutia Namprik

10.TEMI

i. Aaifaltar 1. Bhim Bahadur Chettri Aaifaltar

2. Jagat Bahadur Chettri -do-

ii. Gangchung 1. Phurshai Sherpa Gangchung

11. NAMPHING TOKAL

i. Daring 1. Kharka Bahadur Chettri Daring

ii. Namphing 1. Hari Krishna Sharma Namphing

iii. Reshyap 1. Indra Prasad Sharma Reshyap

iv. Pabong 1. Deo Narayan Tamang Pabong

12. BERMIOK

i. Thangsing 1. Ongdu Dorjee Bhutia Thangsing

ii, Tokdey 1. Jit Bahadur Gurung Tokdey

14. PERBING

i. Perbing 1. Bhim Bahadur Gurung Perbing

2. Mingma Dorjee Sherpa -do-

ii. Chuba 1. Harka Bahadur Gurung Chuba

16. NAGI MANEYDARA

i. Pallitam 1. Purna Bahadur Tamang Pallitam

18. TURUNG

i. Mamring 1. Moti Bahadur Rai Mamring

ii. Donok 1. Ambarsingh Kalden (Tamang) Donok

20. RATEYPANI

i. Passi 1. Tejman Tamang Rateypani

ii. Tanzi 1. Kharga Bahadur Rai Tanzi

5

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1 2 3

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22. SUNTALEY PAIYONG

i. Paiyong 1. Deo Narayan Pradhan Paiyong

2. Prem Bahadur Tamang Paiyong

77. RONG BULL

i. Singtam 1. Narjit Rai Singtam

28. MANIRAM PHALIDARA

i. Salleybong 1. Udairam Rai Salleybong

29. SINGITHANG

i. Boomtar 1. Manjit Rai Boomtar

2. Sunita Tamang Boomtar

30. NAMLEY KAMRANG

i. Tinzer 1. Hastuman Rai Tinzer

ii. Gumpa Gurpisey 1. Norden Bhutia Gumpa Gurpisey

32. SALGHARI

i. Salghari 1. Bal Bahadur Rai Salghari

2. Dil Bahadur Rai -do-

3. Nar Bahadur Gurung -do-

ii. Dorop 1. Dhan Prasad Tamang Dorop

34. DAMTHANG

i. Damthang 1. Rinzing Sherpa Damthang

ii. Jaubari 1. Passang Rinzing Sherpa Jaubari

35. SOROK SYAMPANI

i. Syampani 1. Kaziman Rai Syampani

36. MIKKHOLA

i. Mikkhola 1. Mani Ram Rai Mikkhola

2. Hastaman Rai -do-

37. WOK OMCHU

i. Pazer 1. Dup Tshering Lepcha Pazer

38. TINKITAM SANGNATH

i. Tinkitam 1. Adil Bahadur Rai Tinkitam

2. Narbu Dadul Bhutia -do-

ii. Sangnath 1. Dhan Bahadur Rai Sangnath

2. Lall Bahadur Rai -do-

3. Sonam Topden Bhutia -do-

40. KEWZING BAKHIM

i. Kewzing 1. K.Gyatso Kazi Kewzing

41. LEGSEP HINGDAM

i. Lingzo 1. Bir Bahadur Chettri Lingzo

42. RALONG NAMLUNG

i. Lingding 1. Manorath Sharma Lingding

ii. Namlung 1. Norden Bhutia Namlung

44. SADA PHAMTAM

i. Phamtam 1. Dal Bahadur Rai Pahamtam

2. Lok Bahadur Chettri -do-

6

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1 2 3

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NORTH DISTRICT

1. TUNG NAGA

i. Tung Naga 1. Chaktook Lepcha Tung

ii. Namgor 1. Sonam Choda Lepcha Namgor

2. Phurba Lepcha -do-

iii. Meyong 1. Chewang Dorjee Lepcha Meyong

iv. Singchit-Sentam 1. Dukchung Lepcha Singchit-Sentam

2. Gyan Lepcha -do-

2. SHIP-GYER (RAMAM)

i. Ship-Gyer (Ramam) 1. Kunchung Lepcha Ship-Gyer

2. Lhendup Tshering Lepcha -do-

3. Namtiat Lepcha -do-

4. Topgey Lepcha -do-

5. Tshering Thendup Lepcha -do-

3. RINGIM NAMPATAM

i. Kazor 1. Tashi Lepcha Kazor

ii. Ringim Nampatam 1. Phiguk Lepcha Ringing-Nampatam

iii. Zimchung 1. Man Bahadur Tamang Zimchung

2. Naksuk Lepcha -do-

4. BARFOK LINGDONG

i. Berfok 1. Chedup Lepcha Berfok

2. Mikmar Lepcha -do-

ii. Lingdong 1. Choro Lepcha Lingdong

2. Lhazang Lepcha -do-

3. Pemba Lepcha -do-

5. LINGTHEM LINGDEM

i. Lingthem-Lingdem 1. Chuden Lepcha Lingthem-Lingdem

2. Lhendup Lepcha -do-

3. Tibu Lepcha -do-

ii. SaLEm-Pakyal, 1. Lhendup Tshering Lepcha Salem-Pakyal

2. Tshering Lepcha -do-

6. TINGBONG

i. Tingbong 1. Dikthood Lepcha Tingbong

2. Loden Tshering Lepcha -do-

3. Songchuk Lepcha -do-

4. Tshering Thendup Lepcha -do-

5. Yangching Lepcha -do-

7. SAKYONG PENTONG

i. Sakyong Pentong 1. Dagat Lepcha, Sakyong Pentong

Lingzya Tolling 2. Dukchung Lepcha -do-

3.. Guruk Lepcha Lingzey Tolung

4. Sonam Lepcha -do-

5. Zeebu Lepcha Sakyong Pentong

8. LUM-GOR SANGTOK

i. Lum 1. Angi Lepcha Lum

ii. Gor 1. Karsong Lepcha Gor

2. Tashi Lepcha -do-

iii. Sangtok 1. Chiming Lhendup Lepcha Sangtok

2. Norbu Lepcha -do-

9. HEE GYATHANG

i. Gnong-Sangdong 1. Norphey Lepcha Gnon-Sangdong

ii. Hee-Gyathang 1. Dida Lepcha Hee-Gyathang

2. Gyasto Lepcha -do-

3. Phechong lepcha -do-

7

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1 2 3

_____________________________________________________________________________________________________________________

10. CHUNGTHANG

i. Chungthang 1. Chuden Lepcha Chungthang

2. Dawa Tshering Lepcha -do-

3. Tasa Tengey -do-

4. Tenzang Lepcha -do-

5. Tenzing Lepcha -do-

11. NAMOK SAYAM

i. Namok 1. Jamyang Bhutia Namok

2. Kami Bhutia -do-

ii. Sayam 1. Chultim Lepcha Sayam

2. Tenyot Lepcha -do-

iii. Tanyek 1. Pemzi Lepcha Tenyak

12. TINGCHIM MANGSHILA

i. Upper Mangshila 1. Dill Bahadur Limboo Upper Mangshia

Lower Mangshila 2. Dilli Ram Limboo -do-

3. Nar Prasad Limboo Lower Mangshila

ii. Tingchim 1. Kyakching Bhutia Tingchim

2. Norden Bhutia -do-

13. RAMTHANG RONGONG

i. Rongong 1. N. Kazi Rongong

ii. Ramthang 1. Chewang Ringzing Bhutia Ramthang

2. Khipgu Bhutia -do-

iii. Phodong 1. Topden Bhutia Phodong

iv. Tumlong 1. Namgey Bhutia Tumlong

14. PHENSANG

i, Phensang 1. Aching Bhiutia Phensang

2. Chung Chung Bhutia -do-

3. Ringzing Wangyal Bhutia -do-

ii. Labi 1. Tencho Lepcha Labi

15. MENRONGONG

i. Menrongong 1. Azong Lepcha Menrongong

2. Ringzing Lepcha -do-

ii. Phamtham 1. Tempa Lepcha Phamtham

iii. Chawang 1. Ong Tshering Lepcha Chawang

2. Sonam Tshering Lepcha Chawang

16.KABI TINGDA

i. Kabi Tingda 1. Khedup Bhutia Kabi Tingda

2. Kalzang Gyatso Kabi Tingda

3. Lakzang Bhutia Kabi Tingda

4. Phichi Bhutia Kabi Tingda

5. Rinzing Sherpa Kabi Tingda

( P.K. PRADHAN ) DIRECTOR OF PANCHAYAT ELECTIONS AND

SECRETARY, RURAL DEVELOPMENT

DEPARTMENT.

_______________________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.8 Gangtok, Monday January 24, 1983. ______________________________________________________________________________________________



NOTIFICATION


No. Elec. l28/8/82(2)-In exercise of the powers conferred by sub-section (2) of Section

101 of the Sikkim Panchayat Act, 1982 (3 of 1982) read with rule 7 of the Sikkim Panchayat

Election Rules 1982 and in partial modification of its notification of even number dated 7th

January,1983 the Director of Panchayat Elections hereby designates Shri S. Wangdi, Revenue

Officer(East)as the Returning Officer for Gram Panchayats No. 1 to 15 vice Shri Tashi

Topden, District Collector, East.

By Order,

H. R. GUPTA,



Sikkim.


S I K K I M


EXTRAORDINARY


No.9 Gangtok, Monday February 7,1983. ______________________________________________________________________________________________

HOME DEPARTMENT (ELECTION)

NOTIFICATION NO. 1/H.


The following Order No. 76/SKM-LA/29/79, dated the 18th December, 1982 of Elec-

tion Commission of India, New Delhi is hereby published for general information:—

ORDER

Whereas, Shri Phuchung Tshering, Rangpo, East Sikkim, who was a contesting candi-

date for general election to the Sikkim Legislative assembly held in October, 1979 from 29-Assam

Lingjey constituency was disqualified by the Election Commission vide its order No. 76/SKM-

LA/29/79 dated the 1st April,1981 under section 10A of the Representation of the People Act

1951 for failure to lodge the account of his election expenses as required by the said Act and

the rules made thereunder;

And whereas, the said Shri Phuchung Tshering had submitted a petition before the

Election Commission of India praying for the removal of the disqualification imposed on him

giving reasons for his failure to lodge the account of election expenses as required by law;

And whereas, the Election Commission having taken into account the said petition and

after giving a personal hearing to him are of the view that the earlier order of April 1,1981

merits a revision;

Now, therefore, in exercise of the powers conferred by section 11 of the said Act, the

Election Commission reduces the period of disqualification imposed on Shri Phuchung Tshering

to the period of disqualification already sufferred by him and removes the disqualification for

the unexpired period with effect from the 18th December, 1982.

By Order,

H. R. GUPTA. S. C. JAIN,

Deputy Chief Electoral Under Secretary.

Officer Sikkim.

_______________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY


_____________________________________________________________________________

No.10 Gangtok, Monday February 7, 1983. _____________________________________________________________________________________________



Dated Gangtok, the 3rd February, 1983.

The following notification No. 56/82-VI, dated the 1st December, 1982 Agrahayana

10,1904(S) of Election Commission of India, New Delhi is hereby published for general infor-

mation:—

NOTIFICATION

Whereas the Election Commission of India is satisfied oh the basis of provisional

information availabe in its possession in respect of the general election to the Legislative

Assembly of Haryana State held in May, 1982 that as a result of its poll performance at the

said general election, the Indian Congress (J) is entitled for recognition as a State Party in the

State of Haryana in terms of paragraph 6 of the Election Symbols (Reservation and Allotment)

Order, 1968;

And whereas the Commission has decided to recognise the Indian Congress (J) as a

State Party in the State of Haryana on ad-hoc basis, and reserve 'Scales' for the said Party in

Haryana State;

Now, therefore, in pursuance of clause (b) and clause (c) of sub-paragraph (1) and

sub-paragraph (2) of paragraph 17 of the said Symbols Order, the Election Commission hereby

makes the following amendments in its notification No. 56/82, dated the 8th April,1982

published as O.N. 29 (E) in the Gazette of India, Extraordinary, Part II, Section 3(iii) dated

the 12th April, 1982 as amended from time to time, namely -

(1) IN TABLE 2 of the said notification, in columns 1,2 and 3, after the entries relating to

the State of Assam, the entries 'Haryana......Indian Congress (J).......Scales' shall be

inserted; and

(2) IN TABLE 4 of the said notification, against the State of 5 Haryana, under column 2, the

entry"16 Scales" shall be deleted and the existing entries 17 to 20 shall be renumbered as

16 to 19

The recognition granted to the above-mentioned political party and consequential

amendments to the notification dated 8th April, 1982 are subject to review of the poll per-

formance of that party on receipt of final figures in respect of general election to the Legisla-

tive Assembly of Haryana State

2

The recognition granted above is also subject to the following conditions:—

(i) The party shall communicate to the Commission without delay any change in its naned

head office, office bearers, address or political principles, policies, aims and objectives and

any change in any other material matters;

(ii) The party shall intimate the Commission immediately whenever any amendments are

issued to parrty Constitution along with the relevant documents like the notice for the

meetings to consider amendments, agenda for the meeting, minutes of the meeting where

the amendments have been carried etc;

(iii) The party shall maintain all the records like minutes books, accounts books, membership

registers, receipt books etc. properly;

(iv) The said records shall be open for inspection at any time by the authorised representation

(s) of the Commission; and

(v) The recognition granted shall be reviewed by the Commission from time to time.

By Order,

J. K SIBBU Sd/- K. GANESAN

Special Officer. Secretary.

_________________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ____________________________________________________________________________

No.11 Gangtok, Thursday February 10, 1983. ___________________________________________________________________________________________

LAW DEPARTMENT


Notification No. 9/LD/RC/1982. Dated Gangtok, the 7th January, 1983.

The following Notification of the Ministry of Home Affairs, Government of India,

made by the President of India on the 16th October, 1982 to be published in the Gazette of

India, Exordinary, Part II, Section 3(ii) dated 18th October, 1982 is hereby published for

general information:—

GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 16th October,1982.

S.O... In exercise of the powers conferred by clause (n) of article 371F of the

Constitution, the President hereby extends to the State of Sikkim the enactments specified in

the Schedule annexed hereto subject to the modifications, if any, specified in that Schedule and

the following further modification, namely:—

(1)Any reference in the said enactments to a law not in force or to a functionary

not in existance, in the State of Sikkim shall be construed as a reference to the corresponding

law in force, or to the corresponding functionary in existence in that State:

Provided that if any question arises as to who such corresponding functionary is or if

there is no such corresponding functionary, the Central Government shall decide as to who

such functionary will be and the decision of the Central Government shall be final.

(2) Notwithstanding anything contained in the relevant provision, if any, of each

such enactment for the commencement thereof, the provisions of each such enactment shall

come into force in the State of Sikkim on such date as the Central Government may, by notifi-

cation in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of any enact-

ment and for different areas in the State of Sikkim and any reference in any such provision to

the commencement of the Act shall be construed as a reference to the coming into force of

that provision in the area where it has been brought into force

2

THE SCHEDULE

__________________________________________________________________________________________________________

Year No. Short title Modifications

__________________________________________________________________________________________________________

(1) (2) (3) (4)

__________________________________________________________________________________________________________

1908 5 The Code of Civil Sections 123 and 124

Procedure, 1908 shall be omitted.

1971 40 The Public Premises -

(Eviction of Unauthorised

Occupadnts) Act, 1971.

M. HIDAYATULLAH,

Vice-President,

Discharging the functions of the President

(F. No. 11013/4/81-SKM).

Sd/- LP. GUPTA,

Joint Secretary to the Govt, of India

Tele. 372361

B. R. PRADHAN,

Secretary to the Government of Sikkim

Law Department,

F. No.ll/(265)/LD/81.

____________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.12 Gangtok, Friday February 11, 1983. ____________________________________________________________________________________________


LAW DEPARTMENT

Notification No. 32/LD/1982.


The following Act of the Sikkim Legislative Assembly having received the assent of

the President on the First Day of January, 1983 is hereby published for general information.

SIKKIM ACT No. 11 of 1982

THE SIKKIM REGULATION OF TRANSFER AND USE OF LANDS

(REPEAL) ACT, 1982.

AN

ACT

to repeal the Sikkim Regulation of Transfer and Use of Lands Act, 1975.

Be it enacted by the Legislature of Sikkim in the Thirty third Year

of the Republic of India as follows:-

1.This Act may be called the Sikkim Regulation of Transfer arid Use of Short title.

Lands (Repeal) Act, 1982.

2. The Sikkim Regulation of Transfer and Use of Lands Act, 1975, is Repeal of Act

hereby repealed. VI of 1975.

By Order

B. R. PRADHAN,

Secretary to the Government of Sikkim.

Law Department,

F. No. 16(22)LD/77.

__________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY


No.13 Gangtok, Friday February 11,1983. ____________________________________________________________________________________________


LAW DEPARTMENT

GANGTOK

Notification No. 10/LD/RC/1983.

Dated Gangtok, the 7th February, 1983.

The Government of India, Ministry of Home Affairs, Notification made by the Presi-

dent of India on the 29th January, 1983 and published in the Gazette of India, Extraordinary,

Part II,Section 3(ii), dated the 31st January, 1983, is republished for general information.

"S.O.No. 57(E). In exercise of the powers conferred by clause (n) of article 371 F of the

Constitution, the President hereby extends to the State of Sikkim the enactments specified in

the Schedule annexed hereto subject to the following modifications, namely:-

(1) Ahy reference in the said enactment to a law not in force or to a functionary not

in existence, in the State of Sikkim shall be construed as a reference to the corresponding law

in force, or to the corresponding functionary in existence, in that State :

Provided that if any question arises as to who such corresponding functionary is or if




such enactment for the commencement thereof, the provisions of each such enactment shall

come into force in the State of Sikkim from 1st February, 1983.

2

THE SCHEDULE

_________________________________________________________________________________________________________

S. No. Year No. Short title

_________________________________________________________________________________________________________

1. 1931 16 The Provisional Collection of Taxes Act, 1931.

2. 1944 1 The Central Excise and Salt Act, 1944 read with the Central Excise laws

(Amendment) and Validation Act, 1982 (58 of 82).

3. 1953 29 The Tea Act, 1953.

4. 1955 16 The Medicinal and Toilet Preparations (Excise Duties) Act, 1955.

5. 1957 58 The Additional Duties of Excise (Goods of Special Importance) Act,1957

6. 1958 27 The Mineral Products (Additional Duties of Excise and Customs)Act,1958

7. 1974 12 The Economic Offences (Inapplicability of Limitation) Act, 1974.

8. 1978 40 The Additional Excice Duty (Textiles and Textile Articles) Act,1978.

9. 1982 14 The Finance Act, 1982."

__________________________________________________________________________________________________________

ZAIL SINGH,

President.

________________

I.P GUPTA,

Joint Secretary to the Govt. of India

_______________________________

By Order,

B. R. PRADHAN,


Law Department.

F.No. 11(46) LD/77.

__________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.14 Gangtok, Friday February 11,1983. ______________________________________________________________________________________________




The following notifications No. 56/82-VII and 56/82-VIII dated 28th December,1982

and 5th January, 1983 respectively of Election Commission of India, New Delhi are hereby

published for general information:-

NOTIFICATION

In exercise of the power conferred by rules 5 and 10 of the Conduct of Elections

Rules,1961 and clause (d) of sub- paragraph (1) and sub-paragraph (2) of paragraph 17 and

paragraph18 of the Election Symbols (Reservation and Allotment) Order, 1968, the Election

Commission hereby make the following further amendments in the notification No. 56/82, dated

the 8th April, 1982; published as O.N. 29(E) in the gazette of India, extraordinary, Part II,

section 3(iii),dated the 12thApril, 1982, as amended from time to time, namely:—

In Table 4 of the said notification, against item No. 1 Andhra Pradesh, under column

2, the entry'16. Clock' shall be inserted.

The above-cited insertion shall be deemed to be effective with effect from 15 December,

1982.

By Order,

Sd/- K. GANESAN,

Secretary.

NOTIFICATION

In exercise of the powers conferred by rules 5 and 10 of the Conduct of Elections

Rules, 1961, and clause (d) of sub-paragraph (1) and sub-paragraph (2) of paragraph 17 and

paragraph 18 of the Election Symbols (Reservation and Allotment) Order, 1968, the Election

Commission hereby makes the following further amendments in its notification No.56/82,

dated the 8th April, 1982, published as O.N. 29(E), in tha gazette of India, extraordinary, part

II, section 3(iii), dated the 12th April, 1982, as amended from time to time, namely—

In Table 4 of the said notification, against item No. 27 Delhi, under column 2,entry

'8 Flower'shall be deleted and the entries '9 to 26' shall be renumbered as '8 to 25'.

By Order, J.K.SIBBU, Sd/- K. GANESAN,

Special Officer. Secretary.

_____________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY


No. 14-A Gangtok, Friday February 11,1983.

___________________________________________________________________________________________



NOTIFICATION

No.Elec. 128/11/82 Dated Gangtok, the 10th February, 1983.

In pursuance sub-rule (4) of rule 24 of the Sikkim Panchayat Elections Rules,1982,

the lists of contesting candidates in respect of elections to the Gram Panchayats in the State of Sikkim received

from the Returning Officers concerned are hereby published for general information :-

WEST DISTRICT

Sl. No. & Name of Gram

Panchayat/Ward

Name of Candidates

Address

Symbol Allotted

1 2 3 4

1. KARCHI

i. Mangnam 1. Chung Ching Bhutia Mangnam Chair

2. Kaluman Gurung Mangnam Lock & Key

3. Lachung Tshering Bhutia Mangnam Car

4. Tep Tshering Bhutia Mangnam Hurricane Lamp

2. KONGRI GANGYAP

i.Labdang 1. Kabir Raj Gurung Labdang Tractor

2. Man Bahadur Gurung -do- Aeroplane

3. Santa Bahadur Gurung -do- Clock

4. Talley Gurung -do- Radio

ii.Kongri 1. Lal Bahadur Limboo Kongri Chair

2. Palden Lepcha -do- Radio

3. Phurgey Lepcha -do- Fish

4. Sonam Pintso Lepcha -do- Goat

3.TASHIDING

i.Lasso 1. Bal Bahadur Rai Lasso Fish

2. Dhan Bahadur Rai -do- Clock

3. Gyan Bahadur Chettri -do- Goat

4. Indra Bahadur Dahal -do- Radio

5. Nakchung Bhutia -do- Chair

2

_____________________________________________________________________________________________________________

1 2 3 4

_____________________________________________________________________________________________________________

ii. Chongrang 1. Bal Bahadur Chettri Chongrang Goat

2. Birbal Chettri -do- Lock & Key

3. Kinzang Lepcha -do- Clock

4. Om Prasad Sharma -do- Sewing Machine

5. Padam Bahadur Gurung -do- Radio

6. Purna Singh Subba -do- Aeroplane

7. Ram Bahadur Subba -do- Chair

8. Tashi Tshering Lepcha -do- Bucket

9. Tek Bahadur Chettri -do- Sparrow

iii. Tashiding 1. Chabilal Subba Tashiding Car

2. Phurgey Bhutia -do- Bucket

3. Tasi Bhutia -do- Chair

4. Yapching Bhiutia -do- Clock

4. GERETHANG

i. Gerethang 1. Budhiman Lepcha Gerethang Fish

2. Changthung Limboo -do- Tractor

3. Fulman Limboo -do- Drum

4. Kalu Bhutia -do- Hurricane Lamp

5. Kaman Singh Subba -do- Chair

6. Naradmani Shrama -do- Deer

7. Tikaram Bahun -do- Aeroplane

8. Tikaram Luital -do- Railway Engine

ii. Arithang 1. Dal Bahadur Kami Arithang Car

2. Dhan Raj Subba -do- Deer

3. Man Bahadur Subba -do- Clock

4. Man Bahadur Dahal -do- Drum

5. Purna Bahadur Subba -do- Radio

6. Sher Bahadur Basnet -do- Aeroplane

7. Shiva Lal Sapkota -do- Hurricane Lamp

5. YOKSAM

i. Dubdi 1. Nandahang Limboo Dubdi Clock

2. Shiva Lal Chettri -do- Aeroplane

6. THNGLING KHECHU PERI

i. Thingling-I. 1. Bolman Subba Thingling-1 Drum

2. Krishna Prasad Subba -do- Radio

3. Sahaman Subba -do- Chair

4. Samduk Bhutia -do- Sewing Machine

ii. Thingling II 1. Bol Bahadur Limboo Thingling-II Chair

2. Man Bahadur Limboo -do- Car

iii. Chojyo 1. Dukden Lepcha Chojyo Chair

2. Gyatso Lepcha -do- Hurricane

3. Kaduk Lepcha -do- Radio

4. Lacho -do- Goat

5. Penchung Bhutia -do- Drum

iv.. Khechuperi 1. Dhan Bir Rai Khechuperi Clock

2. Padam Bahadur Gurung -do- Fish

7. MELL1

i. Melli 1. Naksuk Bhutia Melli Chair

2. Pem Lendup Bhutia -do- Clock

3. Samduk Lepcha -do- Deer

8. DARAP

i. Nambli 1. Lako Tsherning Bhutia Nambu Bucket

3

___________________________________________________________________________________________________________

1 2 3 4

___________________________________________________________________________________________________________ 2. Pern Dorjee Bhutia -do- Car

3. Sukdhan Subba -do- Chair

4. Syam Bahadur Limboo -do- Drum

ii. Darap 1. Budhiman Limboo Darap Chair

2. Chandradas Limboo -do- Deer

3. Dambersingh Limboo -do- Aeroplane

4. Jitman Limboo -do- Hurricane Lamp

5. Sukdhan Limboo -do- Fish

6. Til Bahadur Chettri -do- Tracotr

7. Tilbahadur Gurung -do- Car

8. Topdan Lepcha -do- Clock

9. Ujel Kancha Subba -do- Goat

10. Sonam Bhutia -do- Bucket

10. SINGYANG

1. Singyang 1. Bhakta Bahadur Karki Singyang Aeroplane

2. Chewang Dorji Bhutia -do- Chair

3. Damber Singh Gurung -do- Car

4. Darmasingh Gurung -do- Fish

5. Indra Bahadur Gurung -do- Hurricane lamp

6. Sonam Tshering Bhutia -do- Lock & Key

7. Sarki Bhutia -do- Hand Pump

11. NAKO CHUMBUNG

i. Nako 1. Mon Bahadur Chettri Naku Car

2. Padamlal Gurung -do- Bucket

3. Sangey Dorjee Bhutia -do- Chair

4. Tashi Tshering Bhutia -do- Clock

5. Tek Bahadur Chettri -do- Goat

6. Tshering Wangyal Bhutia -do- Hurricane Lamp

7. Tseten Dorjee Bhutia -do- Aeroplane

8. Ugen Tenzing Bhutia -do- Radio

ii. Chumbong 1. Bhim Bahadur Chhetri Chumbong Aeroplane

2. Chewang Dorjee Bhutia Chumbong Chair

3. Gomtuk Bhutia Chumbong Tractor

4. Kinzang Dadul Bhutia Chumbong Lock & Key

5. Sukman Limboo Chumbong Drum

12.YANGTEY

i. Onglep 1. Chakrabahadur Rai Onglep Chair

2. Dhanbahadur Rai Onglep Aeroplane

3. Hariprasad Khatrwara -do- Deer

4. Santabir Rai -do- Car

ii. Yangtey 1. Bharatlal Sharma Yangtey Car

2. Karma Tsering Bhutia -do- Fish

3. Lobzang Wangyal -do- Aeroplane

4. Rinzing Wangyal -do- Clock

iii. Baluthang 1. Aitaraj Limboo Baluthang Bucket

2. Chewang Namgyal Bhutia -do- Chair

3. Chultem Bhutia -do- Pot

4. Durgabir Subba -do- Radio

5. Jitmaya Limbooni -do- Clock

6. Sonam Bhutia -do- Hurricane

13. GYALSHING-OMCHUNG Lamp

i. Gyalshing 1. Arimardhan Chettri Gyalshing Hurricnae Lamp

2. Chatrabahadur Chettri -do- Chair

3. Gangaprasad Sharma -do- Deer

4

______________________________________________________________________________________________________________________

1 2 3 4

______________________________________________________________________________________________________________________

5. Karma Tenzing Bhutia -do- Clock

6. Krishna Prasad Sharma -do- Bucket

7. Padam Kumar Rai -do- Fish

8. Purna Prasad Siktel -do- Goat

9. Tekbahadur Chettri -do- Radio

10. Tilbahadur Thapa -do- Car

ii. Omchung 1. Atersing Bhuutia Omchung Drum

2. Bhagirath Sharma . -do- Fish

3. Dhanraj Limboo -do- Deer

4. Gajablal Pradhan -do- Hand Pump

5. Krishna Prasad Thapa -do- Goat

6. Kubirnath Parajuli -do- Bucket

7. Lal Bahadur Limboo -do- Radio

8. Laxmi Gurung -do- Car

9. Padam Bhadur Chetri -do- Clock

10. Pern Tshering Bhutia -do- Chair

11. Santa Kumar Pradhan -do- Lock & Key


i. Kyongsa 1. Dal Bahadur Chetri Kyongsa Car

2. Degey Bhutia -do- Radio

3. Jagat Bahadur Tiwari -do- Fish

4. Keshar Bahadur Subedi -do- Lock & Key

5. Pemba Lendup -do- Drum

ii. Yangthang 1. Aitaraj Limboo Yangthang Bucket

2. Bhim Bahadur Subedi -do- Pot

3. Chandra Bahadur Gurung -do- Sewing Machine

4. Dawa Norbu -do- Hurricane Lamp

5. Dudraj Gurung -do- Fish

6. Indra Bahadur Chettri -do- Lock & Key

7. Nar Bahadur Gurung -do- Clock

iii. Tikzek 1. Bhim Bahadur Gurung Tikjek Deer

2. Birkha Bahadur Limboo -do- Goat

S/o Habir Limboo

3. Birkha Bahadur Limboo -do- Fish

S/o Khamba Singh Limboo

4. Desman Limboo -do- Hurricane Lamp

5. Pern Namgyal Bnutia -do- Clock

15. LINGCHOM

i. Lingchom 1. Balaram Bahun Lingchom Lock & Key

2. Deonarayan Gurung -do- Chair

3. Garjaman Rai -do- Hurricane Lamp

4. Ghager Bahadur Gurung -do- Bucket

5. Kharga Bahadur Limboo -do- Deer

6. Kulbahadur Gurung -do- Goat

7. Imandhoj Limboo -do- Sewing Machine

8. Mohan Lal Limboo -do- Car

9. Nim Dorji Bhutia -do- Fish

10. Prem Singh Limboo -do- Radio

11. Rabinanda Subba -do- Drum

12. Tulsiprasad Bahun -do- Railway Engine

ii. Sardong 1. Harkalal Limboo Sardong Drum

2. Motilal Gurung -do- Clock

3. Srijetha Limboo -do- Fish

16. BONGTEN

i. Sapong 1. Dhanraj Limboo Sapong Clock

2. Man Bhahadur Limboo -do- Lock & Key

3. Purnasingh Rai -do- Car

5

_______________________________________________________________________________________________________________________

1 2 3 4

_______________________________________________________________________________________________________________________

ii. Bangten

ii. Mangmu

1. Damai Tshering Bhutia Bangten Clock

2. Harkalal Chettri -do- Radio

3. Krishna Bahadur Gurung -do- Drum

4. Lal Bahadur Gurung -do- Aeroplane

5. Rajdhan Rai -do- Lock & Key

6. Ramsur Chettri -do- Bucket

7. Pempa Tshering Bhutia -do- Chair

8. Samtan Lepcha -do- Fish

1. Maita Bir Limboo Srinagi Drum

2. Prem Lall Chettri -do- Clock

3. Ram Prasad Chettri -do- Fish

4. Tenzing Sherpa -do- Radio

1. Aram Prasad Chettri Liching Radio

2. Dal Bahadur Bista -do- Clock

3. Topden Bhutia -do- Car

1. Agey Tshering Lepcha Karmatar Aeroplane

2. Dekpa Tshering Lepcha -do- Deer

3. Shyam Bahadur Limboo -do- Drum

4. Sonam Tshering Lepcha -do- Chair

1. Damber Singh Rai Gyaten Clock

2. Kul Bahadur Rai -do- Sparrow

3. Indu Lepcha -do- Bucket

4. Larap Lepcha -do- Drum

5. Lendup Lepcha -do- Chair

6. Nar Bahadur Katwal -do- Car

1. Bal Singh Subba Maneybong Drum

2. Chabilal Chettri -do- Chair

3. Dalu Ram Subba -do- Fish

4. Ganga Prasad Subba -do- Aeroplane

5. Harka Prasad -do- Bucket

6. Man Prasad Rai -do- Lock & Key

7. Mingma Sherpa -do- HurricaneLamp

8. Passang Sherpa -do- Goat

9. Ratna Kumar Chettri -do- Clock

10. Til Bahadur Subba -do- Deer

1. Akal Bahadur Gurung Sopakha Aeroplane

2. Indra Bahadur Rai -do- Fish

3. Til Bahadur Limboo -do- Drum

1. Bishnu Prasad Gurung Begha Clock

2. Chandra Kubir Gurung -do- Sparrow

3. Hasta Bahadur Gurung -do- Fish

4. Nar Bahadur Pradhan -do- Sewing Machine

5. Nar Bahadur Gurung -do- Chair

6. Tempa Sherpa -do- Eagle about to Fly

7. Tenzing Lepcha -do- Flaming Torch

1. Chuden Lepcha Mangmu Aeroplane

2. Damber Singh Gurung -do- Drum

3. Dhan Pati Sharma -do- Car

4. Durga Prasad Gurung -do- Bucket

5. Gauri Maya Gurung -do- Clock

6. Kharga Bahadur Pradhan -do- Chair 7. Khasraj Gurung -do- Radio

17. GYATEN KARMATAR

i. Srinagi

ii. Liching

18.MANEYBON

iii. Karamatar

iv. Gyaten

18.MANEYBONG SOPAKHA

i. Maneybong

ii. Sopakha

19. DENTAM

i. Begha

ii. Mangmu

6

_________________________________________________________________________________________________________

1 2 3 4

_________________________________________________________________________________________________________

8. Kul Bahadur Chettri -do- Lock & Key

9. Phur Tshering Lepcha -do- Sparrow

10. Ran Bahadur Darjee -do- Sewing Machine

11. Sabitri Gurung -do- Fish

iii. Dentam 1. Bhim Bahadur Pradhan Dentam Clock

2. Bishnu Kumar Agarwal -do- Lock & Key

3. Gauri Das Pradhan -do- Railway Engine

4. Hari Prasad Pradhan -do- Chair

5. Krishna Chandra Pradhan -do- Car

6. Purna Bahadur Darjee -do- Sewiing Machine

20. SANKHU-RADHUKUNDU

i. Radhukundu 1. Chandra Bahadur Chettri Radhukundu Fish

2. Dakman Newar -do- Radio

3. Dawa Tshering Lepcha -do- Car

4. Kaderjang Basnet -do- Chair

5. Kharkalal Bahun -do- Clock

6. Narbu Tshering Lepcha -do- Bucket

7. Narayan Basnet -do- Drum

8. Paten Lepcha -do- Lock & Key

9. Purna Bahadur Chettri -do- Railway Engine

i. Sankhu 2. Dhamber Limboo Sankhu Car

1. Dah Temba Sherpa -do- Aeroplane

3. Indra Pradhan -do- Clock

4. Lal Bahadur Limboo -do- Drum

5. Namgyal Sherpa -do- Pot

6. Nardhoj Limboo -do- Drum

7. Punya Prasad Sharma -do- Deer

8. Ratna Bahadur Limboo -do- Chair

21. HEE

i. Hee-Hee Pat 1 1. Agam Singh Limboo Hee-Hee Patel Sparrow

2. Bal Bahadur Limboo -do- Lock & Key

3. Birman Subba -do- Chair

4. Chabinath Chettri -do- Umbrella

5. Dhan Prasad Subba -do- Clock

6. Dal Bahadur Bista -do- Hurricane Lamp

7. Dorchen Bhutia -do- Radio

8. Durga Prasad Pradhan -do- Sewing Machine

9. Jitmaya Limboo -do- Goat

10. Lha Tshering Bhutia -do- Car

11. Makardhoj Limboo -do- Deer

12. Manbir Limboo -do- Hand Pump

13. Mani Prasad Subba -do- Eagle

14. Nandaram Bista -do- Bucket

15. Needup Bhutia -do- Railway Engine

16. Padam Singh Subba -do- Drum

17. Pega Singh Limboo -do- Pot

18. Santaman Bista -do- Flaming Torch

19. Sukraj Subba -do- Aeroplne

20. Srilal Limboo -do- Tractor

21. Takindra Subba -do- Fish

.ii. Pecherek 1. Bal Bahadur Darjee Pecherek Sewing Machine

2. Dik Bahadur Chettri -do- Sparrow

3. Jag Bahadur Chettri -do- Aeroplne

4. Jai Bahadur Kharka -do- Hand Pump

5. Lal Bahadur Chettri -do- Radio

6. Tapansingh Limboo -do- Drum

7. Til Bahadur Chettri -do- Chair

7

___________________________________________________________________________________________________________

1 2 3 4

___________________________________________________________________________________________________________

22. BARMIOK-MARTAM

i. Barmiok 1. Bal Bahadur Subba Barmiok Drum

2. Bir Bahadur Subba -do- Pot

3. Dal Bahadur Gurung -do- Sparrow

4. Janga Bahadur Subba -do- Chair

5. Kharananda Sharma -do- Aeroplane

6. Khuslal Subba -do- Car

7. Laku Tshering Lepcha -do- Lock & Key

8. Man Bahadur Subba -do- Radio

9. Nanda Lal Sharma -do- Fish

ii.Martam 1. Amber Bahadur Kharka Martam Sewing Machine

2. Ambika Chettrini -do- Lock & Key

3. Dharmananda Sharma -do- Car

4. Indra Bahadur Kharka -do- Flaming Torch

5. Jas Bahadur Subba -do- Drum

6. Kalu Tshering Sherpa -do- Chair

7. Lal Bahadur Rai -do- Pot

8. Needup Lepcha -do- Sparrow

9. Nima Sherpa -do- Radio

10. Puma Bahadur Chettri -do- Fish

11. Purnahang Subba -do- Aeroplane

23. RICHENPONG

i.Rinchenpong 1. Dhan Bahadur Rai Rinchenpong Car

2. Homnath Bahun -do- Aeroplane

3. Kalu Sunar -do- Fish

4. Nandu Lepcha -do- Dear

5. Thupden Dorjee Lepcha -do- Chair

ii. Tadong 1. Gumbirman Rai Tadong Eagle about to fly

2. Indra Bahadur Gurung -do- Flaming Torch

3. Karma Uden Bhutia -do- Pot

4. Kedarnath Khatiwara -do- Fish

5. Krishna Bahadur Gurung -do- Sewing Machine

6. Nak Tshering Bhutia -do- Drum

7. Nar Bahadur Chettri -do- Deer

8. Ongdi Bhutia -do- Goat

9. Padam Gurung -do- Clock

10. Prem Lal Bhattarai -do- Tractor

11. Sidhiram Rai -do- Car

24. BERFOK-BARTHANG

i. Berfok 1. Ash Bahadur Limboo Berfok Bucket

2. Dhan Bahadur Gurung -do- Clock

3. Gagat Bahadur Chettri -do- Aeroplane

4. Krishna Bahadur Chettri -do- Fish

5. Lachimaya Gurung -do- Chai

6. Man Bahadur Kami -do- Tractor

7. Mohandas Gurung -do- Pot

8. Nanda Kumar Rai -do- Car

9. Tukten Lepcha -do- Goat

ii. Barthang 1. Bal Bahadur Rai Barthang Fish

2. Bholanath Sharma -do- Bucket

3. Bishnu Bhakta Bahun -do- Sewing Machine

4. Dal Bahadur Subba -do- Aeroplane

5. Loknath Sharma -do- Chair

6. Nar Bahadur Limboo -do- Drum

7. Padamlal Chettri -do- Clock

8. Partiman Chettri -do- Radio

8

________________________________________________________________________________________________________

1 2 3 4

_________________________________________________________________________________________________________ 9. Purna Lepcha -do- Flamming

10. Raj Bir Kami -do- Deer

11. Ram Chandra Chettri -do- Hand Pump

12. Tulshiram Sharma -do- Lock & Key

25. CHINGTHANG

i. Chingthang 1. Budhi Lal Limboo Chingthang Car

2. Maniraj Rai -do- Lock & Key

3. Nardhoj Limboo -do- Aeroplane

4. Sukram Limboo -do- Drum

5. Surya Kumar Rai -do- Radio

ii. Megyong 1. Acho Lepcha Megyong Pot

2. Dil Kumar Rai -do- Bucket

3. Man Bahadur Rai -do- Chair

4. Nanda Lal Rai -do- Deer

5. Rabi Chandra Rai -do- Tractor

6. Sano Rai -do- Lock & Key

26. SANGDORJI

i. Sangdorji 1. Bhim Bahadur Tamang Sangdorji Clock

2. Gargaman Rai -do- Chair

3. Harka Bahadur Gurung -do- Tractor

4. Ladup Lepcha -do- Goat

ii. Zeel 1. Birhkhasingh Rai Zeel Chair

2. Pintso Lepcha -do- Fish

iii. Hathidunga 1. Ajang Lepcha Hathidunga Clock

2. Devilal Chettri -do- Car

3. Man Bahadur -do- Hurricane

27. BUM RESHI

i. Bum 1. Dambur Singh Gurung Bum Aeroplane

2. Dechen Leppcha -do- Deer

3. Dhan Singh Lepcha -do- Chair

4. Lachu Lepcha -do- Car

5. Mandhoj Rai -do- Fish

ii. Reshi 1. Laden Bhutia Reshi Car

2. Maniraj Subba -do- Radio

3. Phurba Tshering Lepcha -do- Lock & Key

4. Sanchabir Subba -do- Chair

5. Sukdhoj Limboo -do- Fish

28. SAMDONG

i. Samdong 1. Ben Kumar Gurung Samdong Bucket

2. Dawa Thendup Bhutia -do- Aeroplane

3. Dawa Tshering Bhutia -do- Eagle about to fly

4. Dhan Bahadur Chettri -do- Radio

5. Gel Bahadur Subba -do- Pot

6. Harka Dhoj Subba -do- Drum

7. Lendup Dorjee Bhutia -do- Sewing Machine

8. Padma Limboo -do- Chair

ii. Sribadam 1. Ash Bahadur Limboo -do- Drum

2. Durga Singh Gurung -do- Chair

3. Januka Chettri -do- Car

4. Man Singh Limboo -do- Deer

5. Pema Lama -do- Goat

29. DEYTHANG

i. Deythang 1. Dal Bahadur Gurung -do- Bucket

2. Gamphu Bhutia -do- Railway Engine

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____________________________________________________________________________________________________________ 3. Ganesh Sharma -do- Aeroplane

4. Govind Sharma -do- Clock

5. Imlal Sharma -do- Radio

6. Lasom Bhutia -do- Car

7. Man Bahadur Gurung -do- Deer

8. Nim Tshering Bhutia -do- Eagle about to fly

9. Ongchu Bhutia -do- Fish

10. Punyamaya Sharma -do- Goat

11. Ram Bahadur Rai -do- Chair

ii.Parengaon 1. Budhiraj Rai Parengaon Railway Engine

2. Dhan Bahadur Gurung -do- Hand Pump

3. Dhan Bir Rai -do- Radio

4. Ganga Bir Rai -do- Aeroplane

5. Kheching Bhutia -do- Chair

6. Paden Bhutia -do- Clock

7. Rekging Bhutia -do- Lock & Key

8. Ruplal Gurung -do- Car

9. Tshering Pintso Bhutia -do- Eagle about to fly

30. THAKUTHANG

i. Thakuthang 1. Harka Man Mangar Thakuthang Chair

2. Manbir Rai -do- Clock

3. Man Maya Rana -do- Bucket

4. Nimchey Bhutia -do- Drum

ii.Chuchen 1. Dawtso Dong Chuchen Chair

2. Krishna Bahadur Dong -do- Cat

3. Man Bahadur Dong -do- Aeroplane

4. Phurden Dong -do- Railway Engine

5. Ratan Bahadur Dong -do- Bucket

6. Sonam Bhutia -do- Clock

7. Tek Bahadur Rai -do- Lock & Key

31. SULDONG KAMLING

i. Tinjerbong 1. Bir Bahadur Tamang Tinjarbong Aeroplane

2. Budhasingh Dong -do- Tractor

3. Gyatso Tshering Lepcha -do- Clock

4. Purna Bahadur Tamang -do- Flaming Torch

32.MABONG SIGENG

i. Mabong 1. Amber Bahadur Rai Mabong Bucket

2. Bharat Singh Rai -do- Fish

3. Jamuna Prasad Rai -do- Chair

4. Purtaman Rai -do- Aeroplane

5. Tikaman Rai -do- Clock

ii. Singeng 1. Budhiman Tamang Sigeng Chair

2. Dorjee Tamang -do- Radio

3. Man Bahadur Rai S/o

Santa Bahadur Rai -do- Clock

4. Man Bahadur Rai S/o

Santaman Rai -do- Hurricane Lamp

5. Shyam Kumar -do- Lock & Key

33.KHANISIRBONG

i. 1. Baliman Manger Khanisirbong Sparrow

2. Budhabir Limboo -do- Aeroplane

3. Dhanbir Subba -do- Flaming Torch

4. Ram Bahadur Rana -do- Clock

5. Tikaram Manger -do- Radio

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34. SAMSING GELLING

i. Samsing 1. Bal Bahadur Karki Samsing Fish

2. Gargaman Rai -do- Chair

3. Laxman Sharma -do- Pot

ii. Gelling 1. Dal Bahadur Rai Gelling Flaming Torch

2. Ganesh Kumar Rai Gelling Lock & Key

3. Govind Prasad Trwari -do- Clock

4. Ongchu Lepcha -do- Chair

5. Prem Kumar Chettri -do- Aeroplane

6. Purna Prasad Sanyasi -do- Car

7. Suk Bir Rai -do- Goat

35. CHOTA SAMDONG

i. Chota Samdong 1. Dhan Bahadur Gurung Chota Samdong Fish

2. Dhan Man Limboo -do- Bocket

3. Kaluman Limboo -do- Lock & Key

4. Meg Bir Limboo -do- Eagle about to fly

5. Sancha Bir Limboo -do- Deer

6. Sukdhoj Limboo -do- Clock

ii. Arubotey 1. Dew Bahadur Tamang Arubotey Radio

2. Man Bahadur Limboo -do- Drum

3. Son Bahadur Tamang -do- Pot

36. CHAKUNG

i. Chakung 1. Budhiman Dorjee Chakung Clock

2. Chandra Bahadur Mukhia Chakung Fish

3. Indra Gurung -do- Sewing Machine

4. Nar Bir Prithiwar -do- Aeroplane

5. Pharsaman Rai -do- Hurricane Lamp

6. Phur Tshering Lepcha -do- Eagle about to fly

7. Ramesh Kumar Pradhan -do- Flaming Torch

8. Ram Bahadur Gurung -do- Car

9. Tika Gurung -do- Lock & Key

38. MALBASEY

i. Malbasey 1. Aita Raj Limboo Malbasey Lock & Key

2. Bal Kumar Limboo -do- Fish

3. Bhakta Bahadur Basnet -do- Hurricane Lamp

4. Chandra Bahadur Rai -do- Aeroplane

5. Chitra Kumar Chettri -do- Clock

6. Duryadhan Rai -do- Flaming Torch

7. Gangadhar Khati -do- Chair

8. Giri Kumar Damai -do- Sewing Machine

9. Kama Bahadur Rai -do- Car

10. Pritiman Pradhan -do- Deer

39. SOREONG

ii. Soreong 1. Bal Dip Singh Soreong Pot

2. Bhaktabir Tamang -do- Car

3. Bharta Singh Limboo -do- Goat

4. Birkha Bahadur Limboo -do- Elephant

5. Budhilal Limboo -do- Two Leaves

6. Budhiman Tamang -do- Bucket

7. Champa Singh Tamang -do- Hand Pump

8. Chandra Bahadur Tamang -do- Railway Engine

9. Gauri Maya Gurung -do- Eagle about tofly

10. Kalusingh Limboo -do- Drum

11. Kama Singh Rai -do- Hurrican

12. Khusendra Thapa -do- Chair

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_____________________________________________________________________________________________________________ 13. Krishna Kumari Pradhan -do- Fish

14. Krishana Maya Pradhan -do- Sparrow

15. Krishna Kumari Rai -do- Sewing Machine

16. Laxmi Narayan -do- Lock & Key

17. Man Bahadur Chettri -do- Tractor

18. Pratap Singh Limboo -do- Clock

19. Ramesh Pradhan -do- Flaming Torch

20. Santi Martha Pradhan -do- Deer

21. Singh Bir Limboo -do- Radio

22 Tara Limboo -do- Aeroplane

40. SINGLING

i. Singling 1. Bhim Bahadur Tamang Singling Flaming Torch

2. Bir Bahadur Chetri -do- Aeroplane

3. Dhan Bahadur Tamang -do- Deer

4. Doney Bhutia -do- Bucket

5. Lal Bahadur Tamang -do- Chair

6. Phurba Dorjee Bhutia -do- Hurricane Lamp

7. Ran Bahadur Tamang -do- Radio

8. Sher Bahadur Subba -do- Clock

9. Sukman Tamang -do- Car

10. Santa Bahadur Ghising -do- Fish

41. TIMBURBONG

i.Timburbong 1. Chabilal Limboo Timburbong Fish

2. Chit Bahadur Chettri -do- Chair

3. Dharma Dutta Sharma. -do- Car

4. Gira Singh Karki -do- Bucket

5. Kedarnath Bhattarai -do- Aeroplane

6. Raman Kami -do- Hurricane Lamp

ii. Tarpu 1. Bhagiman Limboo Tarpu Radio

2. Bhaktadas Sharma -do- Lock & Key

3. Ganga Ram Pradhan -do- Fish

4. Naimna Singh Chettri -do- Car

5. Prem Bahadur Kami -do- Tractor

6. Pirthiman Limboo -do- Railway Engine

7. Purna Bahadur Limboo -do- Pot

42. DODAK-BURIHPOP

KHARTHOK

i. Dodak- Barikhop 1. Bhim Bahadur Chettri Dodak-Barikhop Clock

2. Budhiman Gurung -do- Radio

3. Dew Kumar Gurung -do- Hurricane Lamp

4. Dilliram Chettri -do- Goat

5. Kama Dhoj Sherpa -do- Aeroplane

6. Kuldip Gurung -do- Chair

7. Ran Singh Limboo -do- Car

43. RUMBUK

i. Rumbuk 1. Dilaram Pradhan Rumbuk Hurricane Lamp

2. Elaahang Limboo -do- Bucket

3. Janga Bahadur Chettri -do- Fish

4. Nahar Singh Subba -do- Clock


6. Rahar Singh Limboo -do- Chair

7. Sandey Sherpa -do- Lock & Key

8. Temba Sherpa -do- Radio ii. Rumbuk-Burikhop 1. Bhuwan Singh Lepcha Rumbuk-Burikhop Fish

2. Bishnu Kanta Sharma -do- Sewing Machine

3. Homnath Sharma -do- Car

4. Jit Bahadur Lepcha -do- Railway Engine

5. Passang Sherpa -do- Drum

6. Pemba Dorji Sherpa -do- Pot

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44. UPPER THAMBONG

i. Upper Thambong 1. Bir Bahadur Gadaily Upper Thambong Radio

2. Dal Bahadur Pradhan -do- Hurricane lamp

3. Da Narbu Sherpa -do- Fish

4. Harkamn Subba -do- Car

5. Lila Kumari Chettri -do- Goat

6. Malta Bahadur Subba -do- Chair

7. Man Bahadur Rai -do- Pot

8. Pemba Sherpa -do- Lock & Key

9. Prem Bahadur Subba -do- Eagle about to fly

10. Sunita Pradhan -do- Aeroplane

45. LOWER THAMBONG

i. Lower Daramdin 1. Dhan Bahadur Bhujel Lower Daramdin Aeroplane

2. Dhan Bahadur Newar -do- Hurricane lamp

3. Devi Prasad Chettri -do- Fish

4. Dew Narayan Sharma -do- Flaming Torch

5. Durga Prasad Chettri -do- Bucket

6. Goma Bhutia -do- Goat

7. Ishwari Maya Deokota -do- Clock

8. Jasney Limboo -do- Chair

9. Kami Doma Bhutia -do- Deer

10. Kawshila Sharma -do- Pot

11. Kharka Bahadur Darnal -do- Lock & Key

12. K.B. Pradhan -do- Car

13. Kharka Bahadur Subba . -do- Eagle about to fly

14. Long Bdr. Pradhan -do- Radio

15. Prem Kumar Pradhan -do- Sewing Machine

ii. Lower Thambong 1. Bahadur Subba Lower Thambong Eagle about to fly

2. Dhanbir Subba -do- Hurricane Lamp

3. Kul Bahadur Limboo -do- Car

4. Man Kumari Pradhan -do- Chair


i. Lungchok 1. Bal Bahadur Subba Lungchuk Deer

2. Damber Singh Subba -do- Clock

3. Gopilal Bhujel -do- Lock & Key

4. Indralal Sharma -do- Fish

5. Jasoda Sharma -do- Sewing Machine

6. Nanda Keser Sharma -do- Goat

7. Nar Bahadur Subba -do- Car

8. Ram Lal Chettri -do- Drum

9. Ratna Bahadur Bhujel -do- Chair

10. Shrilal Bhujel -do- Sparrow

11. Shriman Chettri -do- Aeroplane

ii. Sallyangdang 1. Ganga Pd. Chettri Sallyangdang Deer

2. Jangabir Bhujel -do- Lock & Key

3. Kul Bahadur Chettri -do- Sewing Machine

4. Lilaram Chettri -do- Fish

5. Pushpalal Chettri -do- Chair

6. Tikaram Sharma -do- Goat

47. SIKTAM-TIKPUR

i. Siktam 1. Durbasa Sharma Siktam Fish

2. Ratna Bahadur Bhattarai -do- Hurricane lamp

ii. Tikpur 1. Ang Rinzing Sherpa Tikpur Eagle

2. Ash Bahadur Rai -do- Bucket

3. Bhim Bahadur Limboo -do- Fish

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4. Bhim Raj Subba -do- Radio

5. Durga Prasad Rai -do- Chair

6. Harka Bahadur Rai -do- Clcok

7. Jaslal Subba -do- Flaming Torch

8. Lakpa Dorjee Sherpa -do- Goat

9. Maina Lal Rai -do- Aeroplane

10. Mingma Sherpa -do- Drum

11. Passang Lepcha -do- Lock & Key

12. Pern Tshering Sherpa -do- Hurricane Lamp

13. San Bahadur Limboo -do- Pot

14. Tarakala Rai -do- Deer

15. Yasoda Rai -do- Car

SOUTH DISTRICT

1. LINGI-PAIYONG

i. Lingi 1. Laximi Narayan Khanal Lingi block Tractor

2. Puchung Lepcha -do- Hurricane Lamp

3. Sonam Tshering Lepcha -do- Lock and Key

ii.Sokpay 1. Deo Raj Ghaley Sokpay block Aeroplane

2. Man Bahadur Gurung -do- Chair

3. Padam Singh Katwal -do- Railway Engine

4. Ram Prasad Nirola -do- Radio

iii.Lower Paiyong 1. Dilliram Sharma Lower Paiyong block Car

2. Ram Prasad Dhakal -do- Flaming Torch

2. LINGMO TOKDAY

i. Tokday 1. Bhuwan Singh Kharka Tokday block Drum

2. Dal Bahadur Karki -do- Hurricane Lamp

3. Hem Kumari Chettri -do- Lock & Key

4. Kubir Chettri -do- Bucket

5. Kul Bahadur Chettri -do- Clock

6. Kul Bahadur Limboo -do- Railway Engine

7. Prem Singh Subba -do- Deer

ii.Pepthang 1. Purna Bahadur Chettri Pepthang block Fish

2. Yanganath Bahun -do- Car

iii. Kolthang 1. Dhanmya Kharka Kolthang block Aeroplane

2. Ghana Shyam Sharma -do- Hurricane Lamp

3. Keshar Singh Darjee -do- Clock

4. Narapati Sharma " Lock & Key

5. Parsuram Sharma " Sewing Machine

6. Ramey Subba " Drum

7. Santi Kumar Basnet " Deer

8. Sarki Lepcha " Flaming Torch

3. NIYA-BRUM

i.Niya Brum 1. Balaram Chettri Niyabrum block Bucket

2. Bansidhar Chettri " Chair

3. Bishnu Bhakta Adhikari " Radio

4. Dilliram Chettri " Deer

5. Manohardas Bhandari " Drum

6. Teknath Sharma " Goat

7. Tila Chand Bahun " Flaming Torch

ii.Mangzim 1. Bharat Bahadur Chettri Mangzim block Fish

2. Gobinda Chettri " Drum

3. Pemba Lepcha " Car

4. Sarbajit Gurung " Clock

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4. YANGANG

i. Yangang 1. Chand' a Bahadur Basnet Yangang block Drum

2. Lall Bahadur Basnet " Fish

3. Ram Jeewan Gurung " Deer

4. Sonam Topgey Gyatso " Car

5. Sonam Topgyal Gensapa " Goat

6. Tekman Gurung " Clock

7. Top Tshering Bhutia " Chair

ii. Gagyong 1. Dapla Tshering Lepcha Gagyong block Aeroplane

2. Krishna Bahadur Rai " Chair

3. Nar Bahadur Gurung " Goat

4. Topden Pintso " Sparrow

5. Tshering Dadul Bhutia Fish

5. SRIPATAM NAMPHOK

i. Satam 1. Delman Rai Satam block Lock & Key

2. Karpu Tshering Bhutia -do- Car

3. Kaziman Rai -do- Drum

4. Mahabir Rai -do- Aeroplane

ii. Namphok 1. Dharam Bahadut Rai Namphok block Railway Engine

2. Kul Bahadur Limboo " Chair

3. Sivalall Sharma " Fish

4. Soviet man Chettri " Tractor

5. Taranidhi Sapkota " Goat

iii. Sripatam 1. Mahananda Dhakal Sripatam block Radio

2. Narapati Bahun " Eagle

3. Prakash Chandra Subba " Drum

4. Suk Bahadur Limboo " Goat

5. Tulshiram Sharma " Pot

6. RAVANG SANGMO

i. Ravang 1. Bal Bahadur Gurung Ravang block Goat

2. Budhiman Rai " Deer

3. Dow Phurba Sherpa " Clock & Key

4. Purna Bahadur Basnet " Eagle

5. Rabilal Gurung " Drum

ii. Sangmo 1. Ai Bahadur Chettri " Chair

2. Budhiman Rai " Goat

3. Dorjee Dazum Bhutia " Fish

4. Tashi Lendup Bhutia " Aeroplane

5. Topden Namcheykopa " Railway Engine

6. Tshering Dolma Bhutia " Pot

7. BERFUNG ZARONG

i. Berfung 1. Dawa Norbu Sherpa Berfung block Drum

2. Guman Singh Chettri " Tractor

3. Janga Bahadur Rai " Radio

4. Karma Chode Bhutia " Eagle about to fly

5. Padmawati Rai " Car

6. Pemar Wangchuk Bhutia " Clock&Key

7. Naku Bhutia " Aeroplane

ii. Zarong Biring 1. Pukman Chettri Zarong Biring Lock&Key

2. Tek Bir Rai " Deer

3. Tika Chandra Rai " Fish

iii. Deythang 1. Chandra Bahadur Chettri Deythang block Goat

2. Chayadhar Sherpa " Lock&key

3. Rup Lall Gurung " Clock

4. Tikaram Chettri " Chair

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___________________________________________________________________________________________________________ 13. Krishna Kumari Pradhan -do- Fish

14. Krlshana Maya Pradhan -do- Sparrow

15. Krlshana Kumari Rai -do- Sewing Machine

16. Laxmi Na ayan -do- Lock & Key

17. Man Bahadur Chettri -do- Tractor

18. Pratap Singh Limboo -do- Clock

19. Ramesh Pradhan -do- Flaming Torch

20. Santi Martha Pradhan -do- Deer

21. Singh Bir Limboo -do- Radio

22. Tara Limboo -do- Aeroplane

40. SINGLING

i. Singling 1. Bhim Bahadur Tamang Singling Flaming Torch

2. Bir Bahadur Chetri -do- Aeroplane

3. Dhan Bahadur Tamang -do- Deer

4. Doney Bhutia -do- Bucket

5. Lal Bahadur Tamang -do- Chair

6. Phurba Dorjee Bhutia -do- Hurricane Lamp

7. Ran Bahadur Tamang -do- Radio

8. Sher Bahadur Subba -do- Clock

9. Sukman Tamang -do- Car

41. TIMBURBONG

i.Timburbong 1. Chabilal Limboo Timburbong Fish

2. Chit Bahadur Chettri -do- Chair

3. Dharma Dutta Sharma. -do- Car

4. Gira Singh Karki -do- Bucket

5. Kedarnath Bhattarai -do- Aeroplane

6. Raman Kami -do- Hurricane Lamp

ii. Tarpu 1. Bhagiman Limboo Tarpu Radio

2. Bhaktadas Sharma -do- Lock & Key

3. Ganga Ram Pradhan -do- Fish

4. Naimna Singh Chettri -do- Car

5. Prem Bahadur Kami -do- Tractor

6. Pirthiman Limboo -do- Railway Engine

7. Purna Bahadur Limboo -do- Pot

42. DODAK-BURIHPOP KHARTHOK

i. Dodak- Barikhop 1. Bhim Bahadur Chettri Dodak-Barikhop Clock

2. Budhiman Gurung -do- Radio

3. Dew Kumar Gurung -do- Hurricane Lamp

4. Dilliram Chettri -do- Goat

5. Kama Dhoj Sherpa -do- Aeroplane

6. Kuldip Gurung -do- Chair

7. Ran Singh Limboo -do- Car

43. RUMBUK

i. Rumbuk 1. Dilaram Pradhan Rumbuk Hurricane Lamp

2. Elaahang Limboo -do- Bucket

3. Janga Bahadur Chettri -do- Fish

4. Nahar Singh Subba -do- Clock


6. Rahar Singh Limboo -do- Chair

7. Sandey Sherpa -do- Lock & Key

8. Temba Sherpa -do- Radio

ii. Rumbuk-Burikhop 1. Bhuwan Singh Lepcha Rumbuk-Burikhop Fish

2. Bishnu Kanta Sharma -do- Sewing Machine

3. Homnath Sharma -do- Car

4. Jit Bahadur Lepcha -do- Railway Engine

5. Passang Sherpa -do- Drum

6. Pemba Dorji Sherpa -do- Pot

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44. UPPER THAMBONG

i. Upper Thambong 1. Bir Bahadur Gadaily Upper Thambong Radio

2. Dal Bahadur Pradhan -do- Hurricane lamp

3. Da Narbu Sherpa -do- Fish

4. Harkamn Subba -do- Car

5. Lila Kumari Chettri -do- Goat

6. Malta Bahadur Subba -do- Chair

7. Man Bahadur Rai -do- Pot

8. Pemba Sherpa -do- Lock & Key

9. Prem Bahadur Subba -do- Eagle about to fly

10. Sunita Pradhan -do- Aeroplane

45. LOWER THAMBONG

i. Lower Daramdin 1. Dhan Bahadur Bhujel Lower Daramdin Aeroplane

2. Dhan Bahadur Newar -do- Hurricane lamp

3. Devi Prasad Chettri -do- Fish

4. Dew Narayan Sharma -do- Flaming Torch

5. Durga Prasad Chettri -do- Bucket

6. Goma Bhutia -do- Goat

7. Ishwari Maya Deokota -do- Clock

8. Jasney Limboo -do- Chair

9. Kami Doma Bhutia -do- Deer

10. Kawshila Sharma -do- Pot

11. Kharka Bahadur Darnal -do- Lock & Key

12. K.B. Pradhan -do- Car

13. Kharka Bahadur Subba . -do- Eagle about to fly

14. Long Bdr. Pradhan -do- Radio

15. Prem Kumar Pradhan -do- Sewing Machine

ii. Lower Thambong 1. Bahadur Subba Lower Thambong Eagle about to fly

2. Dhanbir Subba -do- Hurricane Lamp

3. Kul Bahadur Limboo -do- Car

4. Man Kumari Pradhan -do- Chair


i. Lungchok 1. Bal Bahadur Subba Lungchuk Deer

2. Damber Singh Subba -do- Clock

3. Gopilal Bhujel -do- Lock & Key

4. Indralal Sharma -do- Fish

5. Jasoda Sharma -do- Sewing Machine

6. Nanda Keser Sharma -do- Goat

7. Nar Bahadur Subba -do- Car

8. Ram Lal Chettri -do- Drum

9. Ratna Bahadur Bhujel -do- Chair

10. Shrilal Bhujel -do- Sparrow

11. Shriman Chettri -do- Aeroplane

ii. Sallyangdang 1. Ganga Pd. Chettri Sallyangdang Deer

2. Jangabir Bhujel -do- Lock & Key

3. Kul Bahadur Chettri -do- Sewing Machine

4. Lilaram Chettri -do- Fish

5. Pushpalal Chettri -do- Chair

6. Tikaram Sharma -do- Goat

47. SIKTAM-TIKPUR

i. Siktam 1. Durbasa Sharma Siktam Fish

2. Ratna Bahadur Bhattarai -do- Hurricane lamp

ii. Tikpur 1. Ang Rinzing Sherpa Tikpur Eagle

2. Ash Bahadur Rai -do- Bucket

3. Bhim Bahadur Limboo -do- Fish

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4. Bhim Raj Subba -do- Radio

5. Durga Prasad Rai -do- Chair

6. Harka Bahadur Rai -do- Clcok

7. Jaslal Subba -do- Flaming Torch

8. Lakpa Dorjee Sherpa -do- Goat

9. Maina Lal Rai -do- Aeroplane

10. Mingma Sherpa -do- Drum

11. Passang Lepcha -do- Lock & Key

12. Pern Tshering Sherpa -do- Hurricane Lamp

13. San Bahadur Limboo -do- Pot

14. Tarakala Rai -do- Deer

15. Yasoda Rai -do- Car

SOUTH DISTRICT

1. LINGI-PAIYONG

i. Lingi 1. Laximi Narayan Khanal Lingi block Tractor

2. Puchung Lepcha -do- Hurricane Lamp

3. Sonam Tshering Lepcha -do- Lock and Key

ii.Sokpay 1. Deo Raj Ghaley Sokpay block Aeroplane

2. Man Bahadur Gurung -do- Chair

3. Padam Singh Katwal -do- Railway Engine

4. Ram Prasad Nirola -do- Radio

iii.Lower Paiyong 1. Dilliram Sharma Lower Paiyong block Car

2. Ram Prasad Dhakal -do- Flaming Torch

2. LINGMO TOKDAY

i. Tokday 1. Bhuwan Singh Kharka Tokday block Drum

2. Dal Bahadur Karki -do- Hurricane Lamp

3. Hem Kumari Chettri -do- Lock & Key

4. Kubir Chettri -do- Bucket

5. Kul Bahadur Chettri -do- Clock

6. Kul Bahadur Limboo -do- Railway Engine

7. Prem Singh Subba -do- Deer

ii.Pepthang 1. Purna Bahadur Chettri Pepthang block Fish

2. Yanganath Bahun -do- Car

iii. Kolthang 1. Dhanmya Kharka Kolthang block Aeroplane

2. Ghana Shyam Sharma -do- Hurricane Lamp

3. Keshar Singh Darjee -do- Clock

4. Narapati Sharma " Lock & Key

5. Parsuram Sharma " Sewing Machine

6. Ramey Subba " Drum

7. Santi Kumar Basnet " Deer

8. Sarki Lepcha " Flaming Torch

3. NIYA-BRUM

i.Niya Brum 1. Balaram Chettri Niyabrum block Bucket

2. Bansidhar Chettri " Chair

3. Bishnu Bhakta Adhikari " Radio

4. Dilliram Chettri " Deer

5. Manohardas Bhandari " Drum

6. Teknath Sharma " Goat

7. Tila Chand Bahun " Flaming Torch

ii.Mangzim 1. Bharat Bahadur Chettri Mangzim block Fish

2. Gobinda Chettri " Drum

3. Pemba Lepcha " Car

4. Sarbajit Gurung " Clock

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4. YANGANG

i. Yangang 1. Chand' a Bahadur Basnet Yangang block Drum

2. Lall Bahadur Basnet " Fish

3. Ram Jeewan Gurung " Deer

4. Sonam Topgey Gyatso " Car

5. Sonam Topgyal Gensapa " Goat

6. Tekman Gurung " Clock

7. Top Tshering Bhutia " Chair

ii. Gagyong 1. Dapla Tshering Lepcha Gagyong block Aeroplane

2. Krishna Bahadur Rai " Chair

3. Nar Bahadur Gurung " Goat

4. Topden Pintso " Sparrow

5. Tshering Dadul Bhutia Fish

5. SRIPATAM NAMPHOK

i. Satam 1. Delman Rai Satam block Lock & Key

2. Karpu Tshering Bhutia -do- Car

3. Kaziman Rai -do- Drum

4. Mahabir Rai -do- Aeroplane

ii. Namphok 1. Dharam Bahadut Rai Namphok block Railway Engine

2. Kul Bahadur Limboo " Chair

3. Sivalall Sharma " Fish

4. Soviet man Chettri " Tractor

5. Taranidhi Sapkota " Goat

iii. Sripatam 1. Mahananda Dhakal Sripatam block Radio

2. Narapati Bahun " Eagle

3. Prakash Chandra Subba " Drum

4. Suk Bahadur Limboo " Goat

5. Tulshiram Sharma " Pot

6. RAVANG SANGMO

i. Ravang 1. Bal Bahadur Gurung Ravang block Goat

2. Budhiman Rai " Deer

3. Dow Phurba Sherpa " Clock & Key

4. Purna Bahadur Basnet " Eagle

5. Rabilal Gurung " Drum

ii. Sangmo 1. Ai Bahadur Chettri " Chair

2. Budhiman Rai " Goat

3. Dorjee Dazum Bhutia " Fish

4. Tashi Lendup Bhutia " Aeroplane

5. Topden Namcheykopa " Railway Engine

6. Tshering Dolma Bhutia " Pot

7. BERFUNG ZARONG

i. Berfung 1. Dawa Norbu Sherpa Berfung block Drum

2. Guman Singh Chettri " Tractor

3. Janga Bahadur Rai " Radio

4. Karma Chode Bhutia " Eagle about to fly

5. Padmawati Rai " Car

6. Pemar Wangchuk Bhutia " Clock&Key

7. Naku Bhutia " Aeroplane

ii. Zarong Biring 1. Pukman Chettri Zarong Biring Lock&Key

2. Tek Bir Rai " Deer

3. Tika Chandra Rai " Fish

iii. Deythang 1. Chandra Bahadur Chettri Deythang block Goat

2. Chayadhar Sherpa " Lock&key

3. Rup Lall Gurung " Clock

4. Tikaram Chettri " Chair

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8. BEN-NAMPRIK

i. Ben 1. Bag Bir Rai Ben block Aeroplane

2. Dhan Bahadur Chettri " Deer

3. Durga Singh Roka " Fish

4. Sonam Bhutia " Drum

5. Sonam Gyatso Kaleon " Lock and Key

6. Tikaram Chettri " Goat

9. TARKU TANAK

i. Tarku 1. Birkha Bahadur Kamar Tarku Chair

2. Karma Bhutia " Lock and Key

3. Laximi Devi Sharma " Pot

4. Nar Bahadur Cintury " Tractor

5. Purna Bahadur Chettri " Sewing Machine

6. Sashidhar Sharma " Flaming Torch

ii.Tanak 1. Dhan Bahadur Darjee Tanak Chair

2. Dilli Bahadur Baniya " Aeroplane

3. Man Bahadur Poudyal " Clock

4. Man Bahadur Tiwari " Bucket

5. Passang Bhutia " Hurricane Lamp

10.TEMI

i.Temi 1. Chet Kumar Pradhan Temi block Tractor

2. Lila Ram Poudyal " Clock

3. Tanka Narayan Pradhan " Sparrow

11.NAMPHING TOKAL

i. Tokal 1. Jagat Bahadur Subba Tokal Car

2. Phurgey Lepcha " Lock and Key

3. Takendra Sharma " Aeroplane 12. BERMIOK

i.Challamthang 1. Bhuwani Sankar Sharma Challam hang Clock

2. Dil Das Chettri " Sewing Machine

3. Ratnalal Sharma " Car

ii.Bermiock 1. Gyalden Sherpa Bermiock Car

2. Lal Dass Tamang " Hurrican Lamp

3. Nima Tenji Sherpa " Clock

13.RAMENG NIZRAMENG

i.Burul 1. Gopal Dass Chettri Burul Clock

2. Man Bahadur Rai " Deer

14. PERBING

i.Phong(Phong) 1. Dal Bahadur Dahal Phong Clock

2. Rabi Chandra Chettri " Radio

15. KAREK KABREY

i.Karek 1. Bal Bahadur Subba Karek Aeroplane

2. Dal Bahadur Rai " Lock and Key

3. Ser Bahadur Chettri " Fish

ii.Kabrey 1. Ash Bahadur Limboo Kabrey Radio

2. Dhan Bahadur Tamang " Chair

3. Padamlal Dahal " Railway Engine

4. Parsuram Pradhan " Aeroplane

5. Pema Tshering Lepcha " Car

6. Phurjang Lepcha " Clock

16. NAGI MANEYDARA

ii.Nagi 1. Bir Bahadur Chettri Nagi Lock & Key

2. Dorjey Tamang -do- Clock

3. Lila Prasad Sharma -do- Car

4. Nor Tshering Lepcha -do- Hurricane Lamp

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ii. Maneydara 1 . Devendra Prasaad Dahal Maneydara Fish

2. Dhanapati Chalisay -do- Railway Egine

3. Gopi Krishna Misra -do- Chair

4. Netra Kumar Pradhan -do- Radio

5. Syamlal Misra -do- Lock and Key

17. PAMPHOK

i. Pamphok 1. Kabi Prakash Nirula Pamphok Clock

2. Padamlal Sankar -do- Lock &Key

3. Prithilal Rai -do- Goat

ii. Kateng Bokrang 1. Aitasingh Tamang Kateng Bokrang Railway Engine

2. Billey Thing -do- Lock &Key

3. Kulman Tamang -do- Chair

4. Lal Bir Bomjan -do- Clock

5. Man Bahadur Manger -do- Car

6. Rup Bahadur Manger -do- Aeroplane

7. Til Bahadur Tamang. -do- Radio

iii. N.alam Kolbong 1. Aita Rani Subba Nalam Kolbong Clock

2. Bhim Bahadur Pradhan -do- Hurricane lamp

3. Birman Biswakrma -do- Car

4. Jabarjit Bhujel -do- Eagle about to fly

5. Laxmi Prasad Pradhan -do- Aeroplane

6. Pratap Singh Bomzen -do- Tractor

18. TURUNG

i. Turung 1. Bi Bahadur Bomjan Turung Clock

2. Damber Singh Pradhan -do- Railway Engine

3. Ichharam Acharya -do- Bucket

4. Laxmi Prasad Kharel -do- Radio

Krishna Prasad Silwal

S/o Rabi Chandra -do- Lock&Key

6. Krishna Prasad Silwal

S/o Ram Chandra -do- Deer

7. Narchok Lepcha -do- Eagle about to fly

8. Tikanath Silwal -do- Fish

ii. Kanamtek 1. Bal Bahadur Rai Kanamtek Clock

2. Chotok Lepcha -do- Aeropiane

3. Mohan Singh Rai Kanamtek Lock & Key

20. RATEYPANI

i. Rabikhola 1. Harka Bahadur Rai Rabikhola Hurricane lamp

2. Mani Kumar Rai Rabikhopla Aeroplane

ii. Rateypani 1. Debi Prasad Chhetri Rateypani Aeroplanne

2. Krishan Bahadur Rai -do- Hurricane lamp

3. Tilak Pradhan -do- Fish

4. Tikaram Chhetri Rateypani Chair

iii. Rabitar 1. Prem Singh Limbu Rabitar Chair

2. Ram Prasad Basnet -do- Aeroplane

21. SADAM

i. Sadam 1. Bhim Bahadur Gurung Sadam Hurricane Lamp

2. Garjaman Gurung -do- Aeroplane

3. Jas Bir Limbu -do- Car

4. Santa Bir Khulal -do- Railway Engine

5. Ser Bahadur Kharka -do- Chair

ii. Sukbarey 1. Dilliram Basnet Sukbarey Chair

2. Jit Man Rai Sukbarey Aeroplane

3. Shyam Das Gurung -do- Clock

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22. SUNTALEY PAIYONG

i.Suntaley 1. Amber Bahadur Pradhan Suntaley Aeroplene

2. Bhakta Bahadur Basnet -do- Railway Engine

3. Bhuan Singh Khulal -do- Chair

4. Dharamadas Pradhan -do- Clock

5. Megh Bahadur Sutar -do- Goat

6. Pem Tshering Lepcha -do- Radio

23 .MELLIDARA

i.Mellidara 1. Gokul Rai Mellidara Chair

2. Jas Bahadur Rai -do- Deer

3. Krishna Bahadur -do- Drum

4. Man Bahadur Tamang -do- Flaming Torch

5. Tilak Bahadur Mellidara Clock

6. Santabir Tamang -do- Car

ii.Kerabari (MelliBazar) 1. Ash Bahadur Rai Kerabari Drum

2. Ansuman Rai Melli Bazar Sewing Machine

3. Bir Bahadur Chettri Kerabari Car

4. Chandra Jyoti Pradhan -do- Flaming Torch

5. Jawahar Prasad Melli Bazar Chair

6. Kali Prasad Rai Melli Bazar Sparrow

7. Kishan Kumar Melli Bazar Tractor

8. Mulchand Lakhotia -do- Clock

9. Pirthipal Rai Kerabari Lock & Key

10. Rabi Dhoj Chettri -do- Bucket

11. Tenzing Bhutia Melli Bazar Aeroplane

24. TURUK-RAMABONG

i.Turuk 1. A. Namchu Turuk Deer

2. Bhuwan das Rai -do- Fish

3. Lal Das Rai -do- Motor Car

4. Pahalman Rai -do- Clock

5. Sonam Tshering -do- Flaming Torch

ii. Ramabong

1. Bhim Singh Pradhan Ramabong Aeroplane

2. Chatra Bahadur Manger -do- Car

3. Jagat Ram Pradhan -do- Chair

4. Nandalal Manger Ramabong Fish

5. Ram Prasad Sharma -do- Deer

iii. Pachgharey 1. Bhakta Bahadur Rai Panchgharey Chair

2. Gauriraj Pradhan -do- Deer

3. Ram Prasad Tamang -do- Clock

25. LUNGCHOK-KAMERY

i. Lungchok 1. Basuk Lepcha Lungchok Drum

2. Kharga Bahadur Gurung -do- Chair

3. Nima Galjey Sherpa -do- Hurricane Lamp

4. Prem Bahadur Manger -do- Aeroplane

ii.Kamery 1. Bhuwan Prasad Rat Kamery Hurricane Lamp

2. Chandra Man Rai -do- Chair

3. Dhan Man Manger -do- Fish

4. Dha Raj Rai -do- Flaming Torch

5. Nar Bahadur Rai -do- Clock

6. Purna Kumari Rai -do- Railway Engine

7. Ran Bahadur Rai -do- Radio

26. SUMBUK KARTIKAY

i. Sumbuk 1. Bir Bahadur Darjee Sumbuk Hurricane Lamp

2. Dew Bahadur Chettri -do- Car

3. Pooran Giri -do- Pot

4. Rabilal Bhujel -do- Fish

5. Sailesh Chandra Pradhan -do- Clock

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ii. Kartikey 1. Balaram Chhetri Kartikey Flaming Torch

2. Chabilal Chhetri -do- Car

3. Dal Bahadur Lohar -do- Chair

4. Devi Prasad Pradhan -do- Fish

5. Girish Chandra Rai -do- Sewing Machine

6. Kashinath Sharma -do- Hurricane Lamp

iii. Suntaley (Sumbuk) 1. Karna Bahadur Rai Suntaley Clock

2. Premkit Lepcha -do- Lock &Key

3. Tek Bahadu Rai -do- Deer

27. RONG BULL

i. Rong 1. Budha Raj Rai Rong Railway Engine

2. Bhim Narayan Gurung Rong Chair

3. Indra Bahadur Rai -do- Car

4. Norjang Lepcha -do- Flaming Torch

5. Padam Bahadur Manger -do- Sprrow

ii. Bull 1. Bom Bahadur Gurung Bull Aeroplane

2. Laxman Gurung -do- Fish

3. Man Singh Thapa -do- Clock

28. MANIRAM PHALIDARA

i. Maniram 1. Abirman Tamang Maniram Clock

2. C.D. Gurung -do- Car

3. Jas Bahadur Tamang -do- Radio

ii. Phalidara 1. Dhanbir Tamang Phalidara Fish

2. Pema Lama -do- Chair

3. Rajbir Rai -do- Clock

4. Tobgey Bhutia -do- Aeroplane

29. SINGITWANG

i. Singithang 1. Bhakta Bahadur Chettri Shagithang Fish

2. Chandra Prasad Sharma -do- Aeroplane

3. Chitaman Rai -do- Clock

4. D.B. Chettri -do- Chair

5. Deo Prasad Rai -do- Hurricane lamp

6. Kharga Bahadur Chettri -do- Drum

7. Surendra Rai -do- Lock&Key

ii. Kopchey 1. Bir Bahadur Rai Kopchey Clock

2. Hastu Das Rai -do- Lock&Key

3. Kharu Rai -do- Deer

4. Padam Dhoj Rai -do- Aeroplane

5. Saharman Rai -do- Radio

30. MAMLEY KAMRANG

i, Kamrang 1. Ashbir Subba Kamrang Chair

2. Bhim Bahadur Rai -do- Fish

3. Bhim Bahadur Rai -do- Clock

4. Kharga Bahadur Manger -do- Hurricane lamp

5. Manbir Tamang -do- Aeroplane

6. Mahendra Kumar Rai -do- Flaming Torch

7. Sambudas Rai -do- Car

ii. Mamley 1. Dawa Tamang Mamlay Goat

2. Ganga Prasad Chettri -do- Radio

3. Hari Bahadur Rai -do- Car

4. Kabiraj Thapa -do- Clock

5. Khamb Singh Tamang -do- Bucket

6. Nar Man Tamang -do- Pot

7. Padam Singh Manger -do- Eagle about to fly

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iii.Tingrithang 1. Amber Bahadur Rai Tingrithang Chair

2. Bhupel Chamling -do- Bucket

3 .Bir Bahadur Rai -do- Lock & Key

31.ASSANGTHANG

i.Assangthang 1. Bhagirath Sharma Assangthang Car

2. Dhan Bahadur Manger -do- Lock& Key

3. Lal Bahadur Chettri -do- Chair

4 .Nar Bahadur Chettr -do- Hand pump

5. Nanda lall Sharma -do- Clock

6. Ram Kumar Rai -do- Goat

7. Ram Prasad Manger -do- Aeroplane

ii.Sangbong 1. Dhan Bahadur Tamang Sangbong Deer

2. Garjaman Rai -do- Fish

3. Kabiman Thapa -do- Bucket

4. Krishna Bahadur Pradhan -do- Hurricane lamp

5. Narja Bhutia -do- Eagle about to fly

6. Rikji Bhutia -do- Car

7. Tashi Bhutia -do- Lock & Key

8. Tikaram Sharma -do- Clock

32. SALGHARI

i.Dhargoan 1. Chabi Lall Manger Dhargoan Goat

2. Paduman Rai -do- Aeroplane

33. POLOK-DENCHUNG

i. Chisopani 1. Humaney Rai Chisopani Chair

2. Krishna Bahadur Rai -do- Aeroplane

3. Tulsidas Rai -do- Bucket

ii. Poklok 1. Abi Chandra Sharma Poklok Car

2 . Bom Bahadur Chettri -do - Fish

3. Lila Kumar Rai -do- Clock

5. Partima Rai -do- Aeroplane

iii.Denchung 1 Dhan Bahadur Subba Denchung Chair

2. Ongdup Lepcha -do- Car

3. Ser Bahadur Rai -do- Clock

iv. Tinek 1. Bishnu Bhakta Pradhan Tinek Fish

2. Dirga Bahadur Subba -do- Chair

3. Ram Bahadur Chettri -do- Clock

34. DAMTHANG

i. Deo 1. Nima Sherpa Damthang Deer

2. Pema Thendup Bhutia -do- Lock& Key

3. Rinzing Dorjee Sherpa -do- Chair

35. SOROK-SYAMPANI

i.Sorok 1. Bhawani Prasad Pradhan Sorok Radio

2. Doulat Singh Rai -do- Clock

3. Ganga Prasad Limboo -do- Chair

ii.Gom 1. Dawa Tshering Tamang Kitam Bucket

2. Karna Bahadur Rai Kitam Clock

3. Man Bahadur Rai Gom Chair

4. Nanda Lall Bahun -do- RailwayEngine

5. Santosh Bhujel -do- Deer

36. MIKKHOLA

i.Kitam 1. Bhuwan Singh Bhujel Kitam Deer

2. Budhiman Darnal -do- Sewing Machine

3. Krishna Prasad Subba -do- Aeroplane

4. Lal Bahadur Pradhan -do- Bucket

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5. Maharman Subba -do- Goat

6. Nardhoj Limboo -do- Lock & Key

7. Tilak Kumar Mukhia -do- Chair

ii. ii. Manpur 1. Bal Bahadur Tamang Kitam Chair

2. Jit Bahadur Tamang -do- Bucket

37. WOK-OMCHU

i. Omchu 1. Dhanman Rai Omchu Radio

2. Dup Tshering Lepcha Rabong Aeroplane

3. Krishna Bahadur Rai Rabong Chair

4. Sarjit Rai Omchu Pot

ii. Rabong 1. Manjit Rai Namchi Sewing Machine

2. Padam Bahadur Rai . BPOWok Table Clock

3. Sonam Tshering Bhutia BPOWok Aeroplane

4. Tilak Chand Gurung BPOWok Car

iii. Chumlok 1. BirDhoj Rai BPOWok Eagle about to fly

2. Indra Bahadur Rai -do- Railway Engine

3. Kam Tshering Lepcha -do- Chair

4. Ongyal Lepcha -do- Hurricane Lamp

iv. Wok 1. Bir Bahadur Manger -do- Chair

2. Deuraj Gurung -do- Goat

3. Nar Bahadur Thapa -do- Clock

4. Nima Calbin Targain -do- Flaming Torch

5. Nima Chyogain Lepcha -do- Aeroplane

39. RAYONG

i. Rayong 1. Dal Bahadur Chettri Rayong Goat

2. Gorak Bhutia -do- Chiar

3. Kami Bhutia -do- Drum

4. Narbu Tshering Bhutia -do- Hurricane Lamp

5. Sonam Gyatso Bhuita -do- Clock

ii. Lamaten 1. Lakpa Sherpa Kewzing Chair

2. Nandu Rai Lamaten Fish

3. Purna Bahadur Limboo -do- Clock

iii. Tingmo 1. Chandra Man Bhatarai Tingmo Aeroplane

2. Dal Bahadur Gurung -do- Clock

3. Dhan Bir Gurung -do- Car

4. Dil Bahadur Limboo -do- Chair

5. Krishna Bahadur Chettri -do- Pot

6. Pemba Tshering Lepcha -do- Lock & Key

7. Purna Bahadur Limboo -do- Radio

40. KEWZING BAKHIM

i Bakhim 1. Dawa Narbu Bakhim Deer

2. Lendup Bhutia -do- Lock &Key

3. Mingma Sherpa -do- Chair

4. Ninda Bhutia -do- Aeroplane

ii. Mangbrue 1. Chang Yang Lepcha Mangbrue Chair

2. Jagar Bahadur Chettri -do- Clock

iii. Dalep 1. Dil Bahadur Rai Dalep Clock

2. Jitman Rai -do- Aeroplane

3. Loden Bhutia -do- Chair

41. LEGSHIP-HINGDAM

i. Hingdam 1. Angdup Lepcha Hingdam Chair

2. Phurba Sherpa -do- Car

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1. Dhan Bahadur Chettri Legship Tractor

2. Harkaman Kami -do- Chair

3. Karma Tshering Lepcha -do- Aeroplane

4. Kharga Bahadur Rai -do- Sparrow

5. Kul Bahadur Chettri -do- Lock & Key

6. Prem Lall Chettri -do- Radio

7. Tikaram Barakoti Chettri -do- Fish

1. Gorayman Chettri Ralong Flaming Torch

2. Premgey Tshering Bhutia -do- Chair

3. Sanju Maya Rai -do- Car

1. Amrit Man Rai Polot Sparrow

2. Bharat Singh Pradhan -do- Goat

3. Gopal Singh Pradhan -do- Flaming Torch

4. Pahalman Pradhan -do- Hurricane Lamp

5. Prithiman Rai -do- Deer

1. Amrit Bahadur Gurung Brong Deer

2. Lok Bahadur Gurung -do- Eagle about to fly

3. Lall Bahadur Gurung -do- Bucket

4. Mitralall Gurung -do- Lock & Key 5.

5.Ram Pradhan -do- Aeroplane

6. Sukraj Limbo -do- Clock

7. Tshering Bhutia -do- Goat

1. Durga Bahadur Gurung Sada Deer

2. Purna Bahadur Rai Brong Pot

EAST DISTRICT

1. Ashbir Rai West Pendam Chair

2. Dal Bahadur Chettri -do- Bucket

3. Dataram Katel -do- Sparrow

4. Gyan Bahadur Chettri -do- Goat

5. Hem Kumari Limbu -do- Fish

6. Karma Lepcha -do- Eagle about to fly

7. Man Bahadur Sewa -do- Hurricane Lamp

8. Manorath Bhattarai -do- Drum

9. Muktabir Rai -do- Lock and Key

10. Nar Bahadur Sewa -do- Clock

11. Padam Lal Subedi -do- Aeroplane

12. Pravakar Pokhrel -do- Radio

13. Sher Bahadur Rai -do- Car

14. Som Bahadur Rai -do- Flaming Torch

15. Tikaram Dahal -do- Hand Pump

16. Tikaram Darjee -do- Pot

1. Bishnu Prasad Dungal S.M.C. Area Tractor

2. Churamani Dhakal -do- Aeroplane

3. Durga Devi Sharma -do- Deer

4. Ganga Devi Sharma -do- Chair

5. Krishna Prasad Dhakal -do- Hurricane Lamp

6. Lalita Devi Chettri -do- Sewieg Machine

7. Mitra Lal Sharma -do- Clock

8. Somnath Dhakal -do- Lock and Key

9. Tikalal Sharma -do- Car

10. Thalaram Khanal -do- Radio

ii.Legship

42. RALONG-NAMLUNG

i.Ralong

43. BRONG

i. Polot

ii.Brong

44. SADA-PHAMTAM

i. Sada

1. WEST PENDAM

i.West Pendam

2. CENTRAL PENDAM

i.Central Pendam

(S.M.C.Area)

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ii.Sajong 1. Acheya Bhutia Sajong Bucket

2. Balabhadra Khatiwada -do- Deer

3. Bharatal Khatiwada -do- Aeroplane

4. Gopal Prasad Rai -do- Fish

5. Man Bahadur Rai -do- Chair

6. Ram Lal Khatiwada -do- Car

7. Rabilal Dulal -do- Goat

8. Singhi Namgyal Kazi -do- Clock

3.EAST PENDAM

i. East Pendam 1. Chabilal Khatiwada East Pendam Chair

2. Jai Kumar Bhandari -do- Car

3. Man Maya Bhandari -do- Flaming Torch

4. Phauda Singh Tamang -do- Clock

ii. Kamere-Basme 1. Ari Narayan Sharma Kamere Basme Railways Engine

2. Bishnu Kumar Sharma -do- Deer

3. Dadiram Sharma -do- Clock

4. Devi Prasad Giri -do- Aeroplane

5. Kalawati Rai -do- Sewing Machine

6. Laxminarayan Sharma -do- Car

7. Ram Prasad Chettri -do- Pot

8. Santa Bahadur Tamang -do- Chair

iii.Pachak 1. Dal Bahadur Rai Pachak Chair

2. Padam Bahadur Rai -do- Drum

3. Pempa Bhutia -do- Radio

4.SUMIN LINGZIY

i.Sumin 1. Akhey lama Sumin Lock&Key

2. Hangu Bhutia -do- Flaming Torch

3. Sonam Bhutia -do- Drum

4. Surjyaman Gurung -do- Hand Pump

5.Topgay Bhutia -do- Car

5. NAMCHEYBONG

i.Namcheybong 1.Bhawan Singh Subba Namcheybong Clock

2. Bir Bahadur Gurung " Fish

3. Chandra Bahadur Gurung " Huraicane Lamp

4. Lopzong Lepcha " Railway Engine

5. Man Bahadur Basnet " Car

6. Milan Kumar Tamang " Deer

7. Nima Tshering Lepcha " Chair

8. Phaleydong Lepcha " Pot

9. Prem Kumar Yonzon " Lock & Key

10. Ratna Bahadur Basnet " Tractor

11. Rup Raj Rai " Radio

6. PAKYONG

i.Karthok 1.Damber Singh Subba Karthok Flaming Torch

2. Pema Namgyal Kazi " Eagle about to fly

3. Pintso Gyalpo Kazi " Car

4. Sakatey Subba " Goat

5. Tularam Sharma " Clock

ii.Dikling 1. Chabilal Adhikari Dikling Car

2. Dawa Bhutia " Aeroplane

3. Ganga Bahadur Pradhan " Clock

iii. Challamthang 1. Dilliram Nepal Challamthang Flaming Torch

2. Krishna Prasad " Clock

3. Krishna Prasad Pokhrel " Hurricane lamp

4. Mohan Prasad Dahal " Radio

5. Narad Mani " Car

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1. Indralal Sharma Dikling Pacheykhani Clock

2. Namgey Bhutia " Car

3. Somnath Sharma " Hurricane Lamp

1. Hari Mohan Manger Lossing Flaming Torch

2. Thakur Prasad Pyakurel " Car

1. Bhawani Shanker Pacheykhani Car

2. Bhopal Singh Chettri " Goat

3. Dhan Bahadur Sewa " Bucket

4. Keshar Pradhan " Aeroplane

5. Onchu Bhutia " Chair

6. Rup Narayan Pradhan " Lock and Key

7. Shiva Bhakta Sharma " Radio

8. Surja Kumar Pradhan " Fish

1. Hari Maya Sharma Changey Senti Radio

2. Rinzing Dorjee " Hurricane Lamp

3. Tek Bahadur Gurung " Aeroplane

1. Babulal Gurung Pachey-samsing Aeroplane

2. Dilliram Regmi " Lock and Key

3. Garja Bahadur Gurung " Car

4. Jamyang Bhutia " Radio

5. Makarnanda Sharma " Eagle about to fly

6. Man Dhoj Gurung " Deer

7. Man Kumar Basnet " Chair

8. Tseten Bhutia " Fish

9. Wangel Sherpa . " Clock

1. Dhanapati Sharma Aho-Yangtham Radio

2. Garjaman " Clock

3. Nandu Raj Subba " Drum

4. Padam Bahadur Subba " Car

5. Pasupati Bastola " Chair

6. Prem lal Sharma " Aeroplane

7. B.B. Subba " Pot

8. Syamlal Sharma " Flaming Torch

1. Chandralal Luitel Taza Fish

2. Devi Bahadur " Car

3. Indra Bahadur Chettri " Chair

4. Jitman Tamang " Lock and Key

5. Karna Bahadur Tamang . " Aeroplane 6. Nandalal Ghimerey " Radio

7. Rudra Prasad Dulal " Deer

8. Tshering Lepcha " Clock

9. Tularam Sharma " Flaming Torch

1. Bhanu Bhakta Amba Sparrow

2. Bhim Bahadur Mishra " Clock

3. Chandra Sharma " Lock and Key

4. Cheyong Lepcha " Bucket

5. Hari Prasad Sharma " Goat

6. Kharnanda Dahal " Deer

7. Lok Bahadur " Radio

8. Nak Tshering Bhutia " Fish

9. Nandalal Dulal " Hurricane Lamp

10. Soma Dutta " Car

11. Tikaram Adhikari " Flaming Torch

7. PACHEYKHANI

i.Dikling Pacheykhani

ii. Lossing

iii.Pacheykhani

8. AHO-YANGTAM

i. Changry-Senti

ii.Pacheykhani

iii.Aho-Yangtam

9. TAZA-AMBA

i.Taza

ii.Amba

_________________________________________________24__________________________________________________________

1 2 3 4

____________________________________________________________________________________________________________

25

iii. Terethang 1. Chandra Bahadur Rijal Terethang Goat

2. Krisha Bahadur Sunar " Radio

3. Kunta Devi Adhikari " Sewing Machine

4. Nandalal Adhikari " Railway Engine

5. Shivalal Ghimerey " Car

6. Tara Prasad Bhattarai " Deer

7. Tilarupa Sharma " Aeroplane

10. L1NKEY-THEKABONG

i. Linkey 1. Lako Bhutia Linkey Car

2. Mitralal Bastola " Fish

3. Rinzing Dorjee " Lock & Key

4. Saluk Lama " Aeroplane

5. Tasho Bhutia " Deer

ii. Thekabung 1. Chabilal Chettri Thekabung Clock

2. Chandralal Pokhrel " Goat

3. Nandalal Shrama " Car

iii. Biring 1. Desh Bahadur Limboo Biring Sewing Machine

2. Hari Prasad Sharma " Chair

3. Kashinath Sharma " Aeroplane

4. Ratnalal Sharma " Car

5. Shiva Prasad Sharma " Lock & Key

11. MACHONG

i. Machong 1. Devi Prasad Sharma Machong Aeroplane

2. Jemba Bhutia " Clock

3. Sangey Bhutia " Car

4. Sukman Limbu " Fish

ii. Parakha 1. Bhim Bahadur Gurung Parakha Goat

2. Chandra Bahadur Gurung " Sparrow

3. Harka Bahadur Gurung " Chair

4. Tshering Dorjee Bhutia " Fish

12. LATUK-CHOCHENPERI

i. Chochenperi 1. Chagu Bhutia Chochenperi Lock & Key

2. Dako Tshering Bhutia " Radio

3. Dhan Bahadur Chettri Chochenperi Clock

4. Gomka Lama " Goat

5. Sher Bahadur Chettri " Aeroplane

6. Tshering Thendup Bhutia " Fish

7. Ugen Bhutia " Hurricane Lamp

8. Zhaker Singh Chettri " Drum

13. ROLEP LAMATEN

i. Rolep 1. Jas Bahadur Rai Rolep Fish

2. Narbir Rai " Clock

3. Tikaram Rai " Aeroplne

ii. Lamaten 1. Chaten Ongey Bhutia Lamaten Lock & Key

2. Dorjee Rinchen " Flaming Torch

3. Gokulman Gurung " Clock

4. Goley Tenzing " Goat

5. Man Bahadur Gurung " Car

6. Sangey Sherpa " Tractor

7. Sangey Ongchuk " Chair

8. Tenzing Wangdi Bhutia " Hurricane Lamp

14. L1NGTAM-PHADAMCHEN

i. Lingtam 1. Chiten Bhutia Lingtam Sewing Machine

2. Gatuk L ama " Fish

3. Gopal Singh " Sparrow

___________________________________________________25_________________________________________________________

1 2 3 4

____________________________________________________________________________________________________________ 4. Nochung Bhutia -do- Bucket

5. Rinchen Sherpa -do- Goat

1. Ang Tempa Sherpa Phadamchen Clock

2. Chenga Sherpa -do- Chair

3. Gyalgen Sherpa -do- Lock and Key

4. Sonam Narbu Kazi -do- Goat

1. Apher Lepcha Chujachen Tractor

(Rongli Bazar)

2. Damber Gajmer Kami -do- Sparrow

(Rongli Bazar)

3. Ganga Devi Pradhan -do- Fish

(Rongli Bazar)

4. Kulananda Sharma -do- Chair

(Ronglic Bazar)

5. Lok Bahadur Chettri -do- Sewing Machine

(Ronglie Bazar)

6. Man Bahadur Rai -do- Radio

(Rongli Bazar)

3. Mohan Gurung -do- Lock and Key

(Rongli Bazar)

8. Nar Bahadur Pradhan -do- Car

(Rongli Bazar)

9. Nar Kumar Pradhan -do- Pot

(Rongli Bazar)

10. Pema Wangchuk -do-

(Ronglice Bazar) Drum

11. Phudang Bhutia -do- Flaming Torch

(Rongli Bazar)

12. Phurba Sherpa -do- Bucket

(Rongli Bazar)

13. Purna Kumar Pradhan -do- Eagle about to fly

(Rongli Bazar)

14. Pushpalal Uprety -do- Deer

(Rongli Bazar)

15. Sudama Prasad -do- Goat

(Rongli Bazar)

16. Sukbir Tamang -do- Aeroplane

(Rongli Bazar)

17. Tej Maya Gurung -do- Hurricane Lamp

(Rongli Bazar)

18. Yad Bahadur Pradhan -do- Clock

(Rongli Bazar)

1. Bir Singh Rai Sudunglakha Flaming Torch

2. Krishna Kumar Giri -do- Clock

3. Om Bahadur Gurung -do- Hurricane Lamp

4. Tikaram Thapa -do- Railway Engine

5. Tularam Thapa -do- Car

6. Tularam Sharma Sudunglakha Fish

1. Lall Bahadur Subba Muluke Aeroplane

2. Prem Bahadur Subba -do- Chair

3. Tikaram Sharma -do- Hurricane Lamp

1. Amrit Bahadur Rai Premlakha Car

2. Da Tshering Sherpa -do- Flaming Torch

26

ii.Phadamchen

15.CHUJACHEN

i. Chujachen

(Rongli Bazar)

16.SUDUNGLAHKA

i.Sudunglakha

ii.Muluke

17.PREMLAKHA SUBANESDARA

i. Premlakha

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1 2 3 4

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27

ii. Subanedara 1. Dhan Bahadu Subanedara Bucket

2. Dhan Kumari Tamang -do- Radio

3. Gyan Bahadur -do- Car

4. Hari Prasad Sharma -do- Pot

5. Thendu Sherpa -do- Hourricane lamp

6. Tikaram Gurung -do- Chair

18. RIGU

i. North Rigu 1. Birtaman Rai North Rigu Flaming Torch

2. Indraman Gurung -do- Aeroplane

3. Jahar Das Rai -do- Clock

4. Nor Bir Gurung -do- Sparrow

5. Padamlal Gurung -do- Radio

6. Pahalman Pradhan -do- Deer

7. Phursumpa Sherpa -do- Lock & Key

8. Ramey Rai -do- Fish

9. Ratna Bahadur Pradhan -do- Tractor

10. Sona Sherpa -do- Car

ii. South Rigu 1. Aitaman Rai South Rigu Drum

2. Bahadur Rai -do- Fish

3. Bir Bahadur Rai -do- Bucket

4. Chatra Bahadur Gurung -do- Deer

5. Chattra Rai -do- Goat

6. Dhan Bahadur Rai -do- Clock

7. Indra Bahadur -do- Chair

8. Laxuman Rai -do- Aeroplane

9. Parmananda -do- Eagle about to fly

19. DALEPCHEN

i. Dalepchen 1. Aitey Maya Rai Dalepchen Sparrow

2. Aring Das Rai -do- Lock & key

3. Bhuwani Prasad Sharma -do- Chair

4. Lok Bahadur Chhetri -do- Clock

5. Madumaya Chhetri -do- Sewing Machine

6. Mani Prasad Rai -do- Railway Engine

7. Naradmani Sharma -do- Car

8. Sangey Tshering Bhutia -do- Radio

9. Tilak Prasad Sharma -do- Tractor

20. ARITAR

i. Aritar 1. Balaram Bahun Aritar Fish

2. Bed Nidhi Sharma -do- Bucket

3. Chandra Bahadur Thapa -do- Goat

4. Dal Bahadur Pradhan -do- Eagle about to fly

5. Dhakmaya Sharma -do- Sewing Machine

6. Ganesh Kumar Pradhan -do- Chair

7. Hari Prasad Sharma -do- Flaming Torch

8. Indra Kumari Pradhan -do- Aeroplane

9. Narendra Sharma -do- Deer

10. Pinsoom Bhutia -do- Radio

11. Punya Prasad Neopanay -do- Clock

12. Rukmani Devi Pradhan -do- Railway Engine

13. Teknath Sharma -do- Pot

14. Tilakchand Pradhan -do- Lock & key

15. Tshering Thargey Bhutia -do- Car

21. RHENOCK-TARPIN

i. Rhenock-Reshi 1. Bal Krishna Acharya Rhenoek-Reshi Chair

(Rhenock Bazar)

2. Goma Devi Pradhan -do- Car

3. Harilal Khati -do- Sewing Machine

4. Hernial Adhikari -do- Railways engine

5. Krishna Kumar Pradhan -do- Fish

_______________________________________________27__________________________________________________________

1 2 3 4

_________________________________________________________________________________________________________

28

6. Laxman Bhujel Rhenock-Reshi Radio

7. Laxuman Adhikari -do- Tractor

8. Narayan das Pradhan . -do- Flaming Torch

9. Pern Tshering Lepcha -do- Clock

10. Sunder Kumar Newar -do- Aeroplane

1. Budhiman Gurung Tarpin Bucket

2. Bhawani Shanker Sharma -do- Aeroplane

3. Jainarayan Sharma -do- Flaming Torch

4. Prem Bahadur Chettri -do- Car

1. Ashok Kumar Rai Lingzey Chair

2. Dhoj Bir Subba do- Deer

3. Garjaman Rai -do- Clock

4. Jas Bahadur Rai -do- Fish

5. Laya Prasad Mohora -do- Flaming Torch

6. Phoop Gyatso Bhutia -do- Bucket

7. Sonam Bhutia -do- Radio

8. Tularam Uprety -do- Goat

1. Nar Bahadur Gurung Chota Singtam Aeroplane

2. Sancha Bahadur Manger -do- Chair

3. Ten Tshering Lepcha -do- Radio

1. Ambirman Rai Assam Goat

2. Ashman Rai -do- Bucket

3. Lachuman Rai -do- Fish

4. Lopozong Bhutia -do- Flaming Torch

5. Mohan Kumar Rai -do- Radio

6. Pancha bir Rai -do- Sparrow

7. Ram Prasad Dhakal -do- Clock

8. Randhoj Rai -do- Eagle about to fly

9. Ratna Rai -do- Car

10. Ravi Dhan Rai -do- Aeroplane

1. Gno Dorjee Bhutia Naitam Chair

2. Golman Rai -do- Aeroplane

3. Ran Bahadur Rai -do- Car

1. Bir Bahadur Chettri Nandok Clock

2. Phurching Lepcha -do- Sparrow

3. Premnath Sharma -do- Chair

4. Tikamaya Chettri -do- Lock and Key

5. Bhim Bahadur Subba -do- Tractor

1. Mohanlal Chhetri Samdur Railway Engine

2. Ratna Bahadur Dahal -do- Radio

3. Rish Manda Pradhan -do- Clock

1. Bir Bahadur Darjee Tadong Bazar Bucket

2. Dorjee Bhutia -do- Fish

3. Dorjee Lama -do- Chair

4. Kharka Singh Rai -do- Aeroplane

5. Krishan Bahadur -do- Sparrow

6. Lall Bahadur Rai -do- Clock

7. Padam Bahadur Chhetri -do- Goat

8. Tikaram Chettri -do- Hurricane Lamp

1. Bhakta Bahadur Suchakgang Clock

2. Bir Bahadur Rai -do- Aeroplane

3. Dhanapati Neopaney -do- Railway Engine

ii.Tarpin

22.LINGZEY DHOTA-SINGTAM

i.Lingzey

ii.Chota Singtam

iii. Assam

23. NAITAM NAMDOK

i.Naitam

ii.Nandok

25.SYARI SAMDUR

i. Samdur

ii.Tadong

26. SUCHAGANG

i. Suchakgang

_______________________________________________________28____________________________________________________

1 2 3 4

___________________________________________________________________________________________________________

29

4. Khipu Bhutia -do- Sewing Machine

5. Man Bahadur Cintury -do- Chair

6. Ratnamaya Thapa -do- Hurricane Lamp

7. Tej Bahadur Limbo -do- Car

27. LUWING PARBING

i. Luwing 1. Akhey Bhutia Luwing Aeroplane

2. Baijanath Kharel -do- Goat

3. Bhawani Prasad Pandey -do- Pot

4. Dal Bahadur Rai -do- Bucket

5. Damber Bahadur Karki -do- Fish

6. Devi Prasad Neopany -do- Flaming Torch

7. Kharga Bahadur Dahal -do- Chair

8. Laxmi Narayan Dagal -do- Tractor

9. Lok Bahadur Dahal -do- Hurricane Lamp

10. Nakoo Bhutia -do- Drum

11. Nar Bahadur Gurung -do- Clock

12. Nar Bahadur Khati -do- Radio

13. Nar Maya Chettri -do- Sewing Machine

14. Nar Maya Neopany -do- Sparrow

15. Pamzang Lepcha -do- Deer

16. Phurba Lepcha -do- Eagle

17. Rabilal -do- Car

18. Tshewang Bhutia -do- Lock &Key

ii. Perbeing 1. Dhanapati Pandey Perbeing Chair

2. Krishnalal Bahun -do- Aeroplane

28. RANKA

i. Songtong 1. Budhiman Rai Songtong Chair

2. Devi Prasad Kharel -do- Car

3. Rapden Bhutia -do- Flaming Machine

4. Tempo Tsegay -do- Aeroplane

ii. Lingdum 1. Kinga Bhutia Lingdum Goat

2. Man Bahadur Darjee -do- Car

3. Rajdhan Rai -do- Clock

4. Shyamlall Poudyal -do- Aeroplane

29. RHEMENDU

i. Reybrok 1. Dukda Lepcha Reybrok Clock

2. Geley Lepcha Reybrok Sewing Machine

3. Karma Tshering -do- Fish

4. Targi Lepcha -do- Car

30. RUMTEK

i. Sazong 1. Aden Lama Bhutia Sazong Lock & Key

2. Dadi Tshering Bhutia -do- Aeroplane

3. Dathup Bhutia -do- Hand Pump

4. Karma Bhutia -do- Car

5. Passang Bhutia -do- Clock

6. Ram Prasad Sharma -do- RailwayEngine

7. Tanha Maya -do- Deer

8. Topden Bhutia -do- Chair

ii. Rawtey Rumtek 1. Bhadurdas Darnal Rawtey Rumtek Radio

2. Kewal Prasad Sharma -do- Aeroplane

3. Ramesh Chandra -do- Car

4. Shiva Prasad Kepal -do- Railway Engine

iii. Chinge 1. Indra Bahadur Chinge Railway Engine

2. Phulmaya Pradhan -do- Aeroplane

___________________________________________________29_______________________________________________________

1 2 3 4

__________________________________________________________________________________________________________

30

1. Mahananda Bahaun Martam Aeroplane

2. Namgey Bhutia -do- Deer

3- Passang Bhutia Martam Sewing Machine

4. Thanga Akhey -do- Car

1. Devi Bhakta Nazitam Lock and Key

2. Lal Bahadur Nazitam -do- Bucket

3. Purna Bahadur -do- Car

1. Gau Lama Trikutam Car

2. Gyan Tshering Bhutia Trikutam Aeroplane

3. Rinzing Lama -do- Deer

1. Bagy Samser Rabdang Hurrican Lamp

2. Chung Chung -do- Chair

1. Bidya Bahadur Chalamthang Pot

2. Nanda Devi -do- Aeroplane

3. Nima Tshering -do- Bucket

4. Takpa Dorjee -do- Deer

1. Bal Bahadur Thapa Sakyong Car

2. Man Bahadur Lama -do- Deer

3. Phuchung Bhutia -do- Lock and Key

1. Ash Bahadur Subba Sirwani Pot

2. Chandra Kumar Barakoti -do- Car

3. Devi Prasad Sirwani Chair

4. Harka Bahadur -do- Aeroplane

5. Keshab Kumar Pradhan -do- Sewing Machine

1. Kapilamani Dahal Byang Lock and Key

2. Manorath Dahal -do- Drum

3. Narbu Tshering Lepcha -do- Pot

4. Sambok Lama -do- Flaming Torch

1. Chandralal Peyong Hand Pump

2. Pema Wangdup -do- Clock

3. Rapden Shanga -do- Chair

4. Samdup Shenga -do- Car

5. Sonam Dadul Peyong Deer

1. Bagbir Pradhan Dung Dung Clock

2. Bhim Bahadur -do- Chair

3. Pathar Singh -do- Car

4. Phurba Tshering Bhutia -do- Sparrow

5. Punya Prasad -do- Hurrican Lamp

1. Kharananda Aritar Clock

2. Puspalal Khatiwada -do- Hurrican Lamp

1. Dilli Ram Singbel Chair

2. Ganga Prasad -do- Car

3. Gauri Shanker -do- Clock

4. Pancha Kumar -do- Flaming Torch

1. Dhakanath Sharma Patuk Deer

2. Radha Krishna -do- Flaming Torch

3. Sherab Dorjee Lepcha -do- Aeroplane

4. Siri Prasad Sharma -do- Clock

33. MARTAM

i.Martam

ii.Nazitam

iii.Trikutam

34. RABDANG CHAIAMTHANG

i.Rabdang

ii.Chalamthang

iii.Sakyong

35. BYANG PHEGYONG

i.Sirwani

ii.Byong

iii.Pegyong

37. DUNG DUNG ARITAR

i. Dung Dung

ii.Aritar

iii.Singbel

38. SIMIK LINGJEY

i.Patuk

___________________________________________________30_________________________________________________________

1 2 3 4

_____________________________________________________________________________________________________________

39. TUMIN

i. Tumin 1. Devi Charan Dahal Tumin Hurricane Lamp

2. Krishna Prasad Nepal -do- Pot

3. Lachi Maya -do- Sewing Machine

4. Lall Prasad Luitel -do- Flaming Torch

5. Punya Prasad -do- Sparrow

6. Sabir Sunar -do- Tractor

7. Shiva Prasad Nepal -do- Clock

8. Sonam Pintso -do- Radio

9. Syamlal Luitel -do- Lock & key

10. Tara Maya -do- Chair

11. Taranidhi Luitel -do- Car

40. SAMDONG KAMBEL

i. Samdong Kambel 1. Balwan Singh Chettri Samdong Kambel Eagle about to fly

2. Chetram -do- Hurricane Lamp

3. Nar Bahadur Khulal -do- Radio

4. Nar Singh Chettri -do- Pot

5. Padam Prasad Sharma -do- Aeroplane

6. Parladnath Bhattarai -do- Chair

7. Premlal Adhikari -do- Clock

8. Topgey Bhutia -do- Hand Pump

ii. Rale-Khase 1. Hem Prasad Rale-Khase Chair

2. Janga Bir Gautam -do- Car

3. Kapilmani Nepal -do- Radio

4. Laxuman Nepal -do- Pot

5. Man Bahadur Darjee -do- Sewin g Machine

6. Naku Lepcha -do- Eagle about to fly

7. Sharma Nanda Koirala -do- Lcok & Key

41. RAKDONG

i. Tintek 1. Bom Bahadur Chettri Tintek Pot

2. Chujang Lepcha -do- Deer

3. Dinanath Chettri -do- Clock

4. Govind Giri -do- Chair

5. Jiwan Pradeep -do- Hurricane Lamp

6. Rabilal Ghimirey -do- Radio

7. Rudra Prasad Sharma -do- Car

8. Shree Narayan Sharma -do- Goat

9. Thal Bahadur -do- Flaming Torch

ii. Rakdpng 1. Chabilal Neopanay Rakdong Pot

2. Chejor Lepcha -do- Lock&Key

3. Dalman Rai -do- Deer

4. Chagok Lepcha -do- Eagle about to fly

5. Man Bahadur Chettri -do- Hurricane Lamp

6. Mon Bahadur Chettri -do- Car

7. Nar Bahadur Rai -do- Chair

8. Padmawoti -do- Radio

9. Pema Tshering -do- Flaming Torch

10. Phuntsho Lepcha -do- Railway Engine

11. Purna Bahadur -do- Clock

12. Tempo Rinzing -do- Hand Pump

13. Tenchung Lepcha -do- Aeroplane

31

______________________________________________________________________________________________________________

1 2 3 4

______________________________________________________________________________________________________________

R. O. (N).

______________________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNMENT PRESS.

NORTH

1. Shupan Kazi Shinghik Clock

2. Jonathan -do- Chair

3. Sonam Tsering Bhutia -do- Lock & Key

1. Loday Lepcha Pancy Deer

2. Leda Lepcha -do- Lock & Key

33. RINGIM NAMPATAM

i.Singhik

34.PHENSANG

i.Paney

S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y __________________________________________________________________________

No.15 Gangtok, Saturday February 19, 1983. _________________________________________________________________________________________

__________________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNMENT PRESS, GAMGTOK.

SIKKIM LEGISLATIVE ASSEMBLY SECRETARIAT

GANGTOK

NOTIFICATION

No18/SLAS/82-83/1394. Dated Gangtok, the 19th February,1983.

The following order made by the Governor of Sikkim is hereby published for general

information:-

"No.SKM/GOV/192/83 Gangtok, 18th February,1983

ORDER

In exercise of the powers conferred on me by Article 174(1) in Part VI of the Constitu-

tion od India, I, Homi J. H. Taleyarkhan, Governor of Sikkim, hereby summon the Sikkim

Legislative Assembly to meet on Tuesday, 15th March, 1983, at 11 A.M. in the Assembly House at

Gangtok..

I further direct that the Secretary, Sikkim Legislative Assembly, shall notify the Mem-

bers accordingly.

HOMI J.H. TALEYARKHAN

Governor of Sikkim".

B.P.S. BUSNETT,

Deputy Secretary,

Sikkim Legislative Assembly.

S I K K I M


EXTRAORDINARY


No.16 Gangtok, Tuesday February 22,1983.

_________________________________________________________________________________________


HOME DEPARTMENT

No. 9(2) Home/82/3557. Dated Gangtok, the 13th January, 1983.

THE SIKKIM PUBLIC SERVICE COMMISSION (MEMBERS) REGULATION, 1983.

In exercise of the powers conferred by sub-clause (a) of Article 318 of the Constitu-

tion, the Governor of Sikkim hereby makes the following regulations, namely:—

1. Short Title, commencement and application:—

(1) These regulations may be called the Sikkim Public Service Commission (Members)

Regulations, 1983,

(2) They shall come into force on the date of their publication in the official gazette

(3) They shall apply to the Chairman and members of the Commission holding office at

the commencement of these regulations but not so as to vary to the disadvantage of

the Chairman or a member, the conditions of service to which he was entitled imme-

diately before the commencement of these regulations.

2. Definitions:- In these regulations, unless the context otherwise requires-

(a) "Chairman" means the Chairman of the Commission and includes an acting Chair-

man appointed under Article 316 (1A) of the Constitution;

(b) "Commission" means the Sikkim Public Service Commission;

(c) "Constitution" means Constitution of India;

(d) "Government" means the Government of Sikkim;

(e) "Member" means a member of the Commission and includes the Chairman thereof.

3. Number of Members:— The number of members of the Commission, excluding the Chair-

man,shall not exceed two.

4. (1) Pay and Allowances:— The Chairman shall receive a pay of three thousand rypees

and each of the other members shall receive a pay of two thousand five hundred rupees per

month.

(2) The Chairman and other members shall also receive Dearness Allowance and Addi-

tional Dearness Allowance respectively at the rates applicable from time to

time to the Chief Secretary and the Secretary (drawing corresponding pay) to the Govern-

ment:

2

Provided that in the case of an appointment, as the Chairman or a member,of a

person who has retired from service under Central or State Government a local body

a University, or any other body wholly or substantially owned or controlled by the

Central or State Government and who is in receipt of, or has received or has become

entitled to receive any retirement benefits by way of pension, gratuity, cotributory

provident fund or otherwise or has exercised his option under regulation 8(1), the pay

and allowances specified in this regulation shall be reduced by the gross amount of

pension (including any portion of the pension which may have been commuted) and

the pension equivalent or other retirement benefits.

EXPLANATION:— For the purposes of this regulation —

(i) Service under the Union or a State Public Service Commission shall be consi-

dered as service under the Government;

(ii) the term "University" shall include any institution for higher education wholly

or substantially financed by the Central Government or any State Government

or both and deemed to be a University under section 3 of the University Grants

Commission Act, 1956;

(iii) the term "any other body wholly or substantially owned or controlled by the

State or Central Government" shall include Government Company as defined in

the Companies Act, 1956, and any other statutory body, whether incorporated

or not, in which the Central Government or any State Government or both has

a controlling interest in the share or other capital thereof, or has directly or

through its nominees substantial control over its working.

5. Retirement from parent service on appointment as Member:— A member who, on the

date of his appointment to the Commission, was in the service of the Central or a State

Government shall be deemed to have etired from such service with effect from the date

of his appointment as Member of the Commission.

6. Leave admissible to a member in the service of the Central of State Government :-Not

withstanding anything contained in regulation 5, a member who at the time of his appoint-

ment to the Cammission was in the service of the Central or a State Government:-

(a) may be granted leave by the Government even after he attains the age of super-an

nuation in the same manner as provided in the rules applicable to him immediately

before his appointment and his service as member shall count for such leave; and

(b) the leave at the credit of any such member in his leave account shall not lapse on the

date of his appointment as member but shall be carried forward and may be availed

of during his tenure as member.

7. (1) Leave admissible to a member who was not in the service of the Central or a State Government:— A member who at the time of his appointment to the Commission is

not in the service of the Central or a State Government shall be entitled to leave as

admissible to officers of the Sikkim Government at the highest level.

(2) Cash payment in lieu of unutilised earned leave in certain cases :—

(1) A member shall be paid cash equivalent of leave salary in respect of the period

of earned leave at his credit at the time when he ceased to hold office as such or

when his option under regulation 8 (1) becomes effective.

(2) The payment of cash equivalent of leave salary under sub-regulation (1) shall be

limited to a maximum of one hundred and eighty days of earned leave.

(3) The cash equivalent of leave salary thus admissible shall become payable to a

member in one lump-sum as a one-time settlement.

(4) Cash payment shall be equivalent to leave salary as admissible for earned leave

and dearness allowance admissible on that leave salary at the rates in force on

the date he becomes entitled for such payment. No. city compensatory allo-wance and house rent allo-

wanece shall be payable.

8. Pension payable to members who were in the service of the Central or a State Government:-

(1) A member who at the time of his appointment as such is in the service of the

Central or a State Government, shall, at his option to be exercised within period of

six months from the date of his appointment, be entitled to draw his pension

and other retirement benefits under the rules applicable to the service to which he be-

longed with effect from the date of his appointment member:

3

Provided that a member serving as such on the date of commencement of these regu-

lation may exercise his option within three months from the date of such commencement and

such option may be give a to be effective from the date of his appointment as such member or

any later date as may be specified in such option;

(2) A member who at the time of his appointment as such, was in the service of

the Central or a State Government and does not exercise the option referred to

in sub-regulation (1), shall count his service as member for pension and retire-

ment benefits even after he attains the age of superannuation in the same manner

as provided in the rules applicable to the Service to which he belonged imme-

diately before such appointment.

9. Gratuity payable to members:— (1) Subject to the provisions of these regulations, every member shall, on his ceasing to

hold office as such member, be paid gratuity for the period of service rendered by

him.

Provided that no such gratuity shall be payable to a member if he has been removed

from office or if he ceases to hold office as Member before the completion of three years.

(2) The gratuity shall be paid at the rate of completed years of service multiplied by

the amount of the monthly pay drawn.

EXPLANATION I. When the total service for gratuity is rendered by a person partly at

member and partly as Chairman, the gratuity admissible to such person in each such term shall

be calcuted seperately.

EXLANATION II. The duration of sevice of a person as member shall be computed in

terms of completed years, but if the service rendered is six months or more, additional benefits

of one year's gratuity may be allowed to one who completes a minimum period of 3 years of

services.

10. Option to subscribe to the General Provident Fund (Sikkim State Service): Every member

may, at his option, subscribe to the General Provident Fund (Sikkim State Service), in ac-

cordance with the rules or orders governing that Fund subject to the condition that the

maximum limit on subscription, if any, shall not apply if the member chooses to subscribe

in excess of such limite;

Provided that a member who on the date of his appointment was in the service of the

Central or a State Government and who had been admitted to the benefits of any other Provi-

dent Fund may be allowed to continue to subscribe to that fund, in accordance with the rules

or regulations applicable to that Fund, until he reaches the date on which he must compul-

sorily retire from Service in accordance with the rules applicable to him in his service. On

that date,his accumulated balance in that Provident Fund, including the Government's contri-

bution,if any, shall, if the member has exercised his option subscribe to the General Provident

Fund (Sikkim State Service) be transferred to the said fund:

Provided further that where a member opts to withdraw the accumulated balance in

that Provident Fund, including the Government's contribution, if any, the said balance shall be

paid to him.

11. Facilities for medical treatment:- A member shall be entitled to such facilities for

medicaltreatment as are provided for officers of the Sikkim State Government at the highest

level.

12.Allotment of Accommodation: In respect of allotment of buildings owned or leased or

requisitioned by the State Government, the Chairman and other members shall be entitled to

rent free furnished accommodation of the same standards as are applicable to the Chief Secre-

tary and Secretaries respectively to the Government Sikkim.

13. Matters in which no provision is made: The conditions of service of Chairman or a

member for which no express provision has been made in these regulation shall be determined

by the rules and orders for the time being applicable to the Chief Secretary to the Government

of Sikkim and Secretary to the Government of Sikkim respectively, provided that nothing in

these amendents shall have effect so as to give a person who is the Chairman or a member less

favourable terms in respect of any matter aforsaid, than those to which he would be entitled as

a Chairman or a member, as the case may be, on the date of his appointment as such.

4

M. P. PRADHAN

Chief Secretary


__________________________________________________________________________________________________________


14. Repeal and Savings:

(1) On the commencement of these regulations, the Sikkim Public Service Commission

Regulations 1976 dated the 18th October, 1976 shall, in so far as they relate to the members of the Commission

stand repealed,.

(2) Notwithstanding such repeal, anything done or any action taken under the regulations

so repealed, shall be deemed to have been done or taken under the corresponding

provisions of these regulations.

S I K K I M


EXTRAORDINARY


No. 17 Gangtok, Tuesday February 22, 1983.

___________________________________________________________________________________________


HOME DEPARTMENT

NOTIFICATION

No.6(59)Home/82/362. Dated Gangtok, the 13th January,1983

The Government of Sikkim is pleased to lay down the following rules for the regula-

tion of terms and conditions in respect of Government Advocates appointed under this

Notification.

1. The Government shall appoint Government Advocates as may be required.

2. Such Government Advocate shall hold office during the pleasure of the Government of

Sikkim and the appointment would be terminable on three months notice from either side

3. He shall remain in station for a period of not less than 15 days at a stretch or more in a

month as may be directed by the Home Secretary.

4. No person shall be eligible for appointment as Government Advocate under this Notifica-

tion, unless he held a Degree in Law from any recognised University after having under-

gone a three-year course and has also completed practice as an Advocate for a period of

not less than seven years.

5. (1) The normal duties of such Government Advocate will be:—

(a) to act as Junior to the Advocate General, Sikkim, or to the Senior Advocate as

defined under the Advocates Act, 1961, or to the Senior Government Advocate

cum- Public Prosecutor as directed by the Home Secretary;

(b) to conduct cases of the Government servants who are made accused in criminal

cases as and when directed by the Home Department, Government of Sikkim

(2) He shall not accept any brief against the State Government and shall not take up

brief from a person if it adversely affects in any manner the interest of the State

Government.

6. (1) He shall be paid a retainer fee of Rs. 300/- per month.

(2) He shall be entitled to fees for appearance in the High Court, Sikkim at Gangtok at

the following rate :—

Rs. 150/-per day for effective hearing

Rs. 75/- for non effective hearing.

By Order

J.T. DENSAPA,

Home Secretary,

Government of Sikkim

2

(3) He shall be entitled for fees per appearance in the Courts of District and Sessions

Judge, Additional District and Sessions Judge and other subordinate Courts within

the State of Sikkirn at the following rate:—

Rs. 170/- per day for effective hearing and Rs. 80/- per day for non-effective hearing.

7. He shall be entitled to the following fees within the State before any Courts:—

(a) Fees for consultation : Rs. 50/- for the first consultation of the case and Rs.25/-

for each subsequent consultation.

(b) (i) Fees for drafting

Rs. 75/- per petition pertaining to memorandum of Appeal, Counter Affidavit in

reply, Cross appeals and answering to writ petitions.

(ii) For drafting other than (b) (i) above

Rs. 20/- per draft

(c) Fees for inspection and scrutiny

Rs. 20/- per case per day.

8. While attending courts outside Gangtok, but located within Sikkim, and Police Headquar-

ters and Police Stations, he shall receive travelling allowance at the rates admissible to a

Class I Officer of the State Government plus Compensatory fee of Rs. 100/-per day in

addition to his usual fees for appearance, drafting and consultation. No travelling

allowance shall be admissible if a Government transport is provided.

9. All bills for fees shall be preferred in form 'A' annexed to these rules and shall be submit-

ted to the Home Department.

10. Fat the purposes of these rules —

(a) Effective hearing means — The day on which any argument is heard, appeal is admit-

ted, a writ or revision or application or any proceedings is admitted, hearing of the

bail application, issues are framed, witness is examined or cross-examined or charge

is framed.

(b) Non-effective hearing means — The date on which the suit or case or appeal or revi-

sion or writ or application or proceeding is adjurned or written statement or affidavit

or application is filed in the court, the date fixed for supply of copies etc.

11. These rules shall come into force from the date of publication.

12. The Home Department with the approval of the Minister-in-€harge of the Department

can interpret any of the provisions of these rules in the event of arising of any doubt

The Home Department may also exercise such powers to delete add or to amend any

provision including words and phrases etc.

3

F O R M ‘A’

__________________________________________________________________________________________________________________

Sl. Case No. Date Whether effective No. of No. of Fees Nos.of certifi-

No. Name of the or non-effective Draftings Consulta- claimed cate toward

Court & hearing (apear- tions proof of the

Name of the ance) works done

parties

__________________________________________________________________________________________________________________

1 2 3 4 5 6 7 8

__________________________________________________________________________________________________________________

Name of Government Advocate Signature of Government Advocate

__________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y __________________________________________________________________________________________

No. 17 A Gangtok, Wednesday, February 23, 1983

____________________________________________________________________________________________________________



Notification No. 1 (37A) NOT\RW\P\75—76\PI\4953\RDD, Dated Gangtok the 23rd February, 1983

THE SIKKIM PANCHAYAT (Election of Sabhapati, Up-Sabhapati and Sachiva of

Gram Panchayat and Adhakshya, and Up-adhakshya of Zilla Panchayat and

manner of Convening, Meetings) RULES, 1983.

_______________________________________________________________________________________ PRINTED AT THE GOVT. OF INDIA PRESS, GANGTOK


(Government of Sikkim)

NOTIFICATION No. 1 (47A) NOT\RW\P\75-76\Pl\49S3\RDD

Dated Gangtok the 23rd February, 1983

In exercise of the powers conferred by section 118 of the Sikkim Panchayat

Act, 1982 (3 of 1982) the State Government hereby makes the following rules,

namely.-

1. Short title and commencement—

(1) These rules may be called the Sikkim Panchayat (Election of

Sabhapati, Up-Sabhapati and Sachiva of Oram Panchayat and

Adhakshya and Upadhakshya of Zilla Panchayat and manner of

convening meetings) Rules, 1983.

2. Definations-

(1) In these rules, unless the context otherwise requires—

(a) "Act" means the Sikkim Panchayat Act,1982;

(b) "ballot box" includes any box or other receptacle used for insertion

of ballot papers by voters;

(c) "candidate" means a person who has been or claims to have been duly

proposed and seconded as a candidate at any election by the members;

(d) "Director of Panchayat Election" means the officer of the State

Government appointed as such under rule 3 of the Sikkim Panchayat

Election Rules, 1982;

(e) "Form" means a Form appended to these rules and includes Form in

any of the languages used for the official purposes of the State of Sikkim;

(f) "prescribed authority" means the Director of Panchayat Elections and

includes the District Collector and Deputy District Officer-cum-Plan-

ning Officer;

(g) "Presiding Officer" includes any polling officer performing any of the

functions of a presiding officer under the provisions of these rules;

(h) "section" means a section of the Act.

(2) The expressions used in these rules and not defined but defined in the

Act or the Sikkim Panchayat Election Rules, 1982 shall have the mean-

ing respectively assigned to them in the Act and Rules.

3. Election of Sabhapati and Up-Sabhapati of Gram Panchayat—

(1) As soon as may be after the constitution of a Gram Panchayat

is notified in the official gazette under sub-section (1) of section 6, but

before the expiration of thirty days from the date of publication of the

notification, the prescribed authority shall call a meeting of all the mem-

bers of such Gram Panchayat for taking of the oath of office and for

the election of a Sabhapati, Upsabhapati and Sachiva of the Gram

Panchayat by serving on each member a notice of not less than seven

days specifying therein the date and time of such meeting.

(2) Such meeting shall be presided over by the prescribed authority or such

other officer as may be authorised by the

prescribed authority. The

prescribed authority or the other officer authorised by him shall not be

entitled to vote at the election.

(3) On the date of the meeting if there is no quorum as provided for in sub-

section (3) of section 13 within an hour of the time fixed for the meeting

the Presiding Officer shall adjourn the meeting. The adjourned meeting

shall be held on such date, place and time as may be fixed by the

prescribed authority and the provisions regarding notice to members of

the Gram Panchayat referred to in sub-rule (1) shall apply :

Provided that no quorum shall be necessary for an adjourned meeting.

(4) The members who are required to take oath of office under section 88

shall, before taking their seats, make and subscribe an oath or affirma-

tion before the Presiding Officer in the Form set out for the purpose in

the Schedule appended to the Act.

(5) The Presiding Officer shall, immediately after the commencement of the

meeting, call upon the members present to propose and second names of

the candidates from amongst themselves for election of Sabhapati of

the Gram Panchayat. He shall record the names of the candidates

proposed together with the names of the proposers and seconders. The

Presiding Officer shall reject any proposal if the candidate refuses to

stand for the election and he may not accept any proposal after the list

of candidates has been finalised by him.

(6) If only one candidate is proposed and seconded the Presiding

Officer shall declare him to be duly elected Sabhapati of the Gram

Panchayat by filling up Form 2.

(7) If more than one candidate have been proposed and seconded and have

agreed to stand for election, the Presiding Officer shall conduct the

election in the following manner, namely :—

(a) The Presiding Officer shall cause to be prepared as many ballot papers

as there are members present containing the names of candidates

arranged according to the alphabetical order of their surnames in

Form 3 in such language or languages as Director of Panchayat Elec-

tions may direct.

(b) The Presiding Officer shall, immediately before the commencement of

the election, satisfy all members present that the ballot box is empty

and also allow the members present to inspect the ballot box and

thereafter secure and seal such ballot box and have it kept at a place

which can be seen by himself and all the members present.

(c) The Presiding Officer shall, thereafter, hand over one such ballot paper

as prepared under clause (a) to each member present after putting his

initial on the back of each ballot paper. He shall then ask each mem-

ber in turn to record his vote at a table so placed that no other person

can see such member while putting the mark "X" in the place provided

for the purpose in the ballot paper opposite the name of the candidate

for whom he intends to vote, to fold it up and insert it into the ballot box.

(d) If a member is unable to write or is physically incapaciated from voting,

the Presiding Officer shall, at the request of such member, take him to

record his vote to the table so placed, ascertain his choice and accord

ingly mark the ballot paper, fold it up and insert it into the ballot

box. The Presiding Officer shall cause such arrangements to be made

as to ensure secrecy of the ballot paper.

(8) Immediately after the voting is over, the Presiding Officer shall open

the ballot box in the presence of the members present, take out the

ballot papers therefrom, count them and record the number thereof in

Form 4. The Presiding Officer shall reject any ballot paper if-

(a) it bears the signature of the voter or contains any word or sign or visi-

ble representation by which such voter can be identified, or

(b) the mark "X" is placed against more than one name; or

(c) the mark "X" is so placed thereon as to make it doubtful for which

candidate the vote was intended to be given; or

(d) it does not bear the signature of the Presiding Officer.

(9) After completion of counting and recording the number of votes

received by each candidate, the Presiding Officer shall declare the can-

didate who has secured the highest number of votes to be duly elected

Sabhapati of the Gram Panchayat. In case of equal number of votes be-

ing recorded in favour of two or more candidates, selection shall be made

from such candidates by draw of lots in such manner as the Presiding

Officer shall deem fit and thereupon the candidate thus selected shall be

declared to be duly elected as Sabhapati of the Gram Panchayat.

(10) After the election of the Sabhapati, election of the Up-Sabhapati shall

be taken up and be conducted in the same manner as specified in sub-

rules (5), (6), (7), (8) and (9).

(11) (1) After the election of Up-Sabhapati, election of Sachiva of Gram

Panchayat under section 24 shall be conducted in the same manner as

specified in sub-rules (5), (6), (7), (8), and (9).

(2) No member who is not able to read or write any of the official

languages of the State shall be qualified to be elected as a Sachiva.

(3) Where no such person as referred to in clause (2) is available, the

Gram Panchayat may appoint any person including a person in

Government service with previous approval of the State Government

and such person may be paid such honorarium as the State Govern-

ment may determine.

(12) The Presiding Officer shall forward the names of the Sabhapati and the

Up-Sabhapati to the prescribed authority who shall publish the same

in the locality in such manner as he may think fit. The prescribed

authority shall forward the names of Sabhapati and Up-sabhapati to

the Director of Panchayat Elections for information. The Director of

Panchayat Elections shall publish the names of the Sabhapati, Up-

sabhapati and Sachiva in the Official Gazette.

(13) The Forms and other papers relating to the election of Sabhapati, Up-

sabhapati and Sachiva shall be sent by the Presiding Officer to the

prescribed authority for safe custody. The prescribed authority shall

keep the papers in safe custody for six months after which these Forms

and papers may be destroyed in such manner as the Director of Pan-

chayat Elections may direct.

4. Election of Adhakshya and Upadhakshya of Zilla Panchayat —

(1) As soon as may be after the constitution of a Zilla Panchayat is noti-

fied in the Official Gazette under sub-section (1) of section 42 but

before the expiration of thirty days from the date of publication of the

notification, the prescribed authority shall call a meeting of all the

members of the Zilla Panchayat for taking of the oath of office and for

the election of Adhakshya and Upadhakshya of the Zilla Panchayat,

by serving on each member a notice of not less than seven days speci-

fying there-in the date and time of such meeting.

(2) Such meeting shall be presided over by the prescribed authority or

such officer not below the rank of a Gazetted. Officer of the State

Government as may be authorised by the prescribed authority and such

official as well as the prescribed authority shall not be entitled to vote

at the election.

(3) On the date of the meeting if there is no quorum as provided for in

sub-section (3) of section 48 within an hour of the time so fixed for the

meeting, the presiding officer shall adjourn the meeting. The adjourned

meeting shall be held on such date, place and time as may be fixed by

the prescribed authority and the provisions regarding notice to mem-

bers of Zilla Panchayat as referred to in sub-rule (1) shall apply :

Provided that no quorum shall be necessary for an adjourned

meeting.

(4) The members, other than member referred to in clause (c) of sub-section (2) of sec-

tion 12, who is required to take the oath of office under

section 88 shall before taking the seats, make and subscribe an oath or

affirmation in the Form set out for the purpose in the Schedule appen-

ded to the Act.

(5) The Presiding Officer shall then conduct the election of the Adhakshya

and Upadhakshya in the same manner as is specified in sub-rules (5),

(6), (7), (8), (9), (10), (12) and (13) of rule 3.

5. Resignation of and filling up of a casual vacancy in the office of the Sabhapati

or Up-sabhapati of a Gram Panchayat and Adhakshya or Up-adhakshya of

a Zilla Panchayat.

(1) As soon as may be but not before the expiration of thirty days from the

date any casual vacancy in the office of Sabhapati, Up-sabhapati or

Sachiva of Gram Panchayat and Adhakshya or Upadhakshya of a Zilla

Panchayat is caused by reason of death, resignation, removal or other-

wise, a Gram Panchayat or Zilla Panchayat shall call a meeting of all

the members for the election of a Sabhapati, Up-sabhapati or Sachiva

of a Gram Panchayat or an Adhakshya or an Upadhakshya of a Zilla

Panchayat, as the case may be, by fixing a date, place and time and

causing a written notice to this effect to be served on each member by

giving reasonable time being not less than seven days before the date so

fixed for such meeting.

2-H 1 Rural/SKm/82 5

(2) On the date of the meeting if there is no quorum as provided for in sub-

section (3) of section 13 or sub-section (3) of section 48 within an hour of

the time so fixed for the meeting, the Gram Panchayat or Zilla Panchayat,

as the case may be, shall adjourn the meeting. The adjourned meeting

shall be held on such date, place and time as may be fixed by the Gram

Panchayat or the Zilla Panchayat, and the provisions regarding notice

to members referred to in sub-rule (1) shall apply :

Provided that no quorum shall be necessary for an adjourned

meeting.

(3) The Gram Panchayat or Zilla Panchayat shall then conduct the election

of the Sabhapati or Up-sabhapati or Sachiva or Adhakshya or Upa-

dhakshya as the case may be, in the same manner as is specified in sub-

rules (5), (6), (7), (8), (9), (10), (11) and (12) of rule 3 as far as

applicable.

(4) The papers relating to an election to fill a casual vacancy shall be kept

in the safe custody by the Gram Panchayat or Zilla Panchayat for six

months after which they may be destroyed in such manner as the

Director of Panchayat Elections may direct.

BY ORDER

Sd/-

(P. K. PRADHAN) IAS

Secretary



FORM 1

[ See *sub-rule (1) or sub-rule (3) of rule 3 or sub-rule (1) or sub-rule (3) of rule 4 ]

Form of notice of meeting for taking of oath and/or for election of *Sabhapati,or Up-

Sabhapati and Sachiva of Gram Panchayat or Adhakshya and Upadhakshya or Zilla Panchayat.

In pursuance of the provisions under *sub-rule (1) or sub-rule (3) of rule 3 and sub-rule

(1) or sub-rule (3) of rule 4 of the Sikkim Panchayat (elections of Sabhapati, Up-Sabhapati and

Sachiva of Gram Panchayat and Adhakshya and Upadhakshya of Zilla Panchayat and manner of

convening meeting) Rules, 1983, notice is hereby given for a meeting of the**.................

Gram Panchayat/*Zilla Panchayat to be held at the time, place and on the date fixed below to

take oath and/or to elect* Sabhapati, Up-Sabhapati and Sachiva of Gram Panchayat and

*Adhakshya and Upadhakshya of Zilla Panchayat.

All members of *Gram Panchayat/Zilla Panchayat are requested to attend.

Date Place

(1) (2)

Date…………………………………

Place………………………………..

Prescribed Authority

___________________________________________________________________________________

*Strike off the words and figures which are not applicable.

**Appropriate particulars of the election to be inserted here. 6

FORM 2

[See*sub-rule (6) or sub-rule (10) or 11 of rule 3, or sub-rule (5) of rule 4 or sub-rule (3) of rule 5 ]

Form of declaration of result of an uncontested election in the Office of *Sabhapati or Up-

Sabhapati or Sachiva of Gram Panchayat and Adhakshya or Upadhakshya of Zilla Panchayat.

In pursuance of the provisions of *Sub-rule (6) or sub-rule (10) or sub-rule (11) of rule 3,

or sub-rule (5) or rule 4 or sub-rule (3) of rule 5 of the Sikkim Panchayat (Elections of Sabhapati,

Up-Sabhapati and Sachiva of Gram Panchayat and Adhakshya and Up-adhakshya of Zilla Panchayat

and manner of convening meetings) Rules, 1983, the following candidate(s) is/are hereby declared as

duly elected *Sabhapati/Up-Sabhapati/Sachiva of Gram Panchayat and Adhakshya/Upadhakshya of

Zilla Panchayat.

Name of the Gram Name and address of Name of the Office to

Pachayat/Zilla Panchayat the candidate(s) elected. which elected.

(1) (2) (3)

Date………………………………

Place………………………………

…………………………………...

Signature of the Presiding officer

___________________________________________________________________________________________________

* Strike the words and figures which are not applicable.

7

FORM 3

(See *sub-rule (7) or sub-rule (10) sub-rule (11) of rule 3, sub-rule (5) of rule 4, sub-rule (3) of rule 5]

Form of Ballot Paper for election of *Sabhapati/Up -Sabhapati/Sachiva of **.........................

Panchayat and *Adhakshya/Upadhakshya/of **........................Zilla Panchayat.

Serial No. Name (s) of candidate (s) For mark (X) by voter

(1) (2) (3)

1.

2.

3.

4.

5.

6.

Place………………………. ………………………………………..

Date……………………….. (Signature of Presiding Officer)

_______________________________________________________________________________________________________

** Strike off the words and figures which are not applicable.

*Appropriate particulars of the election to be inserted here.

8

FORM—4

[See sub-rule (6) or sub-rule (10) or sub-rule 11 of rule 3, or sub-rule (5) of rule (4) or sub-rule (3),

of rule 5.].

From of recording the number of valid votes in an election of *Sabhapati/Up-Sabhapati of Gram

Panchayat/Adhakshya/Up-adhakshya of Zilla Panchayat.

In pursuance of the provisions under *sub-rule (3) or sub-rule (10) or sub-rule (11) of rule 3 or sub-rule

(5)of rule 4 or sub-rule (3) of rule 5 of the Sikkim Panchayat (Elections of Sabhapati and Up-Sabhapati of

Gram Panchayat and Adhakshya and Upadhakshya of Zilla Panchayat) Rules, 1983 the number of valid

votes recieved by the candidate(s) in an election of *Sabhapati/Up-Sabhapati of a Gram Panchayat or

Adhakshya/Upadhakshya of Zilla Panchayat is recorded below:—

Name of *Gram Panchayat/Zilla Nature of Office on Number of valid

Panchayat. Name of candidates. which election held. votes secured.

(1) (2) (3) (4)

1.

2.

3.

4.

5.

6.

Date………………………………. …………………………………...

Place……………………………… (Signature of the Presiding Officer)

___________________________________________________________________________________________________

*Strike off the words and figures which are not applicable.

___________________________________________________

1/Rural/Deptt./SKM/82-2,000-9-3-83-GIPG.

S I K K I M


EXTRAORDINARY


No.18 Gangtok, Thursday February 24, 1983

__________________________________________________________________________




The following notification No. 100/SKM-LA/1/82(82)(1), 100/SKM-LA/l/82(2) and 100/

SKM-LA/l/82(3) all dated 24th February, 1983(Phalguna 5, 1904(S) is hereby published for


NOTIFICATION

No. 100/SKM-LA/1/82(1).- Whereas a vecancy has occurred in the Sikkim Legislative

Assembly by reason of the resignation of Shri Dugo Bhutia, a member elected to that assembly

from 26-Rakdong Tintek (BL) assembly constituency;

Now, therefore, in pursuance of the provisions of section 150 of the Representation of

the People Act, 1951 (42 of 1951), the Election Commission hereby calls upon the said consti-

tuency to elect a person belonging to the Scheduled Tribes in the State of Sikkim to fill the said

vacancy before the 31st March, 1983 in accordance with the provisions of the said Act and of

the Rules and Orders made thereunder.

NOTIFICATION

No. 100/SKM-LA/l/82(2).- In pursuance of the provisions of section 30 of the

Representation of the People Act, 1951 (43 of 1951), the Election Commission hereby appoints

with respect to the bye-election to be held in 26-Rakdong Tintek (BL) assembly constituency in

the State of Sikkim in pursuance of its notification No. 100/SKM-LA/1/82(1), dated 24th Feb- ruary 1983,—

(a) the 3rd March, 1983 (Thursday), as the date date last for making nominations:

(b) the 4th March, 1983 (Friday), as the date for the scruting of nominations:

(c) the 7th March, 1983 (Monday), as the last date for the withdrawal of condidatures

(d) the 27th March, 1983 (Sunday), as the date on which a poll shall, if necessary, be

taken; and

(e) the 31st March, 1983 (Thursday), as the date before which the election shall be

completed.

2

NOTIFICATION

No. 100/SKM-LA/l/82(3).- In pursuance of section 56 of theRepresentation of the

People Act, 1951 (43 of 1951), the Election Commission hereby fixes the hours from 8.00 A.M

the 4.00.P.M. As the hours during which a poll shall, if necessary, be taken for the bye-election

to the Sikkim Legislative Assembly from 26-Rakdong Tintek (BL) assembly constituency to be

held in pursuance of its notification No. 100/SKM-LA/1/82(1), dated 24th February, 1983.

By order,

H. R. GUPTA, C. L.ROSE,

Deputy Chief Electoral Under Secretary to the

Officer, Sikkim. Election Commission of India.

_____________________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK

S I K K I M


EXTRAORDINARY


Gangtok No. : 19 Dated 25/2/83

_________________________________________________________________________________________


Labour Department

NOTIFICATION NO : 2/DL

DATED : GANGTOK, THE 25th FEBRUARY 1983

The following draft of certain rules which the State Government

proposes to make in exercise of the powers conferred by section 35 of the

Inter-State Migrant Workmen (Regulation of Employment and Condition of

Service) Act, 1979, is published as required by sub-section (1) of the said

section for the information of all persons likely to be affected thereby and

notice is hereby given that the said draft rules will be taken into consideration

on or after the expiry of 45 days from the date of publication of this

Notification in the Official Gazette.

Any objection or suggestions which may be received from any person

with respect to the said draft Rules before the expiry of the period so specified

will be taken into consideration by the State Government.

ERRATA

Page 2 : 5(b) line 2 word 'falls' should -read 'fails'

6(b) line 3 for 'egister' read 'Register'

line 6 for 'amendnment' read 'amendment'

Page 3 : 7(c) (i) line 3 insert 'the' between 'to effect'

(d) for 'reffered' read 'referred'

(e) for 'reffered' read 'referred'

9 for (e) read (a)

Page 4 : 10(b) for 'From VII' read 'Form VIP

Page 5 : 12(A) for 'Section 5' read 'Section 4'

(B) Line 1 for (b) read (c)

Page 6 : 13(C) (ii) Line 2 insert 'officer' after 'licensing'

16 line 2 for 'preceding' read 'proceeding'

Page 8 : 20 Line I for (i) read (I)

(2) line 2 should read 'licensing and appeals etc...'

Page 9 : 23(B) for (v) read (iv)

24 line 2 for 'From XI' read 'Form XI'

25 line 6 for 'Wage Act' read 'Wages Act'

Page 10 : 27 line 3 'cases the expiry' should read 'cases before the enquiry'

Page 11 : 31(2) line 5 for 'tresment' read 'treatment'

(4) (a) line I for 'mumber' read 'number'

Page 13 : 34 Insert (I) after 'Rest Rooms'

(5) line 2 'area 1.1 square' should read 'area of 1.1 square'

(6) line 2 'against wind' should read 'against heat, wind ..'

Page 16 : 38 line 2 'and which' should read 'and in which'

37 (7) for othewise' read 'otherwise'

Page 17 : 39 (i) line 4 for 'latrinc' read 'latrine'

Page 18 : 41 line 4 for 'is' read 'as' and for 'adequte' read 'adequate'

line 5 should read 'also available for use of

migrant workmen, that facility shall be deemed'

44 line 3 for 'From XIV read 'Form XIV

Page 19 : 46 (2) (c) should read 'Register of fines, register

of deductions for damage or loss, register

of advances shall be maintained by every

contractor in Forms XIX, XX and XXII respectively'

THE DRAFT OF THE INTER-STATE MIGRANT WORKMEN

(REGULATION) OF EMPLOYMENT AND CONDITIONS OF

SERVICE) RULES, 1983.

CHAPTER—1.

1. Short title and Commencement :- (1) These rules may be called the Inter-State Migrant

Workmen (Regulation of Employment and Conditions of Service) Rules, 1983.

(2) They shall come into force on the date of the publication of the official gazette.

2. Definations :- In these rules unless the subject or context otherwise requires :-

(a) "Act" means the Inter-State Migrant Workmen (Regulation of Employment and

condition of Service) Act, 1979.

(b) "Appellate Officer" means an appellate officer nominated by the State Government

under section- 11.

(c) "Secretary" means the Secretary to Government of Sikkim in Labour Department.

(d) "Form" means a form appended to these rules ;

(e) "Inspector" means an inspector appointed by the State Government under section 20 ;

(f) "Licensing officer" means the licensing officer appointed by the State Government under section 7;

(g) "Migrant workman" means an Inter-State Migrant workman as defined in section 2 ;

(h) "Registering officer" means the registering officer appointed by the State Government under section 3;

(i) "Section" means a section of the Act;

(j) "Specified authority" means the authority specified by the State Government for the

purpose of section 12 and 16 ; and

(k) All other words and expressions used in thess rules but not defined therein shall have

the meanings respectively assigned to them in the Act.

CHAPTER-II

3. Manner of making application for registration of establishments :- (a) The application

for registration of an establishment shall be made in triplicate in Form 1 to the registering

officer of the area in which the establishment sought to be registered is located.

(b) The application shall be accompanied by a crossed demand draft showing pay-

ment of fees for the registration of the establishment.

(c) The application shall be either personally delivered to the registering officer or

sent to him by registered post.

(d) On receipt of the application, the registering officer, shall after noting thereon

the date of receipt by him of the application, give an acknowledgement to the applicant

4. Issue of certificate of registration :- (a) Where the registering officer registers the

establishment, he shall issue to the principal employer a certificate of registration in Form II.

(b) The registering officer shall maintain a register in Form III showing the particulars

of the establishment in relation to which certificates of registration are issued by him.

(c) If, in relation to an establishment, there is any change in the particulars spe-

cified in the certificate of registration, the principal employer of the establishment shall

intimate to the registering officer, with n thirty days from the date when such change

takes place, the particulars of, and the reasons for, such change.

5. Circumstances in which application for registration may be rejected :- (a) If any

application for registration is not complete in all respects, the registering officer shall

require the principal employer to amend the application so as to make it complete in

all respects.

(b) If the principal employer, on being required by the registering officer to amend

his application for registration, omits or falls to do so, the registering officer shall

reject the application for registration.

6. Amendment of certificate of registration :- (a) Where on receipt of the intimation

under sub-rule (c) of rule 4, the registering officer is satisfied that an amount higher

than the amount, which has been paid by the principal employer as fees for the regis-

tration of the establishment is payble, he shall require such principal employer to

deposit a sum which, together with the amount already paid by such principal employer

would be equal to such higher amount of fees payable for the registration of the estab-

lishment and to produce receipt showing such deposit.

(b) Where, on receipt of the intimation reffered to in sub-rule (c) of rule 4,the

registering officer is satisfied that there has occured a change in the particulars of the

establishment, as entered in the register in Form III, he shall amend the said egister

and record therein the change thus occurred :

Provided that no such amendment shall affect anything done

or any action taken or any right, obligation or liability acquired or incurred before such

amendnment.

Provided further that the registering officer shall not carry out any amendment in

the register in Form III unless the appropriate fees have been deposited by the principal

employer.

7. Application for a licence :- (a) Every application by a contractor for the grant

of a licence for recruiting a person under clause (a) of section (1) of section 8 shall

be made in triplicate, in Form IV to the licensing officer having jurisdiction in relation

to the area wherein recruitment is made.

(b) Every application by a contractor for employing a migrant workman under

clause (b) of sub-section (1) of section 8 shall be made, in Form V to the licensing

officer having jurisdiction in relation to the area wherein the establisment is situated.

(c) (i) Every application for the grant of a licence under sub-rule (a) or sub-

rule (b) shall be accompanied by a certificate of the principal employer in Form VI

to effect that he undertakes to be bound by all the provisions of the Act and the

rules made thereunder so far as they are applicable to him in respect of the recruit-

ment or employment of the migrant workman, in respect of which the contractor is

making the application.

(ii) Every such application shall be either personally delivered to the licensing officer

concerned or sent to him by registered post.

(d) On receipt of the application reffered to in sub-rule (a) or sub-rule (b), the

licencing officer concerned shall after noting thereon the date of receipt of the application,

grant an acknowledgement to the applicant.

(e) Every application reffered to in sub-rule (a) shall also be accompanied by the

receipt obtained as required by rule 20.

8. Matters to be taken into account in granting or refusing a licence :- In granting

or refusing to grant a licence the licensing officer shall take the following matters into

account, namely :-

(a) Whether the applicant –

(i) is a minor or

(ii) is of unsound mind and stands so declared by a

competent court, or

(iii) is an undischarged insolvent, or

(iv) has been convicted at any time during the period of five years

immediately preceding the date of application, for an offence which,

in the opinion of the State Government, involves moral turpitude.

(b) Whether any order has been made in respect of the applicant

under sub-section (a) of section 10, and if so whether a period

of three years has elapsed from the date of that order.

(c) Whether the fees for the application has been deposited by the

rates specified in rule 12, and

(d) Whether security, wherever necessary, has been deposited by the

applicant at the rates specified in sub-rule (a) of rule 10.

9. Refusal to issue licence :- (e) On receipt of the application from the contractor,

and as soon as possible thereafter the licensing officer shall investigate or cause investi-

gation to be made to satisfy himself about the correctness of the fact and particulars

furnished in such application and the eligibility of the applicant for a licence.

(b) (i) Where the licensing officer is of the opinion that the licence should not be

issued, he shall after affording reasonable opportunity to the applicant to be heard, make

an order rejecting the application.

(ii) The order shall record the reasons for the refusal and shall be communi-

cated to the applicant.

10. Security :- (a) Where the licensing officer is satisfied in accordance with the

procedure laid down in the provision to sub-section (b) of section 8, that any person

who has applied for or who has been issued a licence should furnish security for the

due performance of the conditions of the licence, he shall prepare an estimate of the

amount needed to provide for recruitment or employment of migrant workmen on the

basis of the factors specified in sub-section (c) of the said section and after considering

the solvency of such person, determine the amount of the security to be furnished by

such person, which shall not exceed forty per cent of the amount estimated by him.

(b) Where the applicant for the licence was holding a licence in regard to another

work and that licence had expired the licensing officer, if he is of the view that any

amount out of the security, if any deposited in respect of that licence is to be refun-

ded to the applicant under Rule 17, he may on an application made for the purpose

in From VII by the applicant adjust the amount so to be refunded towards the secu-

rity, if any required to be deposited in respect of the application for the new licence

and the appplicant need deposit, is such a case, only the balance amount, if any after

making such adjustment.

11. Forms and terms and conditions of licence :- (1) Every licence issued under

sub-section (a) of section 8 shall be in Form VIII.

(2) Every licence granted under sub-rule (1) or renewed under Rule 15 shall be

subject to the following conditions, namely :-

(i) the licence shall be non-transferable:

(ii) the terms and conditions of the agreement or arrangement or the arran-

gement under which the migrant workmen is recruited or employed.

(iii) the number of migrant workmen recruited or employed :

(iv) the number of workmen recruited or employed as migrant workmen in

the establishment shall not, on any day exceed the maximum number

specified in condition (iii) :

(v) the rates of wages payable to the migrant workman by the contrator shall

not be less than the rates prescribed under the Minimum Wages Act,

1948 or the rates fixed by the State Government, as the case may

be, for such employment and where the rates have been fixed by

agreement, settlement or award, not less than the rates so fixed:

(vi) Save as provided in these rules the fees paid for the issue, or, as the

case may be, for renewal of licence shall be non-refundable :

(vii) (a) in cases where the migrant workmen recruited or employed by the

contractor perform the same or similar kind of work as the workmen

directly employed by the principal employer of the establishment the wages

rates, holidays, hours of work and other conditions of service of the

migrant workmen of the contractor shall be the same as applicable

the workmen directly employed by the principal employer of the esta-

blishment on the same or similar kind of work :

Provided that in the case of any disagreement with regard to the type of

work, the same shall be decided by the Secretary whose decision shall be final.

b) in other cases, the wage rates, the holidays, hours of work and conditions of

service of the migrant workmen recruited or employed by the contractor

shall be such as prescribed in these rules.

(viii) every migrant workman shall be entitled to allowances, benefits, facilities

etc., prescribed in the Act and the rules :

(ix) no female migrant workman shall be employed by any contractor be-

fore 6 A. M. or after 7 P. M.

Provided that this clause shall not apply to the employment of female migrant

workman in Pit head Baths, Creches and canteens and Midwives and Nurses in

hospitals and dispensaries:

(x) the contractor shall notify any change in the number of migrant work-

men or the conditions of work to the licensing officer ;

(xi) the contractor shall comply with all the provisions of the Act and the

rules ;

(xii) a copy of the licence shall be displayed prominently at the permises where

the migrant workmen are employed :

(xiii) the period for which the licence shall be valid.

12. Fees :- (A) The fees to be paid for the grant of certificate of registra-

tion of an establishment under section 5 shall be as specified below :-

If the number of migrant workmen proposed to be employed in the establishment—

on any day Rs. Ps

(a) is 5 but does not exceed 20 30. 00

(b) exceeds 20 but does not exceed 50 75. 00

(c) exceeds 50 but does not exceed 100 150. 00

(d) exceeds 100 but does not exceed 200 300. 00

(e) exceeds 200 but does not exceed 400 600. 00

(f) exceeds 400 750. 00

(B) The fees to be paid for the grant of licence under sub-section (b)

of section 8 shall be as specified below :—

If the number of migrant workmen recruited or employed by the contractor on any

day-

(a) is 5 but does not exceed 20 10.00

(b) exceeds 20 but does not exceed 50 20.00

(c) exceeds 50 but does not exceed 100 40.00

d) exceeds 100 but does not exceed 200 80.00

e) exceeds 200 but does not exceed 400 160.00

(f) exceeds 400 200.00

13. Amendment of the licence:- (A) A licence issued under Rule 11 or renewed

under Rule 15 may, for good and sufficient reasons, be amended by the licensing

officer.

(B) The contractor who desires to have the licence amended shall submit to the

licensing officer an application stating the nature of amendment and reasons therefor.

(C) (i) If the licensing officer allows the application he shall require the applicant

to furnish a crossed demand draft for the amount if any, by which the fees that would

have been payable if the licence had been originally issued in the amended form

exceeds the fee originally paid for the licence.

(ii) On the applicant furnishing the requisite receipt, the licence shall be amended

according to the orders of the licensing.

(D) Where the application for amendement is refused, the licensing officer shall

record the reasons for such refusal and communicate the same to the applicant.

14. Renewal of licence :— (a) Every contractor may apply to the licensing officer

for renewal of the licence.

(b) The application shall be in Form IX in triplicate and shall be made not less

than thirty days before the date on which the licence expires, and if the application

is so made the licence shall be deemed to have been renewed until such date when

the renewed licence is issued.

(c) The fees chargeable for renewal of the licence shall be the same as for the grant

there of :

Provided that if the application for renewal is not received within the time speci-

fied in sub-rule (b), a fee of twenty-five per cent in excess of the ordinarily payable

for the licence shall be payable for such renewal :

Provided further that in case where the licensing officer is satisfied that the delay

in submission of the application is due to unavoidable circumstances beyond the control

of the contractor, he may reduce or remit as he deems fit the payment of such excess fee.

15. Period of renewal of the licence :- Every licence renewed under this rule 15

shall remain in force for a furrher period of twelve months from the date of the

order of renewal.

16. Issue of duplicate certificate of registration or licence :- Where a certificate or

registration or licence granted or renewed under the preceding rules has been lost,

defaced or accidentally destroyed, a duplicate thereof may be granted on payment of

fees of Rs. 10/-

17. Refund of security :- (A) (i) On expiry of the period of licence the contractor

may, if he does not intend to have his licence renewed or get the security amount

adjusted in respect of his fresh application for licence in terms of sub-rule (b) of rule

10 makes an application to the licensing officer for the refund of the security, if any

deposited by him under rule 10.

(ii) If the licensing officer is satisfied that there is no breach of the conditions

of licence or there is no order under section 10 for forefeiture of security or any

portion thereof, he shall direct the refund of the security to the applicant.

(B) If there is any order directing the forefeiture of the whole or any part of the

security, the amount to be forefeited shall be deducted from the security deposit, and

balance, if any, shall be refunded to the applicant.

(c) The application for refund shall as far as possible be disposed of within sixty

days of the receipt of the application.

18. Appeals and procedure:- (A) (i) Every appeal under section 11' shall be prefe-

rred in the form of a memorandum signed by the appellant or his authorised agent

and presented to the appellate officer in person or sent to him by registered post.

(ii) The memorandum shall be accompanied by a certified copy of the order and

a crossed demand draft for Rs. 25.

(B) The memorandum shall set forth precisely and under distinct heads the grounds

of appeal to the order appealed from.

(C) Where the memorandum of appeal does not comply with the provisions of sub-

rule (B) it may be rejected or returned to the appellant for the purpose of being

amended within a time to be fixed by the appellate officer.

(D) Where the appellate officer rejects the memorandum of appeal under sub-rule (3)

he shall record the reasons for such rejection and communicate the same to the appellant.

(E) Where the memorandum of appeal is in order, the appellate officer shall admit

the appeal, endorse thereon the date of presentation and shall register the appeal in the register of appeals kept for the

purpose. .

(F) (i) When the appeal has been admitted, the appellate officer shall send a

notice to the registering officer or the licensing officer, as the case may be, from whose

order the appeal has been preferred. The registering officer or as the case may be, the

licensing officer shall thereupon send the record of the case to the appellate officer.

(ii) On receipt of the record the appellate officer shall send a notice to the

appellant to appear before him on such date and time as may be specified in the

notice for the hearing of the appeal.

(G) If on the date fixed, for the hearing, the appellant does not appear, the

appellate officer may dismiss theappeal for default of appearance of the appellant.

(H) (i) Where an appeal has been dismissed under sub-rule (G), the appellant may

apply to the appellate officer for re-admission of the appeal, and where it is proved

that he was prevented by any sufficient cause from appearing when appeal was called

on for hearing, the appellate officer shall restore the appeal on its original number.

(ii) An application under clause (i) shall, unless the appellate officer extends the

time for sufficient reason, be made within thirty days of the date of dismissal.

(I) (i) If the appellant is present when the appeal is called on for hearing, the

appellate officer shall proceed to hear the appellant or his authorised agent and any

other person summoned by him for the purpose, and pronouce judgement on the

appeal either confirming, reversing or modifying the order appealed from.

(ii) The judgement of the appellate officer shall state the points for determination,

decisions thereon and the reasons for the decisions.

(iii) The order shall be communicated to the appellant and a copy thereof shall be

sent to the registering officer or the licening officer, as the case may be, from whose

order the appeal has been preferred.

19. Obtaining of copies of order :- A copy of the order of the registering officer,

licensing officer or appellate officer may be obstained on payment of a fees of Rs. 2 per

copy of each order on application specifying the date and other particulars of the

order, made to ihe officer concerned.

20. Payment of fee and security deposits :- (i) The payment of the various fees

relating to registration, licensing and security deposits shall be made through a crossed

Demand Draft drawn in favour of the concerned departmental officer and payable at the

station at which he is stationed alongwith a Treasury Challan duly filled in indicating the

relevant head of account creditable to the account of the concerned Finance Department.

(2) The heads of accounts under with the receipts relating to the fees for registrations

and appeals etc. shall be credited will be "087-Labour & Employment."

CHAPTER III

Duties of the Contractor

21 Particulars of migrant workman:— (a) Every contractor shall furnish to the

specified authorities the particulars regarding recruitment and employment of migrant

workmen in Form X.

(b) The particulars shall be either personally delivered by the contractor to the

concerned specified authorities or sent to them by registered post.

22. Return fare :— The contractor shall pay to the migrant workman the re-

turn fare from the place of employment to the place of residence in the home-state of

the migrant workman on the expiry of the period of employment and also on his-

(a) termination of service before the expiry of the period of employment for any

reason what-so-ever :

(b) being incapacitated for further employment on account of injury or conti-

nued ill-health duly certified as such by a registered medical practitioner:

(c) cessation of work in the establishment which is not due to any fault on the

part of the migrant workman : and

(d) resignation from service on account of non-fulfilment of terms and conditions

of his employment by the contractor.

23. Pass Book :- (A) In the pass book referred to in clause (b) of sub-section

(1) of section 12, the following additional particulars shall be indicated, namely:-

(a) the date of recruitment :

(b) the date of employment :

(c) total attendance/unit of work done (in respect of piece-rated migrant)/total

wages earned/deductions if any made/net amount paid and signature of con-

tractor or his duly authorised representative with date : and (These entries

shall be made separately in respect of each wage period within three days from

the date of payment) :

(d) name and address of the next of kin of migrant workman.

(B) In case of fatal accident or serious bodily injury to any migrant workman

the contractor shall immediately send telegrams to the specified authorities of both the

States and also the next of the kins of the migrant workman intimating

death or the nature of serious bodily injury sustained by the migrant workman, as the

case may be, date, place and nature of accident. The contractor shall further send written

report to the specified authorities concerned and the next of the kin of the migrant

workman undermentioned particulars, by registered post within 24 hours of the occurence

of the accident:-

(i) Name of the migrant workman :

(ii) Date, place and nature of accident :

(iii) Condition of the migrant workman (if alive) :

(v) Action taken by the contractor/principal employer :

(v) Remarks

(C) If the contractor fails to send the telegraphic intimation and/or written re-

ports as required under sub-rule (B) the principal employer shall comply with the re-

quirement of sub-rule (B) as early as possible but in any case not later than 48 hours

of the time of occurance of the accident.

24. Return and Report : Every contractor shall furnish a return regarding mig-

rant workman who have ceased to be employed in From XI to the specified authorities

concerned either personally or by registered post so as to reach them not later than 15 days

from the date of migrant workman ceases to be employed.

CHAPTER IV

Wages

25. Rate of wages:— The rate of wages of a migrant workman in an establish-

ment where he is required to work which is neither same nor of similar kind as is

being performed by any other workman in that establishment shall not be less than

the rate of wages paid by the principal employer to a workman in the lowest category

of workman directly employed by him in that establishment or the minimum rates of

wages notified by the State Government under the Minimum Wage Act, 1948 or rates

fixed by the State Government as the case may be for the same or similar type of

work performed by workmen in any scheduled employment in the area in which the

establishment is located, or the rates of wages payable to the workmen for performing

same or similar kind of work in that establishment in the State in which the establish-

ment is located, whichever is higher:

Provided that if there is any dispute in this regard or with regard to applicability

of wage rates to a migrant workman under sub-clause (b) of sub-section (1) of section

13, the same shall be decided by the Secretary, whose decision shall be final.

26. Wage period :— (A) The contractor shall fix wage periods in respect of which

wages shall be payable.

(B) No wage period shall exceed one month.

27. Payment of wages :— The wages of every migrant workman in an establish-

ment by a contractor where less than 1000 workmen are employed shall be paid before

the expiry of the seventh day and in other cases the expiry of tenth day every month.

28. Payment on termination :— Where the employment of any migrant workman is

terminated by or on behalf of the contractor, the wages earned by the migrant workman

shall be paid before the expiry of the second working day from the day on which his

employment is terminated.

29. Mode of payment :— (1) All payments of wages shall be made by the con-

tractor on working day at the work premises and during the working time and on a

date notified in advance and in case the work is completed befo re the expiry of final

payments shall be made within forty-eight hours of the last working day.

(2) Wages due to every migrant workman shall be paid to him direct or to other

persons duly authorised by him in this behalf.

(3) All wages shall be paid in current coin or in currency or in both. Wages

shall be paid without any deduction of any kind except those specified by the State

Government by general or special order in this behalf or permissible under the Payment

of Wages Act, 1936.

(4) A notice showing the wage period, the place and time of disbursement of

wages shall be displayed at the place of work and a copy sent by the contractor to

the principal employer under acknowledgement.

(5) The principal employer shall ensure the presence of his authorised representative

at the place and time of disbursement of wages by the contractor to the migrant

workman, and it shall be the duty of the contractor to ensure the disbursement of wages

in the presence of such authorised representative.

(6) The authorised representative of the principal employer shall record under his

signature a certificate at the end of all the entries in the register of wages or the

wages cum muster roll, as the case may be, in the following form-

"Certified that the amount shown in column No :—

has been paid to the migrant workman concerned in my presence on....."

CHAPTER V

Medical and other facilities to be provided

to migrant workmen.

30. Holidays, hours of work and other conditions of service :— (1) Holidays, hours

of work including extra wages for overtime work done and other conditions of service

of migrant workmen shall not be less favourable than those obtaining in that establish-

ment or in similar employments in the area in which the establishment is located, as

the case may be.

(2) Where there is any dispute in this rega d or with regard to applicability of

holidays, hours of work including extra wages for overtime work done and other con-

ditions of service to a migrant workman under clause (a) of sub-section (1) of section

13, the same shall be decided by the Secretary whose decision shall be final.

31.Medical facilities :— (1) The contractor, shall ensure provision of suitable and

adequate medical facilities for out-door treatment to the migrant workman free of cost

for treatment of any ailment from which the migrant workman or any member of his

family may suffer during his employment in the establishment or to meet any preventive

measure against epidemic or any virus infection. Whenever any medicine is purchased

by a migrant workman from market on the basis of the prescription issued by any

Doctor provided by the contractor or the principal employer, as the case may, be, or

any registered medical practitioner, the cost of such medicine shall be reimbursed by

the contractor to the migrant workman concerned of the bill by the migrant workman.

(2) In the event of migrant workman or any of his family members suffering

from any ailment requiring hospitalisation during his employment in the establishment,

the contractor shall promptly arrange for the hospitalisation of the migrant workman

or the concerned member of his family. The contractor shall bear entire expenses on

treatment, hospital charges (including diet), if any, and travel expenses for the patient

from the place of his/her residence to the hospital and back.

(3) Every contractor shall provide and maintain, so as to be readily accessible

during all working hours, first-aid boxes at the rate of not less than one box for one

hundred and fifty workmen or part thereof.

(4) The first-aid box shall be distinctly marked with a Red Cross on a white

ground and shall contain the following equipment, namely—

(a) for, the establishment in which mumber of migrant workmen employed does

not exceeed fifty, each first-aid box shall contain the following equipment :\

(i) 6 small sterilized dressings ;

(ii) 3 medium size sterilized dressings;

(iii) 3 large size sterilized dressings ;

(iv) 3 large sterilized burn dressings ;

(v) 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine

(vi) 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label ;

(vii) 1 snake-bite lancet ;

(viii) 1 (30 gms.) bottle of potassium permanganate crystals ;

(ix) 1 pair scissors ;

(x) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advisory

Service and Labour Institutes, Government of India ;

(xi) A bottle containing 100 tablets (each of 5 grains) aspirin ;

(xii) Ointment for burns ; and

(xiii) A bottle of suitable surgical antiseptic solution.

(b) For establishments in which the number of migrant workmen execed fifty each

first-aid box shall contain the following equipment :—

(i) 12 small sterilized dressings ;

(ii) 6 medium size sterilized dressings ;


(iv) 6 large size sterilized burn dressings ;

(v) 6 (15 grms.) packets sterilized cotton wool ;

(vi) 1 (80 ml.) bottle containing a two per cent alcoholic solution of iodine

(vii) 1 (60 ml.) bottle containing salvolatile having the dose and mode of

administration indicated on the label;

(viii) 1 roll of adhesive plaster ;

(ix) a snake-bite lancet ;

(x) 1 (30 grms) bottle of potassium permanganate crystals ;

(xi) 1 pair scissors ;

(xiii) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advisory


(xiii) A bottle containing 100 tablets (each of 5 grains) of aspirin ;

(xiv) Ointment for burns ; and

(xv) A bottle of a suitable surgical antispetic solution.

(5) Adequate arrangements shall be made for immediate recoupment when necessary.

(6) Nothing except the contents mentioned in sub-rule (4) shall be kept in the first-aid box.

(7) The first-aid box shall be in charge of a responsible person who shall always

be readily available during the working hours of the establishment.

(8) The person in-charge of the first-aid box shall be a person trained in first-

aid treatment, in establishments where the number of migrant workmen is one hundred

and fifty or more.

32. Protective clothing :— (1) The contractor shall provide to every migrant workman

where the temperature falls below 20 degree centigrade, protective clothing consisting of

one wollen coat and one woollen trousers one set in two years;

Provided that where the temperature falls below 5 degree centigrade a woollen overcoat

shall also be provided to the migrant workman once in three years.

(2) The protective clothing shall be provided by the contractor to every migrant

workman before onset of winter season in the area where the establishment is located

or on the 30th day of September, whichever is earlier.

33. Drinking water, latrines, urinals and washing facilities :— (1) The contractor shall

provide sufficient quantity of wholesome drinking water, sufficient number of sanitary

latrines and urinals, washing facilities for the migrant workmen at the establishment in

the case of existing establishments within seven days of the commencement of these

rules, and in case of new establishment, within seven days of the commencement of

employment of migrant workmen therein.

(2) If any of the facilities are not provided by the contractor within the specified

period, the same shall be provided by the principal employer within seven days of the

expiry of the period specified in sub-rule (1).

34. Rest rooms :— In every place where migrant workmen are required to halt at

night in connection with the working of the establishment and in which employment

of migrant workmen is likely to continue for three months or more, the contractor shall

provide and maintain rest rooms or other suitable alternative accommodation within

fifteen days of the coming into force of the rules in case of the existing establishment,

and within fifteen days of the commencement of the employment of migrant workmen

in the case of new establishments.

(2) If the amenity is not provided by the contractor within the specified period,

the principal employer shall provide the same within a period of fifteen days of the expiry of the

period specified in sub-rule (1).

(3) Separate rooms shall be provided for female migrant workmen.

(4) Effective and suitable provisions shall be made in every room for securing and

maintaining adequate ventilation by circulation of fresh air, and there shall also be provided

and maintained sufficient and suitable natural and artificial lighting.

(5) The rest rooms, or other suitable alternative accommodation shall be of such

dimensions so as to provide at least a floor area 1.1 square metre for each person.

(6) The rest room, rooms or other suitable alternative accommodation shall be so

constructed as to afford adequate protection against, wind, rain and shall have smooth

hard and impervious floor surface.

(7) The rest rooms or other suitable accommodation shall be at a convenient

distance from the establishment and shall have adequate supply of wholesome drinking

water.

35. Canteen :— (1) In every establishment wherein work regarding the employment

of migrant workmen is likely to continue for six months and wherein migrant workmen

numbering one hundred or more are ordinarily employed an adequate canteen shall be

provided by the contractor for the use of such migrant workmen within sixty days

of the date of coming into force of the rules in the case of the existing establishment

and within sixty days of the commencement of the employment of migrant workmen


(2) If the contractor fails to provide a canteen within the time laid down, the same

shall be provided by the principal employer, within sixty days of the expiry of the

time allowed to the contractor.

(3) The canteen shall be maintained by the contractor or principal employer, as

the case may be in an efficient manner.

(4) The canteen shall consist of at least a dining hall, kitchen, store-room, pantry

and washing places separately for migrant workmen and for utensils.

(5) (i) The canteen shall be sufficiently lighted at all times when any person has

access to it.

(ii) The floor shall be made of smooth and impervious material and inside

walls be lime-washed or colour-washed at least once in each year.

Provided that the inside walls of the kitchen shall be lime-washed every four

months.

(6) (i) The precincts of the canteen shall be maintained in clean and sanitary

condition.

(ii) Waste water shall be carried away in suitable covered drains and shall not be

allowed to accumulate so as to cause a nuisance.

(iii) Suitable arrangements shall be made for the collection and disposal of garbage.

(7) The dining-hall shall accommodate at a time at least 30 per cent of the

migrant workmen working at a time.

(8) The floor area of the dining-hall, excluding the area occupied by the service

counter and any furniture except tables and chairs shall be not less than one square

meter per diner to be accommodated as specified in sub-rule (7).

(9) (i) A portion of the dinning hall and service counter shall be partitioned off

and reserved for women migrant workmen in proportion to their number.

(ii) Washing places for women shall be separate and screened to secure privacy.

(10) Sufficient tables, stools, chairs or benches shall be available for the diners

to be accommodated as specified in sub-rule (7).

(11) (i) There shall be provided and maintained sufficient utensils, crockery

cutlery, furniture and any other equipment necessary for the efficient running og the canteen.

(ii) The furniture, utensils and other equipment shall be maintained in a clean

and hygenic condition.

(12) (i) Suitable clean cloths for the employees serving in the canteen shall also

be provided, and maintained.

(ii) A service counter, if provided, shall have a top of smooth and impervious

material.

(iii) Suitable facilities including an adequate supply of hot water shall be provided

for the cleaning of utensils and equipment.

(13) The foodstuffs and other items to be served in the canteen shall be in con-

formity with the normal habits of the migrant workmen.

(14) The charges for meals, other foodstuffs, beverages and any other items served

in the canteen shall be based on no-profit, no-loss basis and shall be conspiciously

displayed in the canteen.

(15) In arriving at the prices of food-stuffs and other articles served in the canteen

the following items shall not be taken into consideration as expenditure, namely :-

(a) The rent for the land and buildings ;

(b) The depreciation and maintenance charges for the building and equipment

provided for in the canteen ;

(c) The cost of purchase, repairs and replacement of equipments including furniture,

crockery, cutlery and utensils ;

(d) The water charges and other charges incurred for lighting and ventilation;

(e) The interest on the amounts spent on the provision and maintenance of

furniture and equipment provided for in the canteen.

(16) The books of accounts and registers and other documents used in connection

with the running of the canteen shall be produced on demand to an Inspector.

(17) The accounts pertaining to the canteen shall be audited once every twelve

months by registered accountants and auditors :

Provided that the Secretary may approve of any other person to audit the accounts,

if he is satisfied that it is not feasible to appoint a registered accountant and auditor

in view of the site or the location of the canteen.

36. Latrine and urinals :-(l) Latrine shall be provided in every establishments on

the following scale namely –

(a) Where females are employed, there shall be at least one latrine for every 25 females ;

(b) Where males are employed, there shall be at least one latrine for every 25 males ;

Provided that where the number of males or females exceeds 190 it shall be suffi-

cient if there is one latrine for 25 males or females, as the case may be, upto the

first 100, and one for every 30 thereafter.

(2) Every latrine shall be under cover and so partitioned off as to secure pri-

vacy, and shall have a proper door and fastenings.

(3) (i) Where workers of both sexes are employed there shall be displayed

outside each block of latrine and urinal a notice in the language understood by the

majority of the workers 'For Men only', or 'For Women only', as the case may be.

(ii) The notice shall also bear the figure of a man or of a woman, as the

case may be.

(4) There shall be at least one urinal for male workers upto fifty and one for

females upto fifty employed at a time:

Provided that where the number of male or female workmen, as the case may be,

exceeds 500 it shall be sufficient if there is one urinal for every fifty

female upto the first 500 and one for every 100 or part thereof there-

after.

(5) The latrines and urinals shall be conveniently situated and accesible to worker

at all times at the establishment.

(6) (i) The latrines and urinals shall be adequately lighted and shall be

maintained in a clean and sanitary condition at all times.

(ii) Latrines and urinals other than these connected with a flush sewage system

shall comply with the requirements of the public health authorities.

(7) Water shall be provided by the mean of tap or othewise so as to be

conveniently accessible in or near the latrine and urinals.

37. Washing facilities :- (1) In every establishment adequate and suitable faci-\

lities for washing shall be provided and maintained for the use of migrant workmen

employed therein.

(2) Separate and adequate screening facilities shall be provided for the use of

male and female migrant workmen.

(3) Such facilities shall be conveniently accessible and shall be kept in clean

and in hygenic condition.

38. Creche :- (1) In every establishment where 20 or more workmen are ordi-

narily employed as migrant workmen and which employment of migrant workmen is

likey to continue for three month or more, the contractor shall provide and maintain

two rooms of reasonable dimensions for the use of their children under the age of six

years, within fifteen days of the coming into force of the rules, in case of existing

establishment, and within fifteen days of the commencement of the employment of not

less than twenty women as migrant workmen in new establishments.

(2) One of such rooms shall be used as playroom for the children and the

other as bedroom for the children.

(3) If the contractor fails to provide the creche within the time laid down, the

same shall be provided by the principal employer within fifteen days of the expiry of

the time allowed to the contractor.

(4) The contractor or the principal employer as the case may be, shall supply

adequate number of toys and games in the playrooms and sufficient number of cots

and beddings in the sleeping room.

(5) The creche shall be so constructed as to afford adequate protection against

heat, damp, wind, rain and shall have smooth, hard and impervious floor surface.

(6) The creche shall be at a convenient distance from the establishment and shall

have adequate supply of wholesome drinking water.

(7) Effective and suitable provisions shall be made in every room of the creche for

securing and maintaining adequate ventilation by circulation of fresh air and there shall

also be provided and maintained sufficient and suitable natural or artificial lighting.

39. Residential accommodation :— (1) The contractor shall provide to every

migrant

workman :—

(i) in case he is accompanied by any other member of his family a suitable

barrack so as to accommodate one room having at least a floor area of

10 square metres, a verandah and adequate additional covered space for

cooking food as well as one common sanitary latrine, one common bath-

room for every three such quarters; and

(ii) in case he is unaccompanied by any other member of his family a suitable barrack

so as to accommodate not more than ten such migrant workmen, having

at least a floor area of not less than 6.5 square metres for each such

migrant workman making use of the barrack, a verandah and adequate

additional covered space for cooking food as well as one common sanitary

latrine and one common bathroom for every ten such migrant workmen;

Within fifteen days of coming into force of the rules in the case of the existing

establishments and within fifteen days of the commencement of the employment of

migrant workmen in new establishment.

(2) Every quarter and the barrack shall be so constructed as to afford adequate

ventilation, protection against heat, wind, rain and shall have smooth, hard and impervious

floor surface.

(3) The quarters or the barracks, as the case may be, shall be at a convenient


water.

(4) The area in which the quarters and or the barracks are located as well as

the latrines and the bathrooms provided therein shall be kept in a clean and sanitary

conditions at all times.

(5) If the amenities referred to in sub-rule (1) are not provided by the contractor

within the period prescribed, the principal employer shall provide the same within a

period of fifteen days of the period laid down in the said sub-rule.

(6) If there is any dispute or disagreement regarding suitability or adequacy of

provision of any of the amenties referred to in sub-rules (1) to (4) the same shall be

decided by the Secretary whose decision shall be final.

40. Liability of the principal employer in certain cases :- If any allowance

required

to be paid under section 14 or section 15 to a migrant workman employed in an

establishment to which this Act applies is not paid by the contractor or if any facility

specified in section 16 is not provided for the benefit of such migrant workmen, such

allowance shall be paid, or, as the case may be, the facility shall be provided, by the

principal employer within fifteen days of the expiry of the time allowed to the con-

tractor under the rules except where otherwise provided for in the relevant rules:

Provided that in case of ailment requiring urgent medical attention or hospitali-

sation, as the case may be, the principal employer shall provide the same immediately

on the failure of the contractor to do so.

41. Relaxation in certain cases :- If the contractor or, principal employer, as the

case may be, has already provided any facility relating to supply of wholesome drinking

water or, rest-rooms or latrines and urinals or washing, canteen or creche or first-aid

is required under any Act applicable to the establishment and the same is adequte and

also available to the establishment and the migrant workmen, that facility shall be deemed

to be provided for under these rules.

CHAPTER VI

Registers and Records-Collection of Statists

42. Register of contractors - Every principal employer shall maintain in respect of

each registered establishment a register of contractors in Form XII.

43. Register of persons employed :- Every principal employer and contractor shall

maintain in respect of each establishment where he employs migrant workmena register in

Form XIII.

44. Service certificate :-- On termination of employment for any reason whatsoever

the contractor shall issue to the migrant workmen whose services has been terminated

a service certificate in From XIV.

45. Displacement-cum-outward journey allowances sheet and return journey allowances

register :- (1) Every contractor shall maintain displacement-cum-outward journey allow-

ances sheet as required under sub-section (1) of section 14 in form XV and return

journey allowance registered under section 15 in form XVI.

(2) Entries in the sheet and the register required to be maintained under sub-rule

(1) shall be authenticated by the contractor or his duly authorised representative.

46. Muster Roll, wages register, deductions register and overtime register:- (1)

In respect of establishment, which are governed by the Payment of Wages Act, 1936

and the rules made thereunder or the Minimum Wages Act, 1948, and the rules made

thereunder, or Contract Labour ( Regulation and Abolition) Act, 1970 and the rules

made thereunder, the following registers and records are required to be maintained by

the contractor as employer under those Acts and the rules shall be deemed to be regis-

ters and records to be maintained by the contractor under these rules.

(a) muster roll ;

(b) register of wages ;

(c) register of deductions ;

(d) register of fines ;

(e) register of overtime ;

(f) register of advance ;

(2) In respect of establishment not covered by any of the Acts or the rules

referred to in sub-rule (1), the following provisions shall apply, namely :—

(a) Every contractor shall maintain a Muster Roll register and a register of wages

in Forms XVII and Form XVIII respectively :—

(b) Signature or thumb impression of every migrant workman on the register of

wages shall be obtained and entries therein shall be authenticated by the signature

of the contractor or his authorised representative, and duly certified by the autho-

rised representative of the principal employer as required by sub-rule (6) of Rule 29.

(c) Register of deduction, register of fines and register of advance, register of de-

ductions for damage or loss, register of fines and register of advances shall be

maintained by every contractor in Forms XIX, XX and XXI respectively.

(d) Every contractor shall maintain register of overtime in Form XXII.

(3) Notwithstanding anything contained in these rules where a combined or alternative

form is sought to be used for the contractor to avoid duplication of work for com-

pliance with the provisions of any other Act or the rules framed thereunder or any

other laws or regulations or in cases where mechanised pay rolls are introduced for

better administration, alternative suitable form or forms in lieu of any of the forms

prscribed under these rules, may be used with the previous approval of the Secretary

to the Government of Sikkim.

47. Maintenance and preservation of registers :- (1) All registers and other records

required to be maintained under the Act and rules, shall be maintained complete and

up to date, and unless otherwise provided for shall be kept at an office or the

nearest convenient building within the precincts of the workplace or at a place, if any,

specifed by the Inspector on the specific request made by the contractor in this behalf.

(2) All the registers, shall be maintained legibly in English or Nepali.

(3) All the registers and other records shall be preserved in original for a period

of three calender years from the date of last entry made therein.

(4) All the registers, and notices maintained under the Act or rules shall be

produced on demand before the Inspector or any other authority under the Act or

any person authorised in that behalf by the State Government.

(5) Where no deduction or fine has been imposed or no overtime has been

worked during any wage period, a 'NIL' entry shall be made across the body of the

register at the end of every wage period indicating also in precise terms the wage

period to which the 'NIL' entry relates in the respective registers maintained in Forms

XIX and XX and XXI respectively.

48. Display of an abstract of the Rules :- Every contractor shall display an abstr-

act or the Act and the rules in English and Nepali and in the language spoken by

majority of migrant workmen in such form as may be approved by the Secretary to

the Government of Sikkim.

49. Notices :—(1) (i) Notices showing the rates of wages, hours of work, wage

periods, dates of payment of wages, names and addresses of the Inspectors having

jurisdiction, and date of payment of unpaid wages, shall be displayed in English and

in Nepali and in the local language understood by the majority of the workers in con-

spicuous places at the establishment and the work-site by the principal employer of the

contractor, as the case may be.

(ii) The notices shall be correctly maintained in a clean and legible condition.

(2) A copy of the notice shall be sent to the Inspector and whenever any cha-

nges occur, the same shall be communicated to him forthwith.

50. Periodical returns :- (1) Every contractor shall send half yearly returns in

Form XXIII ( in duplicate) so as to reach the licensing officer concerned not later

than thirty days from the close of the half - year.

Note:- Half year for the purpose of this rule means "a period of six months com-

mencing from 1st. January and in July every year".

(2) Every principal employer of a registered establishment shall send anually a

return in Form XXIV (in duplicate ) so as to reach the registering officer concerned not

later than the 15th February following the end of the year to which it relates.

51. (1) The Secretary or the Inspector or any other authority under the Act

shall have powers to call for any information or statistics in relation to migrant work-

men from any contractor or principal employer at any time by an order in writing.

(2) any person called upon to furnished the information under sub - rule (1)

shall be legally bound to do so.

J. Dorjee.

Secretary,

Labour Department,


Gangtok.

FORM I

( See sub-rule (a) of rule 3 )

Application for registration of establishment

employing Migrant workmen.

1. Name and location of the establishment.

2. Postal address of the establishment.

3. Full name and address of the principal employer (Furnish father's/husband's name

in the case of individuals).

4. Names and addresses of the director/particular partners (in case of companies and

firms).

5. Full name and address of the Manager or person responsible for the supervision and control of the establishment.

6. Nature of work carried on in the establishment.

7. Particulars of contractors and migrant workmen.

(a) Names and addresses of Contractors.

(b) Nature of work for which migrant workmen are to be recruited or are employed.

(c) Maximum number of migrant workmen to be employed on any day through each contractor.

(d)Establishment date and commencement of work under each Contractor.

(e) Estimated date of termination of employment of migrant workmen under each contractor.

8. Particulars of crossed demand draft ( l...Name of the Bank, Amount, Number and

Date).

I herreby declare that the particulars given above are true to the best of my

knowledge and belief.

Principal employer

Seal and Stamp

Office of the Registering Officer.

Date of receipt of application

FORM II


Certificate of Registration

Date...........................

GOVERNMENT OF SIKKIM Office of the Registering Officer.

A certificate of registration containing the following particulars is hereby granted

under clause (a) of sub-section (2) of section 4 of the Inter-State Migrant Workmen

(Regulation of Employment and Conditions of Service) Act, 1979 and the rule made

thereunder to......


2. Names and addresses of contractors.

3. Nature of work for which migrant workmen are to be employed or are employed.

4. Maximum number of migrant workmen to be employed on any day through

each contractors.

5. Other particulars relevant to the employment of migrant workmen.

Signature of Registering

Officer with seal.

FORM III

( See sub-rule (b) of rule 4)

Register of Establishments

________________________________________________________________________________________

Sl Registeration Name and address Name of the Type of business, Maximum No

No. No.and date of the establish- Principal trade, industry of migrant

ment registered Employer and manufacture or workmen

his address occupation, which directly em-

is carried on in the ployed on any

establishment day

________________________________________________________________________________________

1 2 3 4 5 6

________________________________________________________________________________________

________________________________________________________________________________________

Particulars of Contractor and inter-State

Migrant Workmen

_________________________________________________________________________ Name and address Nature of work Maximum No. Probable duration Remarks

of contractor for which migrant of migrant of employment of

workmen are to workmen migrant workmen

be recruited or employed on

are employed any day through

a Contractor

________________________________________________________________________________________

7 8 9 10 11

________________________________________________________________________________________

________________________________________________________________________________________

FORM IV

( See sub rule (a) of rule 7)

Application for Licence for Recruitment.

1. Name and addresses of the contractor (including his Father's/Husband's name in

case of individuals).

2. Date of birth and age (in case of individuals).

3. Particulars of establishment where migrant workmen are to be employed.

(a) Name and address of the establishment;

(b) Type of business, trade, industry, manufacture or occupation, which is carried on

in the establishment;

(c) Number and date of certificate of registration of the establishment under the

Act;

(d) Name and address of the principal employer.

4. Particulars of migrant workmen.

(a) Nature of work in which migrant workmen are employed or are to be employed

in the establishment.

(b) Duration of the proposed contract work (give particulars of proposed date of

commencing and ending).

(c) Name and address of the agent or manager of the contractor at the work site;

(d) Maximum number of migrant workmen proposed to be employed in the establish-

ment on any date;

(e) Names and addresses of the directors/partners (in case of companies and firms).

(f) Name(s) and address(s) of the person(s) in-charge of and responsible to the company/

firm for the conduct of the business of the company/firm, as the case may be.

5. Whether the contractor was convicted of any offence within the preceding five years

If so, give details.

6. Whether there was any order against the contractor revoking or suspending licence

or forfeiting security deposits in respect of an earlier contract. If so, the date of such

order.

7. Whether the contractor has worked in any other establishment within the past five

years. If so, give details of the principal employer, establishment, and nature of work.

8. Whether a certificate by the principal employer in Form V is enclosed.

9. Amount of licence fee paid-No. of crossed demand draft and date.

10. Amount of security deposit, if any.

Declaration-I hereby declare that the details given above are correct to the best of my


Place.............................

Date.............................

Signature of the Applicant

(Contractor)

Note: The application should be accompanied by a crossed demand draft showing the

payment of the prescribed licence fee and security deposit, if any and a certificate

in Form V from the Principal Employer.

(To be filled in the office of the Licencing Officer) Date of receipt of the

application with crossed demand draft for fees.

Signature of the Licencing

Officer.

FORM V

(See sub-rule (b) of rule 7)

Application for Licence for Employment

1. Name and address of the contractor (including his Father's / Husband's name

in case of individuals).



(a) Name and address of the establishment ;

(b) Type of business, trade, industry, manufacture or occupation, which is carried

on in the establishment ;

(c) Number and date of certificate of registration of the establishment under the Act;

(b) Name and address of the principal employer.


(a)Nature of work in which migrant workmen are employed or are to emplo-

yed in the establishment.



(c) Name and addresses of the agent or manager of the contractor at the work site;

(d)Maximum number of migrant workmen proposed to be employed in the establish-

ment on any date;

(e)Names and address of the Directors / Partners (in case of companies and firms).

(f)Name (s) and address (s) of the person (s) in-charge of and responsible to the

company/firm for the conduct of the business of the company/firm, as the case

may be.

5. Whether the contractor was convicted of any offence within the preceding five years


6. Whether there was any order against the contractor revoking or suspending licence or

forefeiting security deposits in respect of an earlier contract. If so, the date of

such order.


years. If so, give details of the principal employer, establishment and Nature of Work




Declaration-I hereby declare that the details given above are correct to the best of

my knowledge and belief.

Place..............................

Date.............................. Signature of Applicant

(Contractor)


payment of the prescribed fee and security deposit, if any and a certificate in

Form VI from the principal employer.

(To be filled in the office of the Licensing Officer)

Date of receipt of application with crossed demand draft for fees.

Signature of the Licensing

Officer.

FORM VI

(See sub-rule (c) of rule 7)

Form of certificate by Principal Employer.

Certified that I have engaged the applicant (name of the contractors) as a contractor

in my establishment. I undertake to be bound by all the provisions of the Inter-State

Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and

the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service)

rules 1980 in so far as the provisions are applicable to me in respect of the employment of

migrant workmen by the applicant in my establishment.

Place........ ......................

Date....................................

Signature of Principal employer

Name and Address of Establishment

FORM VII


Application for adjustment of Security Deposit

__________________________________________________________________________ Name and address No. and date of application for Date of expiry of previous

of the Contractor fresh licence licence

________________________________________________________________________________________________________

1 2 3

________________________________________________________________________________________________________

________________________________________________________________________________________________________

Whether the previous No. and date of the crossed demand Amount of previous

licence of the contractor draft of security deposit in respect security deposit

was suspended or of the previous licence revoked.

________________________________________________________________________________________________________

4 5 6

________________________________________________________________________________________________________

________________________________________________________________________________________________________

Amount of security No. and date of crossed demand No. and date of certi-

deposit for the fresh draft of the balance security depo- ficate of registration of

licence. sit deposited with the fresh establishment in relation

application. to which the fresh li-

cence is applied for.

________________________________________________________________________________________________________

7 8 9

________________________________________________________________________________________________________

________________________________________________________________________________________________________

Name and Address of Particulars of fresh Remarks

the principal employer application.

________________________________________________________________________________________________________

10 11 12.

________________________________________________________________________________________________________

________________________________________________________________________________________________________

Signature of applicant.

FORM VIII

(See sub-rule (1) of rule 11)


Officer of Licensing Officer

Licence No. Dated Fee paid Rs.........................

LICENCE

Licence is hereby granted to...............................................................

under section 8(a) of the Inter-State Migrant workman. (Regulation of Employment and

Conditions of Service) Act, 1979, subject to the conditions specified in the Annexure.

2. This licence is for doing the work of (nature of work to be indicated) in the

establishment of (name of principal employer to be indicated) at (place of work to be

indicated).

3. The licence shall remain in force till (date to be indicated)"

Signature and Seal of Licensing

RENEWAL

(See rule 14)

Date of renewal Fee paid for renewal Date of expiry

1.

2.

3.

Date........................ Signature and Seal of the Licensing Officer

ANNEXURE

The licence is subject to the following conditions :-

1. The licence shall be non-transferable.

2. The number of workmen employed as migrant workmen in the establishment shall

not, on any day, exceed the maximum number specified in the application licence.

3. Save as provided in these rules the fees paid for the grant, or as the case may be, for

renewal of licence shall be non-refundable.

4. The rates of wages payable to the migrant workmen by the contractor shall not be less

than the rates prescribed under the Minimum Wages Act, 1948 or the rates

fixed by the State Government for such employment where applicable and where the

rates have been fixed by agreement, settlement or award, not less than the rates so

fixed.

5. (a) in cases where the migrant workmen employed by the contractor perform the

same or similar kind of work as the workmen directly employed by the Principal

Employer of the establishment, the wage rates, holidays, hours of work and other

conditions of service of the migrant workmen of the contractor shall be the same as

applicable to the workmen directly employed by the Principal Employer of the

establishment on the same or similar kind of work :

Provided that in the case of any disagreement with regard to the type of work, the same

shall be decided by the Secretary whose decision shall be final :

(b) in other cases the wage rates, holidays, hours of work and conditions of service

of the migrant workmen of the contractor shall be such as prescribed in these rules.

6. Every migrant workman shall be entitled to allowance, benefits, facilities, etc., as

prescribed in the Act and these Rules.

7. No female migrant workman shall be employed by any contractor before 6 A.M. or

after 7 P.M. :

Provided that this clause shall not apply to the employment of female migrant workman in

Pit head Baths, Creches and Canteens and as Midwives and Nurses in hospitals and

dispensaries.

8. The contractor shall notify any change in the number of migrant workmen or the

conditions of work to the licensing officer.

9. The contractor shall comply with all the provisions of the Act and these Rules.

10. A copy of the licence shall be displayed prominently at the premises where the

migrant workmen are employed.

FORM IX

( See sub-rule (b) of rule 14)

Application for Renewal of Licence

1. Name and address of the contractor.

2. Number and date of the licence.

3. Date of expiry of the previous licence.

4. Whether the licence of the contractor was suspended or revoked.

5. Number and date of the crossed demand draft enclosed.


Place........................................

Date..............................

(To be filled in the Office of the Licensing Officer)

Date of receipt of the application with crossed demand draft No. and date.

Signature of the Licensing Officer.

FORM X

(See rule 21)

(Form in which to furnish particulars in respect of recruitment and employment of

migrant workman/workmen as prescribed under sub-rule (a) of Rule 21, to the autho-

rities specified under the explanation below sub-section (2) of section 12 of Inter-State

Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979).

1. . Name and address of the Contractor...............................................................

2. Name and address of the sub-contractor through whom recruitment has been

made..............................................................................................................

3. Name and address of the establishment............................................................

4. Name and address of the Principal Employer...................................................

5. Name of the State in which the place of work is located..............................

....................................................................................................................................

6. Name of the State in which recruitment was made............................................

____________________________________________________________________________

Sl. Name of Father's/ Sex Age Permanent Name and Place and Amount

No. migrant Husband's home add- address of address of of dis-

workman name ress the next of residence place-

kin of the in the ment

migrant home State allo-

workman wance

paid

____________________________________________________________________________

1 2 3 4 5 6 7 8 9

____________________________________________________________________________

____________________________________________________________________________

Amount Amount Nature of Date Date Details of Period of Details of Remarks

of out- of wages job requi- of of rate of contract other ser-

ward for out- red to be rec- em- wages and of em- vice condi-

journey ward jou- perfor- ruit- ploy- other allo- ployment tions

allowances rney period med ment ment wances

paid paid payable

____________________________________________________________________________

10 11 12 13 14 15 16 17 18

____________________________________________________________________________

____________________________________________________________________________

Signature of Contractor or his

authorised representative

Date....................................

Submitted to

(1)..........................................................

..........................................................

(Specified authority in the State in which migrant workman/workmen is/are employed)

(2)....................................................................

.........................................................................

(Specified authority in the State from which the migrant workman/workmen has/have

been recruited)

(Copy forwarded to

......................................................

(The Principal Employer)

Signature of the Contractor or his


Date.....................................

Note :

In case where migrant workmen concerned have been recruited from more

than one State, separate returns shall be submitted in respect of each such

State.

FORM XI

(See rule 24)

(Return to be sent by the Contractor to the authorities specified under explana-

tion below sub-section (2) of section 12 Inter-State Migrant Workmen (Regulation of

Employment and Conditions of Service) Act, 1979.

1. Name and address of the contractor...............................................................


made............................................................................................................

3. Name and address of the establishment............................................................

4. Name and address of the Principal Employer...................................................

5. Name of the State in which the place of work is located................................

6. Name of the State in which recruitment was made..........................................

_____________________________________________________________________________

Sl Name of Migrant Father's/ Sex Designation Age Permanent

No workman Husband's homeadd-

name ress indi-

cating the

State.

_____________________________________________________________________________

1. 2. 3. 4. 5. 6. 7.

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Place and Date of Date on which Total days worked Details of Amount cf

address of Employ- ceased to be rates of displace-

residence merit. employed wages and ment allo-

in home other allowance paid.

State wances paid.

_____________________________________________________________________________

8. 9. 10. 11. 12. 13.

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Amount of outward Amount of Total wages Details of Amount of

journey allowances return jour- paid compensation deductions.

and wages for out- ney allowance and other if any.

ward journey paid and wages for allowances.

return journey

paid.

_____________________________________________________________________________

14. 15. 16. 17. 18.

_____________________________________________________________________________

_____________________________________________________________________________

______________________________________________________________________

Amount of advance, Amount of advance, Remarks.

if any paid. if any recovered.

______________________________________________________________________

19. 20. 21.

______________________________________________________________________

______________________________________________________________________

DECLARATION

I/we hereby declare that all wages, other dues including displacement allowance,

out-ward return journey allowances and wages for journey periods payable to migrant

workman / workmen named above and employed by me / us have been paid by me/us/

to him/them.


authorised representative.

Place.................................

Date................................

Submitted to

(1)..................................................................

...................................................................

( Specified authority in the State in which

migrant workman/workmen is/are employed)

(2)................................................................

..................................................................

( Specified authority in the State from which

the migrant workman/workmen has/have been recruited)

Copy forwarded to

………………………..

( The Principal Employer )



Date....................................................

Note : In case where migrant workmen concerned have been recruited from more

than one States, separate returns shall be submitted in respect of each such State.

FORM XII

( See rule 42 )

Register of Contractors

(1) Name and address of the Principal Employer.......................................

.............................................................................................................

(2) Name and address of the establishment..............................................

...................................................................................................

__________________________________________________________________________

Name and address Nature of Location of Period of Maximum No. of

of Contractor work on contract contract migrant workmen

contract work from to employed by

contractor

___________________________________________________________________________

____________________________________________________________________________

FORM XIII

( See Rule 43 )

Register of workmen employed by contractor

Name and address of Name and address of establishment in/under

Contractor............... which migrant workmen are employed..........

Name and address of the Name and address of Principal Employer.......

establishment.................... ..................................................

_______________________________________________________________________________

Sl. Name and Age Father's/ Nature Permanent Local Date of

No. surname of and Husband's of employ- Home address comme-

migrant sex name ment Address of ncement

workman. designa- migrant work-

tion. men(Village employ-

and Tehsil/ ment

Taluk and

District

_______________________________________________________________________________

1. 2. 3. 4. 5. 6. 7. 8.

_______________________________________________________________________________

_______________________________________________________________________________

Signature or thumb- Date of termination of Reasons for Remarks

impression of migrant employment termination

workman.

_______________________________________________________________________________

9. 10. 11. 12.

_______________________________________________________________________________

_______________________________________________________________________________



FORM XIII

( See Rule 43 )



Contractor............... which migrant workmen are employed..........

Name and address of the Name and address of Principal Employer.......

establishment.................... ..................................................

______________________________________________________________________________

Sl. Name and Age Father's/ Nature Permanent Local Date of

No. surname of and Husband's of employ- Home address comme-


workman. designa- migrant work-


and Tehsil/ ment

Taluk and

District)

________________________________________________________________________________

1. 2 3 4 5 6 7 8

________________________________________________________________________________

________________________________________________________________________________

Signature or thumb- Date of termination of Reasons for Remarks

impression of migrant employment termination

workman.

________________________________________________________________________________

9. 10. 11. 12.

________________________________________________________________________________

________________________________________________________________________________



FORM XIV

(See Rule 44)

Service Certificate

Name and address of . Name and address of establishment

Contractor................ in/under which migrant workmen

are employed............................

Nature and location of work..................... Name and address of Principa

Employer.................................

Name and address of the migrant

workman..................................................

Age or Date of Birth.................................

Identification Marks...................................

Father's/Husband's name............................

___________________________________________________________________________________

Sl. Total period for which Nature of Rate of wages (with particu- Remarks

No employed. work done lars of unit in case of piece-

From To work)

___________________________________________________________________________________

1. 2. 3. 4. 5. 6.

___________________________________________________________________________________

______________________________________________________________________________________



FORM XV

( See sub-rule (1) of rule 45 )

Displacement and outward journey allowances sheet

Name and address of Name and address of the

the Contractor........................ establishment......................

Name and address of the Month and year..................

Principal Employer..................

___________________________________________________________________________________

Sl. Name of the Father's/ Permanent Place & Desig- Rate of

No. migrant work- Husband's home addr- address nation wages

man. name ess indie- of resi-

ating the dence in

State the home

State

____________________________________________________________________________________

1. 2. 3. 4. 5. 6. 7.

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Wages Place of Place of work Railway Station/bus Railway Station/bus

payable recruit- with address stand nearest to the stand nearest to

ment indicating place of residence the place of work

State

____________________________________________________________________________________

8. 9. 10. 11. 12.

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Date and time of Expected date Details of modes Amount of bus fare and/

commencement of and time of of journeys from or second class train

journey from the arrival at the the place of resi- fare and/or both journey

place of residence place of work dence in the home expenses separate as

State to the place per the modes of jour-

of work. ney indicated in Col.15.

____________________________________________________________________________________

13. 14. 15. 16.

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Total of amounts Amount of displacement Amount of outward

indicated in column allowance. journey allowance.

No. 16.

______________________________________________________________________________

17. 18. 19.

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Wages for Total Amount Date on Signature or Actual date and

outward paid which thumb impe- time of arrival

journey paid ssion of the at the place of

period. migrant work- work

man.

______________________________________________________________________________

20. 21. 22. 23. 24.

______________________________________________________________________________

Balance wages for Date of payment of Signature or thumb Remarks

out-ward journey if the balance wages immpression of the

any,payable. indicated in Col. migrant workman

No.25.

_______________________________________________________________________________

25. 26. 27. 28.

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Note: Indicate separately different mode of journeys. Entries are to be made against

each individual migrant workman.

Signature of the Contractor or

his authorised Representative.

Date…………………………

FORM XVI


Return journey Allowance Register

Name and Address of the Name and Address of the

Contractor....................... Establishment.............

Name & address of the Month and year.........

Principal Employer...........

_____________________________________________________________________________________

Sl. Name of the Father's/Husband's Permanent home add- Place & address of

No. migrant name. ress indicating the residence in the the

workman. State. State.

______________________________________________________________________________________

1. 2. 3. 4. 5.

______________________________________________________________________________________

______________________________________________________________________________________

Designation Rate of wages Place of work Railway/Station Railway Station/bus

bus stand stand nearest to the

nearest to the place of residence in

place of work. the home State.

______________________________________________________________________________________

6. 7. 8. 9. 10.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Date and time of Expected date and Expected modes Amounts of bus fare.or

commencement of time of arrival at of journeys from second class train fare

journey from the the residence in the place of work and/or other journey

place of work home State to place of re- expenses, separately as

sidence in the per expected modes of

home State. journeys indicated in

col. No. 13.

11. 12. 13. 14.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Total amounts Account of return Wages for return Total amount paid

indicated in journey allowance journey period

column No. 14.

_____________________________________________________________________________

15. 16 17 18.

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Date on which Signature/thumb impression of the Remarks

paid migrant workman.

_____________________________________________________________________________

19. 20. 21.

_____________________________________________________________________________

* Indicate separately different modes of journey.

Note: Entries are to be made against each individual

inter-State migrant workman.

Signature of the Controller or

his authorised representative.

Date…………………………..

FORM XVII

(See Clause (a) of sub-rule (2) of rule 46)

Muster Roll

Name and Address of Name and Address of Establishment

Contractor.................. in/under which migrant workmen

are employed ........................

Nature and Location of Name and Address of Principal

work.......................... Employer..............................

_____________________________________________________________________________________

Sl. Name of the Father's/Husband's Sex Dates Remarks

No. migrant workman name 1 2 3 4 5

_____________________________________________________________________________________

_____________________________________________________________________________________

FORM XVIII

( See clause (a) of sub-rule (2) of rule 46 )

Register of wages

Name and Address of Contractor........................ Name and Address of Establishment

Nature and Location of work............................. in/under which inter-State migrant

workmen are employed..................

Name and Address of Principal

Employer...................................

Wage period..............................

_______________________________________________________________________________

Sl. Name of inter-State Serial No. in Designation/ No. of days

No. migrant work-man the register nature of worked.

of workmen work

________________________________________________________________________________

1. 2. 3. 4. 5.

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Units of Daily-rate of ________Amount of wages earned____________

work done wages / piece Basic Wages Dearness Overtime

rate Allowance

________________________________________________________________________________

6. 7. 8. 9. 10.

________________________________________________________________________________

_______________________Deduction, if any Net amount paid Signature/Thumb

Other cash payment Total (in nature) to be indicated impression of

(Nature of payment inter-State mi-

grant workman.

_________________________________________________________________________________

11. 12. 13. 14. 15.

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Initials of Contractor or his

authorized representative.

_________________________________________________________________________________

16.

_________________________________________________________________________________

FORM XIX

( See clause (a) of sub-rule (2) of rule 46.)

Register of Deductions for Damage or Loss

_________________________________________________________________________________________________

Name and Address of Contractor........................... Name and Address of Establishment

Nature and Location of work............................... in/under which inter-State migrant

workmen are employment.............


Employer..................................

_________________________________________________________________________________________________

Sl. Name of inter-State Father's/Husband's Designation/Nature Particulars of

No. migrant workman name of employment damage or loss

_________________________________________________________________________________________________

1. 2. 3. 4. 5.

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

Date of damage Whether inter-State migrant Name of person in whose Amount of

or loss work-man showed causes presence employee's expla- deduction

against deduction nation was heard imposed

_________________________________________________________________________________________________

6. 7. 8. 9.

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

No. of Date of recovery Remarks

instalments First instalment Last instalment

_________________________________________________________________________________________________

10. 11. 12.

_________________________________________________________________________________________________

_________________________________________________________________________________________________

FORM XX


Register of Fines

Name and Address of Contractor ...................................................................

Nature and Location of work........................................................................

Name and Address of Establishment in/under which inter-State migrant workmen

are employed................................................................................................

Name and Address of Principal Employer........................................................

________________________________________________________________________________

Sl. Name of inter- Father's/Husband's Designation/ Act/Omission Date of

No. State migrant name Nature of for which fine offence

workmen employment imposed .

_________________________________________________________________________________

1. 2. 3. 4. 5. 6.

_________________________________________________________________________________

_________________________________________________________________________________

Whether inter-State Name of person Wage periods Amount Date on Remarks

migrant workman in whose pre- and wages of fine which

showed cause sence employee's payable imposed fine

aganist fine explanation was realised

heard

__________________________________________________________________________________

7. 8. 9. 10. 11. 12.

__________________________________________________________________________________

__________________________________________________________________________________

FORM XXI

(See rule 46 (2) (c)

Register of Advance

Name and Address of Contractor...,..............................................................

Nature and Location of work.......................................................................


are employed..............................................................................................

Name and Address of Principal Employer.......................................................

________________________________________________________________________________

Sl. Name of inter- Father's/ Nature of Wage period Date and amount

No. State migrant Husband's employment/ and wages of advance given

workman name Designation payable

_________________________________________________________________________________

1. 2. 3. 4. 5. 6.

_________________________________________________________________________________

_________________________________________________________________________________

Propose (s) for No. of instalments Date and amount Date on which Remarks

which advance by which advance of each instalment last instalment

made to be repaid repaid was repaid

_________________________________________________________________________________

7. 8. 9. 10. 11.

_________________________________________________________________________________

_________________________________________________________________________________

FORM XXII

(See rule 46 (2) (d)

Register of overtime

Name and Address of Contractor...................................................................

Nature and Location of work........................................................................

Name and Address of Establishment in/under which migrant workmen are

employed.....................................................................................................

Name and Address of Principal Employer........................................................

______________________________________________________________________________________________

Sl. Name of inter-State Father's/ Sex Designation/Nature Date on which

No. migrant workman Husband's of employment overtime

name worked

______________________________________________________________________________________________

1. 2. 3. 4. 5. 6.

______________________________________________________________________________________________

______________________________________________________________________________________________

Total overtime worked Normal Overtime Overtime Date on which Remarks

or production in case rates of rate of earning overtime wages

of piece-rated wages wages paid

______________________________________________________________________________________________

7. 8. 9. 10. 11. 12.

______________________________________________________________________________________________

______________________________________________________________________________________________

FORM XXIII

( See sub-rule (1) of 50 )

Return to be sent by the Contractor to the Licensing Officer Half-Year

Ending...........................................................................................................................

1. Name and address of the Contractor :

2. Name and address of the establishment :

3. Name and address of the Principal Employer :

4. Duration of contract : From...................................... to...................

5. No. of days during the half-year on which.

(a) the establishment of the principal employer had worked...................

(b) the contractor's establishment had worked.................................

6. Maximum number of interstate migrant workmen employed on any

half-year:

Men Women Children

7. (i) Daily hours of work and spread over :

(ii) (a) Whether weekly holiday observed and on what day :

(b) if so, whether it was paid for ;

(iii) No. of man-hours of overtime worked :

8. Number of mandays worked by :

Men Women Children Total

9. Amount of wages paid :


Note :— Wages shall not include wages for periods of outwards and return journey.

10. Amounts of deductions from wages, if any :


11. Amount of displacement allowance paid ;


12. Amount of outward journey allowance paid :


13.Amount of wages for outward journeys period paid :


14. Amount of return journeys allowance paid :


15. Amount of wages for return journeys period paid :


16. Whether the following have been provided : (i) Residential accommodation ; (ii) Protective clothing ;

(iii) Canteen ;

(iv) Rest-room ;

(v) Latrines and Urinals ;

(vi) Drinking water ;

(vii) Creche;

(viii) Medical facilities ;

(ix) First Aid ( If the answer is 'Yes' state briefly nature/standards provided).

Place.......................................... Signature of Contractor.

Date ........................................


Annual Return of Principal Employer to be

sent to the Returning Officer

Year ending 31st December

1. Full name and address of the Principal Employer :

2. Name of the establishment :

(a) District :

(b) Postal Address :

(c) Nature of operation/industry/work carried on :

3. Full name of the Manager or person responsible for supervision and control of

the establishment.

4. Number of contractors who worked in the establishment during the year (Give

details in Annexure).

5. Nature of work/operations in which Migrant workman was employeed.

6. Total number of days during the year on which migrant workmen was employed.

7. Total number of mandays worked for by migrant workmen during the year.

8. Maximum number of workmen employed directly on any day during the year.

9. Total number of days during the year on which direct labour was employed.

10. Total number of mandays worked by directly employed workmen.

11. Change, if any, in the management of the establishment, its location, or any other

particulars furnished to the Registering Officer in the application for Registration

indicating also the dates.

Place........................... Principal Employer

Date..............................

ANNEXURE TO FORM

______________________________________________________________________ Name and address of Period of contract Nature of Maximum number of workers

the contractor From To employed by each contractor

____________________________________________________________________________________

1. 2. 3. 4.

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

No. days worked No. of mandays worked

____________________________________________________________________________________

5. 6.

____________________________________________________________________________________

____________________________________________________________________________________

J. Dorji,

Secretary to the

Government of Sikkim,

Gangtok.

S I K K I M


EXTRAORDINARY


No. 20 Gangtok, Friday February 25, 1983

_________________________________________________________________________________________


HOME DEPARTMENT

No. 9(4) Home/82/3558 Dated Gangtok, the 13th January, 1983.

THE SIKKIM PUBLIC SERVICE COMMISSION (STAFF) REGULATIONS, 1983.

In exercise of the powers conferred by clause (b) of Article 318 of the Constitution,

the Governor of Sikkim hereby makes the following regulations, namely :—

1. Short Title and Commencement:—

(1)These regulations may be called the Sikkim Public Service Commission (Staff) Regu-

lations, 1983.

(2) They shall come into force at once.

2. Definitions:— In these regulations, unless the context otherwise requires;

(a) "Commission" means the Sikkim Public Service Commission;

(b) "Government" means the Government of Sikkim.

3. Staff of the Comniission :— The staff of the Commission shall consist of a Secretary and

such number of other officers and employees as the Government may, from time to time,

determine consultation with the Commission.

4. Appointment of Secretary :

(1) The Secretary shall be appointed by the Commission in cosultation with the Govern-

ment.

(2) The Secretary shall hold office for such period as may be fixed at the time of his ap-

ointment;

(3) The period of Secretary's tenure may be extended by such further period or periods as

the Commission may decide in consultation with the Government.

(4) Notwithstanding anything contained in sub-regulations (20 and (3) a person appointed

as Secretary, shall, unless he is granted extension of service by the Government, retire

on attaining the age of compulsory retirement prescribed for members of the service to

which he belongs or where he is not a member of any organised service on attaining

the age of 60 years;

Provided that where the Secretary is not a member of any organised service.

(a) the appointing authority may, without assigning any reasons and after giving him

three months, notice in writing, require him to retire after he attains the age of fifty

years;

2

(b) he may, after attaining the age fifty years, retire, after giving three months, notice in

writing to the appointing authority.

(5) The Secretary shall be placed in a scale of pay not lower than that of a Joint

Secretary to the Government of Sikkim;

Provided that an office appointed on deputation from the Central or any other State

Government shall in addition, draw deputation allowance as per existing instructions issued by

the Government; and an officer appointed on deputation from the Government of Sikkim shall,

in addition to his pay, draw Special allowance at the rate of 20% of his Grade Pay subject to a

limit of Rs. 200/- p.m.

5. Appointment of Officers and staff other than Secretary

All employees other than the Secretary carrying the pay scale of

Rs. 450-800 and upto Rs. 900-1800 shall be appointed by the Commission and those carrying the scale of Rs.410-

700 and below shall be appointed by the Secretary. All such appointments shall be made

on deputation from amongst officers holding corresponding or next lower posts under the

Government. The officials so appointed shall receive in addition to their pay in the parent

departments, special allowance at the rate of Rs. 20% of their Grade Pay subject to a limit

of Rs. 200/- p.m. and their terms of deputation in other respects will be governed by such

rules in this regard as are applicable to Sikkim Government officials.

6. Metters in respect of which no provision is made.

In respect of all matters for which no provision is made by these regulations, the conditions

of service of the Secretary and other staff of the Commission shall be the same as appli-

cable to officers holding corresponding posts under the Government.

7. Repeal and savings:— On the commencement of these regulations, the Sikkim Public

Service Commission Regulations, 1976, shall in so far as they relate to the members of the

Staff of the Commission, cease to apply to such members of the staff;

Provided that anything done or any action taken under the regulations so replaced shall

be deemed to have been done or taken under the corresponding provisions of these regulations.

M. P. PRADHAN

Chief Secretary


________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 21 Gangtok, Monday February 28, 1983.

_________________________________________________________________________________________


OFFICE OF THE DIRECTOR OF PANCHAYAT ELECTIONS AND SECRETARY RURAL DEVELOP-

MENT DEPARTMENT, GANGTOK.

NOTIFICATION

Dated, Gangtok the 28th February, 1983.

No.128/7/82 - WHEREAS the State Government of Sikkim by its notification No. 128/7/82(1),

dated the 10th January, 1983 held the elections to Gram Panchayats on 17h February, 1983.

AND WHEREAS, the undersigned is satisfied that the elections in the following wards could not

be held in accordance withthe Sikkim Panchayat Election Rules, 1982.

___________________________________________________________________________________________

S. No. and name of Gram Panchayat/Ward Seats vacant

___________________________________________________________________________________________

EAST DISTRICT

8. EAST PENDAM

i. East Pendam 2

9. TARKU TANAK

i. Tarku 3

ii. Tanak 2

___________________________________________________________________________________________

AND NOW, therefore, in pursuance of Rule 63 of the Sikkim Panchayat Election Rules, 1982,

fresh poll be taken in respect of the above wards on 30th March, 1983 (Wednesday) between

8.00 AM and 4.00 PM.

Sd/- P. K. PRADHAN,

DIRECTOR OF PANCHAYAT ELECTIONS AND SECRETARY,

RURAL DEVELOPMENT DEPARTMENT,

GANGTOK.

__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.22 Gangtok, Monday February 28, 1983.

__________________________________________________________________________________________


OFFICE OF THE DIRECTOR OF PANCHAYAT ELECTIONS AND SECRETARY RURAL DEVELOP-

MENT DEPARTMENT, GANGTOK.

NOTIFICATION

Dated, Gangtok, the 28th February, 1983.

No.128/7/82(1) - WHEREAS the State Government of Sikkim by its notification No. Elec.

128/7/82(1),dated 10th January, 1983, held the elections to the Gram Panchayats on 17th February, 1983;

AND WHEREAS some Gram Panchayats failed to elect the full number assigned to them;

AND NOW, therefore, in pursuance of sub-section (4) of Section 6 of the Sikkim Panchayat Act,

1982, the State Government is hereby pleased, as recommended by the Director of Panchayat Elections, to

call upon the following Gram Panchayats Wards in the State to elect the members for the seats shown against

them, in accordance with the provisions of the rules and orders made thereunder:-

____________________________________________________________________________________________

S. No.and name of Gram Panchayat/Ward Seats vacant

_____________________________________________________________________________________________

EAST DISTRICT

11. MACHONG 1

i. Rewa

17. PREMLAKHA SUBANEDALA

i. Singanebas 1

26. SUCHAKGANG

i. Burtuk 2

28. RANKA

i. Barbing 1

37. DUNG DUNG ARITAR

i.Thasa 1

43. PENLONG

i.Shotak 2

ii. Penlong 1

44. GNATHANG

i. Gnathang 4

2

____________________________________________________________________________________

1 2

____________________________________________________________________________________

WEST DISTRICT

25. CHINGTHANG

i. Meyong 2

NORTH DISTRICT

3. RINGIM NAMPATAM

i. Pakshep 1

9. HEE GYATHANG

i. Hee-Gyathang 1

14. PHENSANG i Paney 1

SOUTH DISTRICT

12. BERMIOCK

i. Thangsing 1

18. RAMENG NIZRAMENG

i. Rameng 2

ii. Nizarmeng 2

14. PERBING i. Perbing 1

ii. Bikmat 2

27. RONG BULL

i. Palum 1

34. DAMTHANG

i. Damthang 1

ii. Chemchey 1

42. RALONG NAMLUNG

i. Namlung 1

44. SADA PHAMTAM

i. Phamtam 2

Sd/- P. K. PR

DIRECTOR OF PANCHAYAT ELECTION

AND SECRETARY, RURAL DEVELOPMENT

DEPARTMENT.

_____________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ________________________________________________________________________________

No.23 Gangtok, Monday February 28,1983.

_______________________________________________________________________________________________

GOVERNMENT OF SIKKIM .

OFFICE OF THE DIRECTOR OF PANCHAYAT ELECTIONS AND SECRETARY RURAL DEVELOPMENT

DEPARTMENT, GANGTOK, SIKKIM

NOTIFICATION

Dated, Gangtok, the 28th February,1983.

No.n8/7/82(2) - WHEREAS the State Government of Sikkim has. by its notification No.128/

7/82(1),dated 28th February, 1983 published in the official gazette of the State Government, called upon the

wards mentioned therein to elect members for the remaining seats for the purpose of constituting the Gram

Panchayats in the State.

AND NOW, therefore, in pursuance of provision of rule 14 of the Sikkim Panchayat Election

Rules, 1982, the undersigned hereby appoints with respect to the said election—

(a) 7th March, 1983 (Monday) — as the last date for making nominations;

(b) 8th March, 1983 (Tuesday) — as the date for scrutiny of nominations;

(c) 10th March, 1983 (Thursday) — as the last date for withdrawal of candidatures

(d) 30th March, 1983 (Wednesday) — as the date on which a poll shall, if necessary

be taken; and

(e) 4th April, 1983 (Monday) — as the date before which the election shall be

completed.

Sd/- P. K. PRADHAN,

DIRECTOR OF PANCHAYAT ELECTIONS

AND SECRETARY RURAL DEVELOPMENT

DEPARTMENT, GANGTOK.

__________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



___________________________________________________________________________________________


OFFICE OF THE DIRECTOR OF PANCHAYAT ELECTIONS AND

SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GANGTOK.

NOTIFICATION

Dated, Gangtok, the 28th February, 1983.

No. 128/7/82(3) —IN PURSUANCE of rule 16 of the Sikkim Panchayat Election Rules,1982,

the undersigned, hereby fixes the hours from 8.00 AM to 4.00 PM as the hours during which the poll,

if necessary, shall be taken at the election of the Panchayat Wards to be held in pursuance of State Government

notification No. 128/7/82(1), dated 28th February, 1983 published in the official gazette of the State.

Sd/ P. K. PRADHAN

DIRECTOR OF PANCHAYAT ELECTIONS AND

SECRETARY RURAL DEVELOPMENT DEPARTMENT.

____________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVENRMENT PRESS.

S I K K I M


EXTRAORDINARY



__________________________________________________________________________________________


ESTABLISHMENT DEPARTMENT

NOTIFICATION

No. 5(256)5655/Gen/Est. Dated Gangtok, the 21st February, 1983.

In exercise of the powers conferred by the proviso to clause (3) of article 320 of the

Constitution of India and in supersession of all previous orders, circulars and instructions issued

from time to time on the subject, the Governor of Sikkim is pleased to make the following

regulations as respect the services and posts in connection with affairs of the State of Sikkim

specifying the matters in which it shall not be necessary for the Sikkim Public Service Commis-

sion to be consulted namely:—

1. (1) These regulations may be called the Sikkim Public Service Commission (Exemption

from Consultation) Regulations, 1983.

(2) They shall come into force at once,—

2. In these regulations, unless the context otherwise requires,-

(a) "Commission" means the Sikkim Public Service Commission;

(b) "Constitution" means the Constitution of India;

(c) "Government" means the Government of Sikkim;

(d) "Service" or "post" means Civil Service or post in connection with the affairs of the

State of Sikkim.

3. It shall not be necessary to consult the Commission in regard to any of the matters men-

tioned in sub-clauses (a) and (b) of Clause (3) of article 320 of the Constitution and other posts

in respect of which the Government may, in consulation with the Commission, direct that ap-

pointments may be made without reference to the Commission.

4. It shall not be necessary to consult the commission on any of the following matters

namely:-

(a) The creation and organisation of services and posts and their designation;

(b) the classification of services and posts;

(c) the determination of the number of vacancies to be filled in a service in any parti-cular year;

(d) the determination of the strength of the cadres of different services;

(e) the determination of the pay of Government servants on their first appointment

and of officiating incumbents of posts;

(f) the determination of the initial pay of officers recruited by direct recruitment or

promotion ; and

(g) transfers of Government servants to foreign service.

2.

5. It shall not be necessary to consult the commission in regard to the appointment and promotion:-

(a) up-to and including posts in the lowest gazetted grade;

(b) to a post in work-charged Establishment;

(c) to a post which is not a whole-time post;

(d) of any officer to a post in All India Service Cadre;

(e) of any officer to a post encadred in a service.

6. It shall not be necessary to consult the Commission-

(a) on matters of inter-departmental and intra-departmental transfer; or

(b) on the principles to be followed in transfers; or

(c) on the suitability of candidates for transfer,

from one post to another in the same service.

7. It shall not be necessary to consult the Commission in regard to the selection and appoint-

ment of a person on deputation from the Central Government or from any other State as will as

on contract.

8. DISCIPLINARY CASES:

(1) It shall not be necessary to consult the Commission to the making of any order in

any disciplinary case other then-

(a) an original order passed by the Government imposing any of the following

penalties:—

(i) censure;

(ii) withholding of promotion;

(iii) recovery from pay of the whole or part of any pecuniary lose caused to the

Government by negligence or breach of orders;

(iv) withholding of increments of pay;

(v) reduction to a lower stage in the time scale of pay for a specified period with fur-

ther directions as to whether or not the Government servant will earn increments

of pay during the period of such reduction or whether on the expiry of such

period, the reduction will or will not have the effect of postponing the future

increments of his pay;

(vi) reduction to a lower time scale of pay, grade, post or service with or without

further directions regarding conditions of restoration to the grade or post or ser-

vice from which the Government servant was reduced and his seniority and pay

on such a restoration to that grade, post or service;

(vii) compulsory retirement;

(viii) removal from service; and

(ix) dismissal from service;

Provided that it shall not be necessary to consult the Commission in case where

orders are passed under clause (c) of second proviso to clause (2) of article 311 of the Consti-

tution.

(b) an order by the Government on an appeal against an order imposing any of the

penalties specified in sub-clause (a) made by a sub-ordinate authority;

(c) an order by the Government over-ruling or modifying, after consideration of any

petition or memorial or otherwise, an order imposing any of the said penalties

made by the Government or by a subordinate authority;

(d) an order by the Government imposing any of the said penalties in exercise of the

powers of review and modification of an order under which none of the said

penalties has been imposed.

(2) Nothing mentioned in clause (1) shall be deemed to make it necessary for the Government

to consult the Commission in any case:-

(a) relating to the termination of probation of any officer before the expiry of the

prescribed or extended period of probation or to the discharge of an officer after the

expiry of such period on the ground that he is unsiutable for being retained in the

service;

3

(b) relating to the discharge or reversion of an officer otherwise than as penality;

(c) relating to the termination of the employment of an officer in accordance with the

terms of his contract of employment, save when employment is terminated for mis-

conduct;

(d) relating to the imposition of any penalty laid down in any rule or order for failure to

pass any test or examination within a specified time;

(e) in which the Commission has, at any previous stage, given advice in regard to the

order to be passed and no fresh question has thereafter arisen for determination.

(3) It shall not be necessary for the Commission to be consulted on any memorial or petition

where the Government proposes to pass orders rejecting such memorial or

(4) It shall not be necessary for the Government to consult the Commission in any case where

the Government proposes to make an order of dismissal, removal or reduction in rank

after being satisfied that such action is necessary in the interest of the State.

M. P. PRADHAN

Chief Secretary


_________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ______________________________________________________________________________________

No. 26 Gangtok, Monday February 28, 1983.

______________________________________________________________________________________


LOCAL SELF GOVERNMENT & HOUSING DEPARTMENT

GANGTOK

Notification No. 6/LSGHD. Dated Gangtok, the 1st February, 1983

In partial modification of the Notification No. 3/LSGHD dated 13.5.82, the Govern-

ment has been pleased to declare the road bifercated below the T. N. Academy and coming

upto the Secretariat Building (Tashiling), Gangtok as "BHANU PATH".

The Government has been further pleased to declare the road leading from the cros-

sing of the Government Institute of Cottage Industries, Gangtok coming upto the Nehru Park

near White Hall as "JAWAHARLAL NEHRU".

This order comes to retrospective effect from 14th November 1982.

By Order.

T. P. SHARMA,

Secretary,

Local Self Government & Housing Department


_________________________________________________________________________________________


_________________________________________________________________________

No. 27 Gangtok, Tuesday March 1, 1983.

________________________________________________________________________________________


LAND REVENUE DEPARTMENT

Notification No. 108 (799) L. R. (S) Dated Gangtok, the 2nd February, 1983.

The Governor of Sikkim is pleased to create a separate Revenue Block naming

“Gangchung” Block at Barnyak Elakha, South District, Sikkim duly transferring the said area

from the Forest Department to the Land Revenue Department for the purpose of administra-

tive control control and jresttlement of families displaced by acquisition of land for expansion of Temi

Tea Estate. The boundaries of the newly created Revenue Block will be as under:-

North – Pabong Block & Reserved Forest

South – Reseved Forest

East -- Barnyak & Thangsing Blocks

West -- Reserved Forest.

By Order.

K. SHERAB,

Secretary,

Land Revenue Department,


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



__________________________________________________________________________________________


HOME DEPARTMENT

NOTIFICATION

No. 3(1) Home/83. Dated Gangtok, the 10th February, 1983.

In exercise of the powers conferred by Section 12 of the Code of Criminal Procedure,

1898 the State Government hereby appoints the following officers to be Magistrates of the Se-

cond Class for the period from 14th February, 1983 to 21st February, 1983 to be exercised in the

district indicated against their names :—

Sl.No Name Designation District

1. Shri R.P. Chingapa Assistant Director Tourism East

2. Shri Thkaur Basnet Under Secretary, Law Department East

3. Shri B.P. Pradhan Deputy Secretary, Law Department East

4. Shri K.K. Pradhan Revenue Officer, South District South

Thses officers shall report at once to the respective District Magistrate.

By Order.

J.T. DENSAPA,

Home Secretary,


___________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



__________________________________________________________________________________________


HOME DEPARTMENT

NOTIFICATION

No. 3(1) Home/83/3655. Dated Gangtok, the 14th February, 1983.

In supersession of Notification No. 3 (1) Home/83 dated 10th February, 1983, the

Government of Sikkim, in exercise of the powers conferred by Section 12 of the Code of Crimi-

nal Procedure, 1898 in pleased hereby to appoint the following Officers to be the Executive

Magistrate of the First Class for the period from 14th February, 1983 to 21st February, 1983

to be exercised in the District indicated against their names:—

Sl.No. Name Designation District

1. Shir T.P. Dorji. Deputy Secretary, Home Department East

2. Shri B.K. Kharel . Settlement Officer, Forest Department. East

3. Shri R.P. Chingapa. Assistant Director, Tourism Department. East

4. All D. D. Ms, D.D. Os and Revenue Officers in their respective district where they are

posted.

These officers shall report at once to the respective District Magistrate.

By Order.

J. T. DENSAPA,

Home Secretary,


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 30 Gangtok, Wednesday March 2,1983.

_________________________________________________________________________________________



Notification No.110 (792)/L.R. (S) Dated Gangtok, the 22nd February, 1983.

Notice under section 4 of L.A. Act, 1894 (I of 1894)

Whereas the function of the Central Government under the Land Acquisition

Act. 1894 (I of 1894), in relation the acquisition of land for the purpose of the Union

have been entrusted to the State Government by Notification No. F. 12018/12/76-IRD

dated the 10th January, 1978 issued by the Government of India in the Ministry of Agriculture

& Irrigation under clause (I) of Articles 258 of the Constitution of India.

And whereas it appears to the Governor that land is likely to be needed for a public

purpose being a purpose of the Union, namely for ESTABLISHMENT OF ARMYin the Block

of West Pendam (Bordang) District East it is hereby notified that a piece of land comprising

cadastral plots 137, 136, 135, 134, 43, 43A, 73, 72, 47, 66, 48, 49, 65, 55, 68, 71, 56, 57, and

measuring more or less 24.15 acres, bounded on the:—

NORTH: D.F. of Dil Bahadur Maghi, M.B. Damai, Badur Maghi andNarpati Bahun.

EAST: D.F. of Sukmaya, Manbir, Kalu, Sher Bdr. Man Bdr. Nandalal Newar and Khasland.

WEST: Khasmal and Teesta.

SOUTH:Nandalall and Khasmal.

is likely to be needed for the aforesaid public purpose at the public expense within the afore-

said block of BURDANG.

This notification is made, under the provision of section 4 of the Land Acquisition

Act, 1894 read with the said notification, to all whom it may concern.

A plan of the land may be inspected in the office of the Collector-cum-Sp. L.A.O.

Land Revenue Department of Sikkim, Gangtok.

In excersise of the powers conferred by the said section, read with the said Notification,

the Governor is pleased to authorise the officers for the time being engaged in the under-

taking,with their servants and workman, to enter upon and survey the land and all other

acts required or permitted by that section.

Any person interested in the above land, who has any objection to the accqui-

sition thereof, may within thirty days after the date on which public notice of the

substances of this Notification is given in the locality, file an objection in writing before

the Collector-cum-Sp.L.A.O, Land Revenue Department, Government of Sikkim ,Gangtok.

K.SHERAB,

Secretary

Land Revenue Departmen,


_______________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 32 Gangtok, Thursday March 3, 1983.

_________________________________________________________________________________________

THE CENTRAL SALES TAX (SIKKIM)

RULES, 1983.

THE CENTRAL SALES TAX (SIKKIM) RULES, 1983.

No. 1765/ST dated 25th February 1983- In exercise of the powers conferred by sub-sections (3)

(4) and (5) of section 13 of the central Sales Tax Act, 1956 (74 of 1956), the State Government hereby

makes the following rules, namely:-

1. Short title and commencement:- (I) These rules may be called the Central Sales Tax (Sikkim)

Rules, 1983.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. Definations:- In thrse rules unless there is anything repugnant in the subject or context;

(a) “Act” means the Central Sales Tax Act, 1956;

(b) “agent” means a person authorized by a dealer in writing to appear on his behalf before

an assessing authority or any other appointed by the State Government, being.

(i) a relative of dealer, or

(ii) a person regularly employed by the dealer,

or

(iii) a barrister-at-law or a lawyer or a chartered accountant or any other person en-

titled to plead in any court of law in India;

© “Form” means the Form appended to the Central Sales Tax (Registration and Turnover)

Rules, 1957;

(d) words and expressions used herein and not defined in the Act or the Central

Sales Tax (Registration and Turnover) Rules, 1957 shall have the meanings respectively

assigned to them in that Act or those Rules.

3. The Commissioner of Sales Tax shall publish or cause to be published in the Official Gazette the

name and address of every dealer whp is registered or whose certificate of registration is amended or can-

celled as soon as may be, after the registration, amendment or cancellation, as the case may be, together

with the date thereof and a description of the goods covered by the certificate of registration.

4. Accounts:- (1) Every dealer registered und4er this Act shall keep and maintain a true and correct

account of his sales and purchases in the course of inter-State trade or commerce showing the following

particulars in respect of each transaction, namely:-

(a) the name and address of the consignor and the consignee, in the former case, if he is a

person other than the seller, and in the latter, if he is a person other kjthan the purchaser;

(b) the name and address of the purchaser or the seller as the case may be;

© the description, quatity or weight of the goods;

(d) the value of each transaction.

(e) the names of the dispatching and receiving carrierssuch as the railways or public trans-

port or Sikkim Nationalised Transport;

(f) the number of railway receipt or receipt of the Sikkim Nationalised Transport or public

transport with date;

(g) any other information which has a bearing on the liability of the transaction to tax under

the Act.

(2) If the assessing authority considers that the accounts maintained are not sufficiently

clear and intelligible ton enable him to make a proper check of the return field by

the dealer, he may require such dealer, by a notice in writing, to keep such accounts or

registers in such manner as he may consider necessary.

(3) The dealers, who are principals in this State shall maintain and produce the following

accounts and documents in support of their claim for exemption in respect of sales through

agents in other States, namely:-

(a) name and full address of the agent , to whom goods are consigned;

(b) copy of the authorization sent to the non- redident agent for the sale of goods to be

furnished simultaneously to the assessing authority concerned;

© description of goods dispatched for sale on each occasion and their quantity and value

2

(d) written contract, if any, entered into between the principal and the agent;

(e) copies of bills issued by the agents to purchasers in other States;

(f) accounts rendered by the agents to the principals from time to time, showing the gross

amount of the bills and deduction on account of commission and incidental charges;

(g) ledger extracts of the agent, maintained for each of the principals seperately, duly signed by such agent;

(h) copy of railway receipt or carriers' receipt, under which the goods were despatched to

other States; and

(i) date and mode of remittance of the amount to the principal.

(4) The goods of each principal of a State shall always be kept as identifiable entity, until

it is actually sold by the out of State agent.

5.. Security:- (1) The security referred to in sub-section (2A) or sub-section (3E) of

section (3C) of section 7 of the Act shall be furnished in cash or in such post office certificates as may be

in force at the time of furnishing such security or in a surety bond, if the authority demanding the security

so permits.

(2) A dealer shall, on demand, make up the deficiency referred to in sub-section (3E) of

section 7, within 30 days from the date of service of demand notice:-

(a) in a case covered by clause (a) of sub-section (3D) of section 7, on payment in cash

of the amount by which the security furnished is rendered insufficient;

(b) in a case covered by clause (b) of sub-section (3D) of section 7, upon furnihing fresh

security under sub-section (3A) of section 7.

6. Declaration in Form C.:- (1) A declaration referred to in clause (a) of sub-section (4) of

section 8 of the Act shall not be given or accepted by a dealer except in Form C obtained on application

from the appropriate Sales Tax Officer.

(2) For obtaining declaration in form C referred to in sub-rule (1), a registered dealer

or the owner or representative of an undertaking, as the case may be shall apply in writing

to the appropriate Sales Tax Officer stating his requirement for such forms and shall

furnish such other particulars, statements and information and produce such documents

as the Sales Tax Officer may require for the purpose of satisfying himself about the bo-

na fide use of such forms issued to the applicant on previous occasions and the bonafide

nature of the applicant's requirement of such forms on the present occasion.

(2) (a) If for reasons to be recorded in writing—

(a) the Sales Tax Officer is not satisfied that the applicant applying for declaration

forms made bona fide use of such forms previously issued to him or that he bona-

fide requires such forms, the Sales Tax Officer may reject the application;

(b) the Sales Tax Officer is not satisfied that the applicant for bona fide use requires

such forms in such number as he has applied for, he may issue such forms in such

lesser numbers as, in his opinion, would satisfy the reasonable requirementa of

the applicant.

(b) If the applicant requesting for declaration forms, has at the time of making the applica-

tion, failed to comply with an order demanding security from him under sub-section

(2A), (3 A) and (3C) of section 7, of the Act, the Sales Tax Officer shall reject the

application.

(c) If the applicant for declaration forms has at the time of making the application defaulted

in furnishing any return or returns, together with the Bank receipt showing payment

of the tax due from him according to such return or returns, for the furnishing of which

the prescribed date or dates or the extended date or dates, if any, have already ex-

pired, the Sales Tax Officer shall withhold the issue of declaration forms to him until such

time as he furnishes—

(i) such return or returns, together with such Bank receipts, and

(ii) any other return or returns, together with the Bank receipt showing payment

the tax due according to such return of returns, for the furnishing of which the

prescribed date or dates, or extended date or dates, if any, may have

expired after the date of the application:

3

Provided that in a case coming under this clause the Sales Tax Officer may,

instead of withholding declaration forms, issue such forms in such numbers and

subject to such conditions and restrictions as he may consider reasonable, to an

applicant, if in the opinion of the Sales Tax Officer it is desirable in the interest

of the collection of sales tax revenue to grant time to the applicant to pay up the

arrears of tax in one lump or in instalments.

(d) Where the Sales Tax Officer does not proceed under clause (a), clause (b) or clause (c),

he shall issue the requisite number of declaration forms to the applicant:

Provided that a fee of twelve rupees shall be payable for each book of 25 forms or a

part thereof containing more than 10 forms and Rs.5.00 for a part of book containing

10 forms or less and Rs.40.00 per book of 100 forms and such fee shall be paid in court-

fee stamp or stamps to be affixed in such application at the time the forms are issued

(3) Before a purchasing dealer furnishes a declaration to selling dealer, the purchasing

dealer shall fill in the form of declaration, make over the two portions thereof marked

'Original' and 'Duplicate' to the selling dealer and retain the counterfoil.

(4) For the purposes of sub-sections (1) and (4) of section 8 of the Act, the selling dealer,

to whom the two portions of the form of declaration are made over by the purchasing

dealer under sub-rule (3), shall produce at the time of assessment or within such further

time as the appropriate Sales Tax Officer may permit, both the portions marked 'Duplicate'

and 'Original' of the declaration before such authority who may, at his descretion,

retain the original portion or return both of them after getting them multilated or de-

faced in such manner as he may think fit.

(5) No dealer, to whom a form of declaration is issued by a Sales Tax Officer, shall transfer

the same to another person except for the purpose of sub-section (4) of section 8 of the

Act.

7. Certificate in Form D :- (1) A dealer who wishes to pay tax at a concessional rate under

clause (a) ofsub-section (1) of section 8 in respect of his sales to the Government not being a registered

dealer shall not accept a certificate referred to in clause (b) of sub-section (4) of section 8 except in

form D.

(2) Before the purchasing Government furnishes a certificate to a selling dealer under sub-

rule (1), all particulars in the form of certificate shall be filled in, sealed and signed by the

officer duly authorised by the Government in this behalf under clause (b) of sub-section

(4) of section 8 of the Act and the two portions thereof marked 'Originar and

'Duplicate' shall be made over to the selling dealer and the counterfoil shall be retained

by such officer.

(3) The selling dealer shall make use of the two portions of the certificates in Form D made

over to him exactly in the manner laid down in sub-rule {4) of rule 6 in respect of decal-

ration in Form C.

8. Certificate in Form E-I and E-II:- (1) The certificate referred to in sub-section (2)

of section 6 of the Act shall not be issued or accepted except in Form E-I or E-II to be supplied by

the apporpriate Sales Tax Officer on application :-

Provided that a fee of twelve rupees shall be payable for each book of 25 forms or a part

thereof containing more than 10 forms, and five rupees for a part of book containing 10 forms or less,

and such fee shall be paid in court-fee stamp or stamps to be affixed to such an application at the time the

forms are issued.

(2) A dealer who first moves the goods in the case of a sale falling under clause (a) of section

3 of the Act, or who effects the first sale during the movement of goods from one State to another in the

case of a sale falling under clause (b) of section 3 of the Act, shall, for the purpose of sub-section (2) of

section 6 of the Act issue certificate in Form E-I to the purchasing dealer.

(3) A registered dealer purchasing the documents of title to the goods during their movement

from one State to another and making a subsequent sale thereof to another registered

dealer shall, for the purpose of sub-section (2) of section 6 of the Act, issue certificate

in Form E-II to the dealer to whom he makes the subsequent sale.

(4) Before furnishing the certificate in Form E-I or E-II, as the case may be, the selling dea-

ler shall fill in all the particulars in the form, affix his signature in the space provided,

retain the counterfoil with himself and furnish the portions marked 'Original' and

'Duplicate' to the purchasing registered dealer.

4

(5) Notwithstanding the fact that subsequent sales referred to in sub-rule (2) and (3) are

exempt from tax under sub-section (2) of section 6 of the Act, declaration in form C

shall always be given by the purchasing dealer and accepted by the selling dealer in support

of such sales.

(6) For the purpose of sub-section (2) of section 6 of the Act, the purchasing dealer to whom

the two portions of the certificate E-I or E-II are made over by the selling dealer shall

produce at the time of assessment or within such further time as the appropriate Sales

Tax Officer may permit both the portions marked 'Duplicate' and 'Original' of the cer-

tificate in Form E-I and E-II along with the original and duplicate of declaration in Form

'C' received from the registered dealer to whom he sold the goods, before such autho-

rity who may, at his discretion, retain the original portions of both the certificates in

Form E-I and E-II and the declaration in Form C or return both the orignal and the

duplicate of both after getting them mutilated or defaced in such manner as he may

think fit.

(7) No dealer to whom a form of certificate is issued by Sales Tax Officer shall transfer the

same to another dealer except for the purpose of sub-section (2) of section 6 of the Act.

9. Declaration in Form F:- (1) The declaration referred to in sub-section (1) of Section 6A

of the Act shall not be issued or accepted by a dealer except in Form 'F' obtained from the appropriate

ales Tax Officer on application.

(2) The provisions under sub-rule (2) of rule 6 shall apply mutatis mutandis in the matters

of application for and issue of Form 'F' referred to in sub-rule (1) above.

(3) Before a transferee furnishes the transferor with a declaration in Form 'F' the trarsfree

shall fill in the form of declaration, make over the two portions thereof marked 'Original' and 'Dupli-

cate' to the transferor and retain the counterfoil.

(4) For the purposes of sub-section (1) of section 6A, the transferor to whom the two por-

tions of the form of declaration in the form 'F' are made over by the transferee under sub-rule (3) shall

produce at the time of or at any time before assessment of within the extended period before the assessing

authority who may at his discretion retain the original portion or return both of them after getting them

mutilated or defaced in such manner as he may deem fit.

(5) No dealer, to whom a Form 'F' is issued by the Sales Tax Officer, shall transfer the same

to another person except for the purpose of sub-section (1) of section 6A.

10. Maintenence of accounts of Form C, E-I, E-II, F and other matters relating thereto :-(1)

Every dealer receiving Form C, E-I, E-II and F shall maintain a true and proper account of every form

so received in a register in Form 2 annexed to these rules.

(2) Every registered dealer or undertaking obtaining from the appropriate Sales Tax Officer

declaration Forms C and F and certificates in Form E-I and E-II as referred to in sub-section (4) of section

8, sub-section (2) of section 6 and sub-section (1) of section 6A of the Act, shall maintain at his place of

business in a register in Form 2 a true and up to date account of every declaration form so obtained by him

and shall keep such register or registers open, at all reasonable times to inspection by the Commissioner

of Sales tax and Sales Tax Officer or by any other officer appointed by the State Government.

(3) No registered dealer or undertaking obtaining from the Sales Tax Officer declaration

forms referred to in sub-section (4) of section 8, sub-section (2) of section 6 and sub-section (1) of section

6A of Central Sales Tax Act, 1956 shall transfer any such declaration form to any person except for the

purpose of those provisions and if any such declaration form is lost or destroyed or stolen,

as the case may be, he shall immediately report the fact of such loss, destruction or theft to the appropraite

Sales Tax Officer and make appropriate entries in the remarks column of the register in form 2 aforesaid.

(4) When the certificate of registration of a registered dealer is cancelled or when a dealer

or an undertaking closes his or its business, such dealer or undertaking, as the case may be, shall forth-

with surrender to the appropriate Sales Tax Officer all unused declaration forms remaining in stock with

him and the appropriate Sales Tax Officer shall thereupon cancel the declaration forms so surrendered and re-

portt the fact of such cancellation to the Commissioner or any other Officer appointed by the Government.

(5) The Commissioner of Sales Tax may, by notification in the official Gazette, declare

forms of particular series or colour obsolete and invalid with effect from such date not being less than fifteen

days from the date of publication of the notification in the official Gazette as may be specified in the noti-

fication and on the publication of such notification in the official Gazette all registered dealers and under-

takings shall, before the date specified in such notification, surrender to the appropriate Sales tax Officer

all such forms as have been so declared obsolete and invalid.

5.

(6) The Commissioner of Sales Tax may, from time to time, publish or cause to be published

in the official Gazette, the particulars of declaration forms which have been cancelled under rule (4) or in

respect of which reports have been received by a Sales Tax Officer under sub-rule (3).

(7) No declaration referred to in the sub-section (4) of section 8 and sub-section (1) of

section 6A of the Act, shall be given by a purchasing dealer or undertaking, or accepted by a dealer who

wishes to make a deduction in pursuance of sub-section (4) of section 8 and sub-section (1) of section 6A

of the Act, in a form:-

(a) which has not been obtained from the appropriate Sales Tax Officer by such purchasing

dealer or undertaking, as the case may be, in accordance with these rules, or

(b) n respect of which a report has been made by a dealer or undertaking under sub-rule

(4) that it has been lost or destroyed or stolen, or

(c) which has been cancelled or declared to be obsolete or invalid under sub-rule (5) and

notwithstanding anything elsewhere contained in these rules, a declaration given in any form referred to

in clause (a), clause (b) or clause (c) shall not entitle any dealer, who accepts such declaration, to make

any deduction referred to in sub-section (4) of section 8.

11. Submission of returns :- (1) Every dealer liable to pay tax and every dealer registered under

the Act shall furnish a return in Form 1 in respect of each period of his turnover as referred to in rule

11 of the Central Sales Tax (Registration and Turnover) rules, 1957, to the appropriate Sales Tax Officer

quaterly within fifteen days from the expiry of each quarter.

(2) Notwithstanding anything contained in sub-rule (1), a dealer who is to submit returns

annually shall pay tax quarterly on estimate having due regard to his liability to pay tax under section 8

of the Act.

12. Assessment Notice :- The notice to commence assessment proceedings shall be in Form 3 and

notice to communicate the demand on assessment shall be in Form 4.

13. Appeal under sub-section (3H) of section 7:- (1) An appeal under sub-section (3H) of section 7 shall lie to the

Commissioner or any officer appointed by the State Government in this behalf.

(2) No appeal under sub-section (3H) of section 7, shall be entertained unless it is presented

by the person aggrieved or his agent authorised in writing in this behalf by the appellant, within thirty days

of service on him of the order against which the appeal is filed and unless the security demanded is furnished :-

Provided that the appellate authority may, for sufficient cause, permit such person to

present the appeal:-

(a) after the expiry of the said period of thirty days; or

(b) without furnishing the whole or any part of such security.

(3) A memorandum of appeal shall be in duplicate, and may be presented to the appellate

authority by the applicant or by an agent duly authorised by him or may be sent to the appellate authority

by registrated post.

(4) The memorandum of appeal:-

(i) shall contain the following particulars, namely:-

(a) the date of the order appealed against;

(b) the name and designation of the officer who passed the order;

(c) the grounds of appeal, briefly but clearly set out;

(d) the date of receipt of the notice issued under sub-section. ................................of section

..........................in respect of order appealed against;

(e) The amount of security demanded and the amount of security deposited;

(ii) shall be accompanied by a certified copy of the order appealed against;

(iii) shall be endorsed by the appellant or by an agent authorised in writing in this behalf by

the appellant as follows:-

(a) that the amount of the security demanded has been paid;

(b) that the amount of the security has not been paid or paid in part as permitted by

theappellate authority;

(c) that to the best of his knowledge and belief the facts set out in the memorandum

are true;

6

(iv) shall be signed by the appellant or by an agent authorised in writing in this behalf by the

appellant and shall be accompanied by a fee, in court fee stamps, of five percent of the

amount of the security deposited, subject to a minimum of twenty five rupees and maxi-

mum of one hundred rupees.

(5) A petition of appeal shall, unless sent by registered post, be filed before the appropraite authority ordinarily

within the first five working hours on any full working day and within the first two working hours on any half working day.

(6) If an appellant fails to comply with the requirements either of clause (iii) or (iv) of

sub-rule (4), the appeal shall be summarily rejected, and it may be so rejected if he fails to comply with the

requirements of clause (i) or clause (ii) of that sub-rule after giving the appellant such opportunity as the

appellant authority thinks fit to amend the memorandum of appeal so as to bring it into conformity with

such requirements.

(7) If the appellate authority does not reject the appeal summarily, he shall fix a date for hear-

ing the appellant or his agent.

(8) Before any order is passed in appeal, which is likely to effect any person adversely, the

appellate authority shall send to the appellant a notice, fixing and stating a place and time, ordinarily

not earlier than fifteen days from the date of such notice for hearing any representation which such person

may wish to make.

(9) In disposing of an appeal, the appellate authority may—

(a) confirm, reduce, enhance or annul the demand, or

(b) set aside the order appealed against with direction to make a fresh demand for

security after such further enquiry as may be directed.

(10) After an appeal is finally heard and disposed of, the appellate authority shall intimated the

appellant the result thereof ordinarily within twenty days from the date of order.

(11) The appellate authority may, before finally disposing of the appeal, make such enquiry

or cause such enquiry to be made by such officer as it may think fit.

(12) A copy of any order passed in appeal shall be sent to the officer against whose order

the appeal is filed.

14. Furnishing the name and specimen signature of the manager:- (1) Every dealer who is

liable to pay tax under the Act shall furnish to the authority competent to register him under section 7 a

declaration stating the name, address and other particulars of the person who shall be deemed to be the

manager in relation to the business of the dealer in the State of Sikkim.

(2) Any statement made, return furnished, account or document produced or evidence given

by the manager or any person authorised by him in this behalf in course of any proceeding under the Act,

shall be binding on the dealer.

(3) Whenever a new manager is appointed, the dealer shall within one month of such appoint-

ment, furnish to the authority referred to in sub-rule (1) a revised declaration.

15. Application of the State Sales Tax Law:- The provisions contained under the State Sales Tax

law and the rules made thereunder including the use of forms shall apply mutatis mutandis to all proceedings

or other matters incidental to the carrying out of the purposes of the Act and for which no provision is

made in these rules or in the Central Sales Tax (Registration and Turnover) Rules, 1957.

16. Offences and penalties :- Persons, contravening any provision of these rules shall be punishable

with fine not exceeding five hundred rupees and when the offence is a continuing one with a daily fine which

may exten to fifty rupees for every day during the continuance of the offence.

7

Form 1

THE CENTRAL SALES TAX (SIKKIM) RULES 1983

FORM I

(See Rule 11)

Return of Sales Tax payable under the Central Sales Tax Act, 1956.

For the Quarter/Month ending............................198

Name of the Dealer..................................................................

Address of the Dealer................................................................

Registration No:..........................................Ward No.....................

A. Gross Amount received and receivable by the dealer during the Rs. P.

period and value of goods transferred outside Sikkim under Section

6A.

B. Deduct.

(a) Sale of goods outside Sikkim as defined in under section 6 A

Section 4 of the Act. ......................

(b) Sale goods in the course of export outside India ......................

(i) as defined in sub-section (1) of Section 5

(ii) as defined sub-section (3) of section 5.

(c) Value of goods transferred outside Sikkim under Section 6 A ……………..

(d) Sales of goods referred to in the proviso to sub-section (i) of

section 9 in connection with the purchases of which the form pres-

cribed for purposes of clause (a) of sub-section (4) of section 8 was

obtained from any said State other than Sikkim. .....................

Total of B (a+b+c+d) ......................

C. Balance-Turnover of inter-State sales and sales within Sikkim (A minus

B)

D. Deduct :- Turnover of sales within Sikkim ......................

E. Balance:- Turnover of inter-State sales (C minus D) ......................

F. Deduct -

(a) Cost of freight, delivery or installation in cases where such cost is

seperately charged. ......................

(b) Sales price of all goods returned by the purchasers within a period of

six months from the date of delivery thereof. ......................

(c) Sales not taxable under sub-section (2) of Section 6. ......................

(d) Sales not taxable under notification issued under sub-section (5)

of Section 8. ......................

Total of F (a+b+c+d)

G. Balance - Total taxable turnover of inter-State sales ('E' minus 'F') ......................

H. Goods-wise break up of 'G'

A. Declared goods -

(i) Sold to registered dealers/Government not being registered dealer, on

prescribed declaration/certificate ......................

8

(2) Sold otherwise ...............................................

Total (1 + 2) ……………………………..

1. B. Other Goods :-

Sold to registered dealer/Government not being registered dealer on

prescribed declaration/certificates.............

2. Sold otherwise

Total (1 + 2) ...............................................

Total of H (A+B) ...............................................

I Ratewise break up of G Turnover Tax payable

Rs. P. Rs. P.

1. Taxable at nil rate under sub-section (2A)

of Section 8. ............................... ………………………

2. Taxable at .......... per centum ................................ ………………………

3. Taxable at .......... per centum ................................ ………………………

4. Taxable at .......... per centum .................. .............. ………………………

5. Taxable at .......... per centum .................. .............. ………………………

Total of I

…………………………………….

J.

Number and date of relevent

Bank Receipt (No. & date) in proof of

payment No.............date..........

K. Balance due/excess paid, if any Rs............

VERIFICATION

I hereby state and declare on solemn affirmation that the above statements are true

correct to the best of my knowledge and belief.

Place ............ Signature...........................

Date............. Name of the Person............

.................................................

Status....................

...................................................

9

FORM 2

Register of Declaration/Certificate Forms under the Central Sales Tax Act, 1956.

See rule 10 (1)

Receipts Issues

Serial No. Date

Bo

ok

No.

Fro

m

To

Date o

f issue

Bo

ok

No.

Serial N

o.

Seller/p

urch

aser/transfero

r to w

hom

issued

(Nam

e, address,

nam

e of th

e State an

d R

egistratio

n C

ertificate No

.)

Pu

rchaser’s o

rder/tran

sferee’s adv

ice, if any

.

Seller’s cash

mem

o./B

ill No

./Ch

allan N

o. D

ate/Paticu

lars of

Th

e evid

ence o

f disp

atch, in

reference to

which

form

s issued

.

Am

oun

t.

Rem

arks

1 2 3 4 1 2 3 4 5 6 7 8

10.

FORM 3

(See rule 12)

Office of the Sales Tax Officer........Ward No. or Place

No................ST/

Date......

From:-

Shri..................................

Sales Tax Officer..............................

Place or Ward No..............................

To,

M/s................................

………………………..

………………………..

Subject:-Regarding Registration/Amendment/Cancellation/Composition Application/Assessment etc.........

2. With reference to your application dated................................

that your case has been adjourned to................at............A.M./P.M. Please note that no

further adjourment will be allowed in this case and that your case will be decided exparte to the best

my judgement without any further reference to you.

2. The above noted case was fixed for hearing on............ but you have failed to appear

in my office on the date and time fixed, nor did you send any information in this behalf.

3. Please note that the above case/cases is /are fixed for hearing on........at

................A.M./P.M. and you are directed to appear in this office on the date and time fixed

alongwith account books, failing which your registration application/Amendment application/Cance-

llation application/Composition application and assessment (cases) will be decided ex-parte to the

best of my judgement without any further reference to you.

Assessing Authority

Place.

Note:-Please strike out which is not applicable.

11.

Form 4

NOTICE OF DEMAND UNDER SECTION 9 OF CENTRAL SALES TAX ACT 1956 (See rule 12)

No..................date Office of Sales Tax Officer,

Ward No:..................

Date........................

To

M/s................................ (Name)

..........................(Full address)

................................................

you are hereby informed that your taxable turnover for the year/quarter /month ending

.......................................19 has been assessed/reassessed to tax, that a

penalty under the Act has been imposed as under :-

A. Taxable turnover determined Rs..............................

B. Tax assessed. Rs..............................

C. Interest levied Rs.............................

D. Penalty under section 10A of the C.S.T. Act................................

E. Penalty under section 9 of C.S.T. Act Rs.............................

Total :-(B+C+D+E) ..................

Less amount already paid ..................

Net amount due ..................

You are hereby directed to pay the sum of Rs.............(in figure) Rupees........; . .

in words) into bank within 30 days from the date of service of this notice and produce the Bank receipt

within three days of date of deposit to the under-signed failing which the said sum shall be

recoverable from you as an arrear of revenue.

Signature......................

Seal..................................... Designation....................

_____________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 33 Gangtok, Thursday March 3,1983.

_________________________________________________________________________________________



Notification No.111 (21)/L-R. (S) Dated Gangtok, the 22nd February, 1983

Declaration under section 6 of L.A. Act, 1894.

Whereas the functions of the Central Government under the Land Acquisition Act,

1894(I of 1894)in relation to the accuisition of land for the purpose of the Union have been

entrusted to the State Governmentby Notification No. 12018/12/76 L.R.D dated 10th Jan-

uary, 1978 issued by the Government of India in the Ministry of Agriculture and Irrigation

under clause I of Article 258 of the Constitution of India.

And whereas the Governor is satisfied that land is needed for a public purpose, being

the purpose of the Union,namely for construction of alternative alignment to the existing

NH31-A by the Border Road Development Board (Swastik Project) at Burdang in the Block

of West Pendam, East District it is hereby declared that a piece of land comprising pass –

cadastral survey plots Nos.72 and 73 measuring more or less 143 acres, bounded on:-

NORTH: Private land under acquisition in favour of Ministry of Defence.

SOUTH: -do-

EAST: -do-

WEST : Abandoned portion of 31/A NHW.

is needed for the aforesaid public purpose at the public expense within the aforesaid block of

West Pendam.

This declaration is made under the provision of section 6 of the Land Acquisition A

1894(I of 1894)read with the said notification, to all whom it may concern.

A plan of the land may be inspected in the office of the Collector-cum-Sp.

L.A.O. Land Revenue Department, Government of Sikkim, Gangtok.

By Order of the Governor.

K. SHERAB,

Secretary,


Governor of Sikkim.

_____________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 34 Gangtok, Friday, March 4, 1983.

_________________________________________________________________________________________


GANGTOK

NOTIFICATION

No. SLAS/82-83/1468/204. Dated Gangtok, the 3rd March, 1983.

In pursuance of rule 75 of the Rules of Procedure and Conduct of Business in the

Sikkim legislative Assembly, the Speaker has been pleased to order the pre-publication of

the following Bill:—

THE SIKKIM PANCHAYAT (AMENDMENT) BILL, 1983.

(BILL No. 1 of 19830)

A

BILL

to amend the Sikkim Panchayat Act, 1982.

Be it enacted by the Legislature of Sikkim in the Thirty-fourth

Year of the Republic of India as follows :—

1. (1) This Act may be called the Sikkim Panchayat (Amendment) Short title and

Act, 1983. commencement.

(2) It shall be deemed to have come into force on the 18th day

of December, 1982.

2. In the Sikkim Panchayat Act, 1982 (hereinafter referred to as Amendment of

the principal Act), in section 6, clause (3) shall be omitted. Section 6.

3. In the principal Act, after section 101, the following sections Insertion of new

shall be inserted, namely:- section 101A

and 101 B.

101 A. Any act of commission or omission which is an electoral "Electoral Offen-

offence in relation to elections to the Legislative Assembly of ces"

Sikkim under Chapter VII of the Representation of the People

43 of 1951. Act, 1951 or under any law for the time being in force shall be

deemed to be an electoral offence in relation to the elections to

the Gram Panchayats under this Act.

101B. The State Government shall have the same powers in Requisition of

the matter of requisition of premises, vehicles and animals for premises,vehicles

the purpose of the conduct of elections to the Gram Panchayats etc, for election

as in the case of election to the Sikkim Legislative Assembly." purpose.

Amendment of 4. In the principal Act, in section 115, after sub-section (3), the

Section 115. following sub-section shall be inserted, namely:-

"(4) Any person who contravenes the provisions of this Act or

rules made thereunder for which no penalty is provided

for under this Act shall be punishable with imprisonment

for a term which may extend to six months or with fine

which may extend to two hundred rupees, or with both ".

STATEMENT OF OBJECTS AND REASONS

The Government felt the necessity of amending the Sikkim Panchayat Act, 1982 in

order to make provisions for electoral offences and for requisition of premises, vehicle etc, for

election purpose by inserting new sections 101A and 101B in the parent Act. With this object

in view, the Sikkim Panchayat (Amendment) Ordinance. 1982 (Ordinance No. 3 of 1982) was

promulgated by the Governor on the 18th day of December, 1982.

This Bill seeks to replace the aforesaid Ordinance.

N. B. BHANDARI

Chief Minister

MEMORANDUM REGARDING DELEGATED LEGISLATION

NIL

FINANCIAL MEMORANDUM

NIL

By Order.

R. K. GUPTA,

Secretary.

_______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.35 Gangtok, Monday, March 7, 1983.

_________________________________________________________________________________________


NOTIFICATION

No. SLAS /82-83/1467/204. Dated Gangtok, the 3rd March,1983

In pursuance of Rule 75 of the Rules of Procedure and Conduct of Busines in the

Sikkim Legislative Assembly, the Speaker has been pleased to order the pre-publication of the

following Bill:-

THE SIKKIM SHOPS AND COMMERCIAL ESTABLISHMENTS BILL, 1983.

(BILL NO. 2 OF 1983). .

A

BILL

to provide for the regulation of conditions of work and employment in shops,

commercial establishments, residential hotels, restaurants, eating houses, theatres, other

places of public amusement or entertainment and other establishments and for matters

connected therewith or incidental thereto.

Be it enacted by the Legislature of Sikkim in the Thirty-fourth Year of the

Repulic of India as follows :—

CHAPTER I - Preliminary.

1. (1) This Act may be called The Sikkim Shops and Commercial Establishments Short title,Extent,

Act, 1983. Operation and App-

lication.

(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 and different dates may be appointed for different

provisions of this Act and for different areas or different classes of

establishments.

2. Definations. — In this Act, unless the context otherwise requires, - Definitions.

(1) "apprentice" means a person aged not less than fourteen years who is

employed, whether on payment of wages or not, for the purpose of being

trained in any trade, business or employment in any establishments;

(2) "Chief Inspector" means the Chief Inspector appointed under

Section 68 (2).

2

(3) "Child" means a person who has not completed his fourteenth year;

(4) "closed" means not open for the services of any customer or for any

other purpose whatsoever relating to business ;

(5) "commercial establishments" means an establishment which carries on

any business, trade, profession or any work in connection with, inci-

dental or ancillary to, any business, trade or profession and includes

(a) a society registered or deemed to have been registered under

12 of 1978. the Sikkim Co-operative Societies Act, 1978,

and a charitable or other trust, whether registered or not, any

business, trade, profession or work in connection with or inci-

dental or ancillary to such business, trade or profession;

(b) an establishment which carries on the business of advertising

commission agency, forwarding or commercial agency or which

is a clerical department of a factory or of any industrial or com-

mercial undertaking ;

(c) an insurance company, joint stock company, bank, broker's

office and exchange; but does not include a factory, shop,

residential hotel, restaurant, eating house, theatre or other

place of public amusement or entertainment ;

(6) 'May" means the period of twenty-four hours beginning at midnight:

Provided that in the case of an employee whose hours of work extend beyond

midnight, day means the periods of twenty-four hours beginning whom such employment

commences irrespective of midnight;

(7) "employer" mens a person owing or having ultimate control over the

affairs of an establishment and includes the manager, agent or any other

person acting in the general management or control of such employ-

ment ;

(8) "establishment" means a shop, commercial establishment, residential

hotel, restaurant, eating house, theatre, or other place of public amuse-

ment or entertainment and includes such other establishment as the

State Government may, by notification, declare to be an establishment

for the purposes of this Act ;

(9) "factory" means any premises which is a factory within the meaning

of the Factories Act, 1948 or which is deemed to be a factory under

section 85- of the said Act ;

63 of 1948. (10) "goods" includes all materials, commodities, and articles:

(11) "holidays" means a day on which an establishment shall remain closed

or on which an employee shall be given holiday under provisions of

this Act ;

(12) "Inspector" means an Inspector appointed under this Act ;

(13) “leave'' means leave as provided for in Chapter VIII of this Act;

(14) "local area" means any area or combination of areas to which this Act, applies ;

(15) "Local Authority" means the Gangtok Municipal Corporation consi-

tuted under the Gangtok Municipal Corporation Act, 1975, and

includes any other body which the State Government may, by notifica-

tion, declare to be local authority for the purposes of this Act;

(16) "manager'' means a person declared to be a manager under sertion 6;

(17) "member of the family of an employer" means the husband, wife, son,

daughter, father, mother, brother, sister of an employer who lives with

and is dependent on such employer ;

(18) "notification" means a notification published in the Official Gazette; . ...

(19) " opened'' means opened for the services of any costumer for any

business of the establishment, for work, by or with the help

any employee of or connected with the establishment;

3

(20) "period of work" means the time during which an employee

is at the disposal of the employer ;

(21) "prescribed" means prescribed by rules made under this Act ;

(22) "prescribed authority" means the authority prescribed under

the rules made under this Act ;

(23) "register of establishment" means a register maintained for the

registration of an establishment ;

(24) "registration certificate" means a certificate showing the


(25) "residential hotel" means any premises in which a bonafide business

is carried on of supplying for payment lodging or board and lod-

ging to travellers and other members of the public on payment

and includes a residential club ;

(26) "restaurant" and eating house" means any premises in which

is carried on wholly or principally the business of the supply of

meals or refreshments to the public or a class of the public for

consumption on the premises ;

(27) "shop" means any premises where goods are sold, either by

retail or whole or where services are rendered to customers, and

includes on office, a store room, godown, warehouse or work

place whether in the same premises or otherwise used in con-

nection with such trade or business but does not include a factory,

a commercial establishment, residential hotel, restaurant, eating

house, theatre or other place of public amusement or entertain-

ment ;

(28) "spread over" means the period between the commencement

and the termination of the work of an employee on any day ;

(29) "theatre" includes any premises intended principally or wholly

for the exhibition of pictures or ther optical effects by means of

cinematograph or other suitable apparatus or for dramatic perfo-

mances or for any other public amusement or entertainment ;

(30) “wages" means wages as defined in the Payment of Wages Act, 4 of 1936. 1936 ;

(31) "week" means the period of seven days beginning at midnight

at Saturday ;

(32) "year" means a year commencing on the first day of Jaunuary ;

(33) "young person" means a person who is not a child and has not

completed his seventeenth year.

3. Reference to the time of day in this Act are reference to Indian Standard References to time

Time. of day.

4. (1) Nothing contained in this Act shall apply to— Act not applicable to

certain persons and

(a) a person whose work is inherently intermittant such as a travel- establishments.

ler, canvasser, watchman or a caretaker;

(b) offices of the Central or State Government or of local authori-

ties, or the State Bank of India, the State Bank of Sikkim and the

Life Insurance Corporation ;

(c) establishment for treatment or care of the sick, infirm, destitute

or mentally unfit persons ;

(d) bazars, fairs or exhibitions for the sale of works for charitable

or other purposes from which profit is derived ;

(e) stalls and refreshments rooms at railway stations or railway din-

ing cars ;

(f) clubs not being residential clubs ;

(g) any commercial establishment carrying on the business of trans-

port of passengers and goods by motor vehicles and persons ex-

clusively employed in relation to such business ;

4.

(h) offices of lawyers; and

(i) any other class of establishments or class of persons which the

State Government may by notification, exempt from the opera-

tion of this Act.

Power of State 5. The State Government, may, if satisfied that the public interes so re-

Government to exempt. quires or that the circumtances of any establishment are such that it would be just and

proper so to do, by notification, exempt either permanently or for any specified period

any establishment or class of establishments or person or class of persons to which or to

whom this Act applies, from all or any of its provisions, subject to such restrictions and

conditions as the State Government may specify in the notification.

CHAPTER II

REGISTRATION OF ESTABLISHMENTS

Registration of Estab- 6. (1) Every establishment to which this Act applies shall be registered in accor-

lishments. dance with the provisions of this section.

(2) Within thirty days from the date on which the Act applies to an establish-

ment, the employer shall send to the Chief Inspector, a statement in a

prescribed form, together with such fees as may be prescried containing :-

(a) the name of the employer and the manager, if any ;

(b) postal address of the establishment;

(c) the name, if any, of the establishment;

(d) the category of the establishment, i.e. whether it is a shop, com-

mercial establishment, residential hotel, restaurant, eating house,

theatre or the place of public amusement or entertainment ; and

(e) such other particulars as may be prescribed.

(3) On the receipt of the statement and the fees, the Chief Inspector on being

satisfied about the correctness of the statements made therein, shall re-

gister an establishment in the register of establishments and shall issue

in the prescribed form, a registration certificate to the employer. The

registration certificate shall be displayed at a conspicuous place in the

establishment.

(4) Registration certificate granted under sub-section (2), shall be valid upto

the end of the year for which it is granted. An application for the re-

newal of a registration certificate shall be submitted not less than fifteen

days before the date of expiry of the registration certificate or of the re-

newed registration, as the case may be and shall be accompanied by such

fees as may be prescribed and the renewed registration certificate shall

be in such form, as may be prescribed.

(5) In the event of any doubt or difference of opinion between an employer

and the Inspector as to the category to which an establishment sholud be

long, the Inspector shall refer the matter to the Chief Inspector, who shall,

after such inquiry as he thinks proper, decide the category of such estab-

lishment and his decision shall be final for the purposes of this Act.

Suspension and 7. (1) The Chief Inspector may suspend or revoke a licence granted under this

revocation of licence. Act and may for that purpose require the holder of licence by notice in

writing to deliver up the licence to it or to any other officer within such

time as may be specified in the notice.

(2) The Chief Inspector may, by an order in writing, suspend a licence, for

such period as he thinks fit or revoke a licence,:-

(a) if he deems it necessary in the interest of the public safety to sus-

pend or revoke the licence; or

(b) if the licence was obtained by suppression of material information

or on the basis of wrong information provided by the holders of the

licence or any other person on his* behalf at the time of sending

an application for the licence; or

5

(c) if the holder of licence has failed to comply with notice under

sub-section (1) requiring him to deliver up the licence.

(3) The Chief Inspector may also revoke a licence on the application of the

holder thereof.

(4) Where the Chief Inspector makes art order suspending or revoking a

licence under sub-section (2) he shall record hi writing the reasons there-

of and furnish to the holder of licence ait demand a brief statement of the

same.

(5) A Court convicting the holder of licence of any offence under this Act

or rules made thereunder may also suspend or revoke a licence :

Provided that if the conviction is set aside in appeal or otherwise, the suspension

or recocation shall be final.

(6) On the suspension or revocation of licence under this section, the holder

thereof shall without delay surrender the licence to the authority by

whom it has been suspended or revoked or to such other authority as may

be specified in this behalf in the order of suspension or revocation.

8. (1) Any person aggrieved by an order of the Chief Inspector refusing to grant Appeals.

a licence or by an order of the Chief Inspector suspending or revoking

a licence may prefer an appeal against the order to the Secretary in the

Department of Labour of the State Government within thirty days from

the date of commencement of the order of refusal, suspension or revocation,

as the case may be :

Provided that an appeal may be admitted after the expiry of the period of thirty

days if the appellant satisfied the Secretary that he was prevented by sufficient cause from

preferring the appeal within the said period.

(2) Every appeal under this section shall be made by a petition in writing and

shall be accompanied by a brief statement of the reasons for the order

appealed against where such statement has been furnished by the appellant

and by such fees as may be prescribed.

(3) No appeal filed under this section shall be disposed of until the appellant

is given reasonable opportunity of being heard.

(4) Every order of the Appellate Authority confirming, modifying or re-

versing the order appealed against shall be final.

CHAPTER III

SHOPS AND COMMERCIAL ESTABLISHMENT

9. (1) No shop:- Opening hours of

shops.

(a) dealing wholly in milk, vegetables, fruits, fish, meat, bread or

any other goods notified by the State Government shall on any

day be opened earlier than 5 a.m.

(b) other than those specified in clause (a), shall on any day be opened

earlier than 7 a.m.

(2) Subject to the provisions of sub-section (1) the State Government may fix

different opening hours for different classes of shops or for different areas

or for different periods of the year.

10. (1) No shop— Closing hours of

shops.

(a) other than those specified in clause (b) of this sub-section shall

on any day be kept open after 7 p.m.

(b) dealing mainly in the sale of pan, bidis, cigarettes, safety matches

and other ancillary articles shall on any day be kept open after

9 p.m :

Provided that any customer who was being served or was waiting

to be served at such closing hour in any shop may be served in such shop

during the quarter of an hour immediately following such hour.

6

(2) Subject to the provision of sub-section (1) the State Government may

fix earlier closing hours for different classes of shops or different areas or

for different periods of the year.

Hawking prohibited 11. (1) No person shall carry on in or adjacent to a street or a public place the

before opening and sale of any goods before the opening and after the closing hours fixed under

after closing hours of shops sections 10 and 11 and for the shop dealimg in the same class of goods in

the locality in which such street or public is situted:

Provided that nothing in this section shall apply to the sale of

newspapers.

(2) Any person contravening the provisions of sub-section (1) shall be liable

to have his goods seized by an Inspector.

(3) The goods seized under sub-section (2) shall be returned to the person

from whom they were seized on his depositing rupees fifty as security for

his appearance in the court.

(4) If the person fails to make the deposit, the goods seized shall be produced

without delay before a Magistrate who may give such directions as to their

temporary custody as he thinks fit.

(5) Where no prosecution is instituted for contravention of the provisions

of sub-section (1) within sueh period as the Magistrate may fix, in this

behalf, the Magistrate shall direct their return to the person from whom

they were seized.

(6) Subject to the provisions of sub-section (5), the provisions of any law

relating to the criminal procedure for the time being in force, shall ,so

far as they may be applicable, apply to the disposal of the goods seized

under this section.

Opening and closing 12. (1) No commercial establishment shall on any day be opened ealier than 8.30

hours of commercial a.m. and kept open after 9.30 p.m.

establishments.

(2) Subject to the provisions of sub-section (1) the State Government may

fix different opening or closing hours for different classes of commercial

establishments or for different areas or for different periods of the years.

Daily and weekly 13. (1) Subject to the provisions of this Act, no employee shall be required or

hours oj work in allowed to work in any shop or commercial establishment for more than

commercial establishment. nine hours in any day and forty eight hours in any week.

(2) Any employee may be required to work in a shop or commercial estab-

lishment for any period in excess of the limit fixed under sub-section (1)

if such periods does not exceed three hours in any week.

(3) On not more than six days in a year which the State Government may fix

by rules made in this behalf, for purposes of making of accounts, stock

taking settlements or other prescribed occassions, any employee may be

required or allowed to work in a shop or commercial establishment each

excess of the period under sub-section (1) if such period does not exceeed

twenty four hours.

Interval for rest. 14. The period of work of an employee in a shop or commercial establishment each

day shall be so fixed that no period of continous work shall exceed five hours or and that

no employee shall be required or allowed to work for more than five hours before he has

had an interval for rest of at least one hour:

Provided that—

(a) in the case of employee in a commercial establishment engaged in any

manufacturing process, interval for rest shall be at least half an hours;

and

(b) in the case of any other employer the State Government may, on an

application made in that behalf by the employee concerned, permit the

reduction of the interval for rest to half an hour.

Spread over in shop. 15. The spread over of an employee in a shop shall not exceed eleven hours in any

day:

7

Provided that where an employee on any day in accordance with the provi-

sions of sub-section (2) of seation 13 the spread over shall not exceed fourteen

hours in any such day and where he Works on any day in accordance with the

provisions of sub-section (3) of the said section, the spread over shall not ex-

ceed sixteen hours in any such day.

16. The spread over of an employee in a commercial establishment shall not exceed Spread over in com-

eleven hours in any day : mercial establish-

ments,

Provided that the State Government may, by notification increase the spread

over period subject to such conditions as it may impose either generally or in the case

of a particular commercial establishment or a class or classes of commercial establishment.

17. (1) Every shop of establishment shall remain closed on one day of the week. Holidays, in a week

The employer shall choose any day of the week and shall fix such day at the beginning in shops and commer-

of the or within thirty days in case establishment comes into existence at some time cial establishment.

during the year other than the begining of the year, notify it to the Inspector and specify

it is a notice prominently displayed at a conspicuous place in the shop or establishment

and shall be maintained in a clean and legible condition.

(2) Notwithstanding anything contained in sub-section (1) the Government

may, by notification in the Government Gazette fix any day in respect of any area speci-

fied in the notification.

(3) If any day notified as a holiday under sub-section (1) happens to be a day

of public festival, the employer may keep the shop or commercial esablishment open or

such day but in that event, he shall keep the shop or commercial establishment

closed on some other day, within three days bsfore or after the date of such public fes-

tival and give notice of the change to the Inspector at least seven clear days before the day

of such public festival.

(4) It shall not be lawful for an employer to call an employee at, or for any

employee to go to, his shop or commercial establishment or any other place for any work

in connection with the business of his shop or commercial establishment on a day on which

such shop or commercial establishment remains closed.

(5) No deduction shall be made from the wages df any employee df a shop or

commercial establishment on account of any day on which it has remained closed under

this section.If any employee is employed on a daily wages he shall nonetheless be paid

his daily wage for the day on which such shop or commercial establishment remains closed.

If any employee is paid a piecerate wage, he shall nonetheless be paid his wage for the

day on which the shop or commercial establishment remains closed, at a rate equivalent

to the daily average of his wages for the days on which he actually worked during the six

days preceding such closed day exclusive of any earning in respect of overtime :

Provided that nothing in this section shall apply to any person whose total

period of continuous employment is less than six days.

CHAPTER IV

RESIDENTIAL HOTELS, RESTAURANTS AND EATING HOUSES

18. (1) Notwithstanding anything contained in any other enactment for the time Opening and closing

being in force no restaurant or eating house shall on any day be opened earlier than 5.a.m hours of resturants

and be kept open after 11p.m. for service: and eating houses.

Provided that an employee in such restaurant or eating house may. be

required to commence work not earlier than 4.30.a.m. and shall not be required to work

later than 11.30 p.m.:

Provided further that any customer who was being served or waiting

to be served at the closing hour of such restaurant or eating house may be served in such

resturant or eating house during the quarter ©f an hour immediately following such

(2) Subject to the provisions of sub-section (1), the State Government may

fix different opening or closing hours for different restaurants or eating houses or for di-

fferent areas or for different periods of the year.

8

(3) Notwithstanding anything contained in this section or any other enactment

for the time being in force, the State Government may, by noyification, fix not mora than

ten days in a year on festive or special occasions such openings and closing hours for di-

ffrerent restaurants or eating houses or for different areas, as it thinks proper.

Restriction of selling 19. Before and after the hours fixed for the opening and closing of shops under

of goods. section 9 and 1 o no goods of the kind sold in such shops shall be sold in any resturant or

eating house except for consumption on premises.

Daily hours of work 20. (1) Except on the day that may be notified under sub-sectipn (3) of section

in residential hotels, 18, no employee shall be required or allowed to work in a residential hotel, resturant

resturants and eatingand eating house for more of the period fixed under sub-section (1) if such period does not

houses. exceed three hours on any day.

(2) On the days which, may be notified under sub-section (3) of section 18,

any employee may be required or allowed to work in a residential hotel, resturant and

eating house in excess of the period fixed under sub-section (1) if such period does not

exceed three hours on any day.

Interval for rest. 21. The period of work of an employee in a residential hotel, resturant or eating house

house each day shall be so fixed that no period of continuous work shall exceed five hours

and that no employee shall be required or allowed to work for more than five hours before

he has had an interval for rest of at least one hour.

Spread over. 22. The spread over of an employee in a residential hotel, resturant or

shall not exceed fourteen hours:

Provided that the State Government may on an application made in that behalf by

the employees concerned, permit the reduction of the interval for rest to half an hour.

The employer to 23. The employer shall furnish every employee in a residential hotel, resturant or

furnish identity card eating house an identity card which shall be producedby the, employee on demand by an

to employee. Inspector. Such card shall contain the following and such other particular as may be

prescribed, namely ;—

(a) the name of the employer ;

(b) the name,if any and the postal address of the establishment ;

(c) the name and age of, the employee;

(d) the hours of work the interval for the rest and the holidays of an employee;

(e) passport size photogarphs of the employee ;

(f) the signature or thumb impression of the employee ;

(g) the signature with date of the employer or manager.

Chapter –V

THEATRES OR OTHER PLACES OF PUBLIC AMUSEMENT OR ENTER-

TAINMENT

Closing hours of 24. Notwithstanding anything contained in any other enactment for the time being

theatres or other in force, no threatre or other place of public amusement or entertainment shall on any

place of public day be kept open after than 12 midnight.

amusement or enter-

tainment.

Theatres or other 25. After the hours fixed for the closing of shop under section 11, no goods of the

places of public kind sold in a shop shall be said in any theatre or other places of public amusement or

amusement or enter- entertainment except for consumption on premises. , tainment not to sell

goods of the kinds sold in shops after the closing hours of shop.

Daily hours of work 26. (1) No employee shall be required or allowed to work in any theatre or other

in a theatre or other places of public amusement or entertainment for more than nine hours in any day.

places of public

amusement or enter-

tainment.

9.

(2) Any employee may be required or allowed to work in a theatre or other

place of public amusement or entertainment for any period in excess of the limit fixed

under sub-section (1), if such period does not exceed six hours in any week.

27. The period of work of an employee in a theatre or other place of public amuse- Interval for rest

ment or entertainment each day shall be so fixed that no period of continuous work shall

exceed five hours and that no employee shall be required or allowed to work for more than

five hours before he has had an interval for rest of at least one hour:

Provided that the State Government may on an application made in that behalf

by the employees, permit the reduction of the interval for rest to half an hour.

28. The spread over of an employee in a theatre or other place of public amusement or Spread over.

entertainment shall not exceed eleven hours in any day:

Provided that the State Government may increase the spread over periods sub-

ject to such conditions as it may impose either generally or in the case of a parti-

cular period or other place of public amusement or entertainment.

29. (1) Every employee in a theatre or other place of public amusement or en- Holidays in a week

tertainment shall be given at least one day in a week as a holiday:

Provided that nothing in this sub-section shall apply to an employee whose

total period of employement in any week is less than six days.

(2) It shall not be lawful for an employer to call an employee at, or for an

employee to go to, his theatre or other place of public amusement or entertainment or

any place for any work in connection with the business of his theatre or place of public

amusement or entertainment on any day on which such employee has a holiday.

(3) No deduction shall be made from the wages of an employee in a theatre

or place of public amusement or entertainment on account of any holiday given to him

under sub-section (1). If an employee is employed on a daily wage, he shall noentheless

be paid his wages for the holiday equal to the average of the daily wages earned by him du-

ring preceding six working days.

30. The employer shall furish every employee in a theatre, or other place of public Identity card.

amusement or entertainment an identity card which shall be kept by the employee when

on duty and shall be produced on demand by an Inspector; such card shall contain the

following and such other particulars as may be prescribed, namely:-

(a) the name of the employee;

(b) the name, if any, and the postal address of the theatre and public place of

amusement or entertainment;

(c) the name and age of the employer;

(d) the hours of work, interval for rest; if any, and the holidays of the employee;

(e) passport size photograph of the employee;

(f) the signature with date of the employer;

(g) the signature or thumb impression of the employee.

CHAPTER VI

EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND WOMEN

31. No child shall be required or allowed to work as an employee or otherwise in No child to work in

any establishment notwithstanding that such child is a member of the family of the any establishment.

employer.

32. No young person and women shall be required or allowed to work whether as an Young persons and

employee or otherwise in any establishment before 6 a.m. and after 7 p.m. notwithstanding women to work

that such young person or women is a member of the family of the employer. between 6.a.m and

after 7.p.m

33. (1) Notwithstanding anything contained in this Act, no young person shall Daily hours of work

be required or allowed to work whether as an employee or otherwise in any establishment for young person.

for more than six hours in a day.

(2) No young person shall be required or allowed to work whether as an

employee or otherwise in any establishment for more than three hours in any day unless

he has had an interval for rest of at least half an hour.

forepl

10

Prohibition of em- 34. No young person or women working in any establishment, whether as an employee

ployment of young or otherwise shall be required or allowed to perform work as may be declared by the

in dangerous work. State Government, by notification to be work involving danger to life, health or morals.

Prohibition of 35. No woman shall engage herself in employment in any establishment during the

employment during six weeks following the day on which she is delivered of a child and no owner or manager

certain periods. of an establishment shall knowingly employ such woman.

Notice of presence of 36. (1) If any woman employed in an establishment is pregnant and gives notice

pregnancy. in writing to the employer that she expects to be delivered of a child within six weeks

from the date of such notice, the employer shall permit her, if she so desires, to absent

herself from work up to the day of her delivery :

Provided that before granting such permission the employer may, at his own

cost require the woman to be examined by a qualified medical practitioner or midwife,

and if the woman refuses to submit herself to such examination or is certified on such ex-

amination as not pregnant or not likely to be delivered of a child within six weeks, he may

refuse such permission.

(2) The examinaticn referred to in the proviso to sub-section (1) shall,if

the woman so desires, be carried out by a midwife.

Maternity leave. 37. The absence of a woman during the period she is entitled to maternity benefit

under this Act or, due to illness medically certified to arise out of pregnancy or confine-

ment, shall be treated as authorised absence on leave.

Maternity benefit. 38. (1) Every woman employed in an establishment who has been continously

employed in such establishment or in establishments belonging to the owner of such

establishment for a period of not less than six months preceding the date o£ her delivery

shall fee entitled to receive and the employer shall be liable to make to her a payment

of a materriity benefit at a rate for every day during the six weeks immediately preceding

and including the day of her delivery and for each day or the six weeks following her deli-

very as may be prescribed by the State Government:

Provided that no such payment shall be made for any day on which she attends

work arid receives payment therefor during the six Weeks preceding her delivery.

(2) The manner in which the maternity benefit shall be payable in such manner

as may be notified by the State Government.

Interval for nursing 39. Any woman employed in an establishment, who is. delivered of a child, shall

the child. while she is nursing such child, be allowed half-an-hour twice a day during her delivery.

hours for purposes of such nursing in addition to regular intervals for rest.

Prohibition on dis- 40. (1) When a woman absents herself from work under section 38 shall be

missal during or on lawful for the employer to dismiss her during or on account of such absence, or to give

account of absence notice of dismissal on such a day that the notice will expire during such absence.

from work owing to

confinement.

(2) The dismissal of a woman at any time within six months before she is

delivered of a child, if the woman, but for such dismissal would have been entiled to

maternity benefit under this Act, shall not have the effect of depriving her of such mater-

nity benefit if the Inspector is satisfied that her dismissal was without sufficeint cause.

Facilities to women 41. Any woman employee who has a miscarriage or has/under-gone operation for

employees in case of medical termination of her pregnancy shall also be entitled, to leave for six weeks or such

miscarriage etc. period as may be medically certified and her absence shall be treated as authorised absence

on leave.

Special casual leave 42. (1) Every emlpoyee who undergoes sterilisation operation shall be entiled

for sterilisation opera- to special casual leave with wages for a period not exceeding -

tion.

(a) six days in. the case of a male employee ; or

(b) fourteen days in the case of a female eniployee, with effect from the day

on which he or she undergoes such operation.

(2) If an employee who has undergone sterilisation operation is discharged

by his or her employer during the period specified in sub-section (1)

the employer shall pay such employee wages payable during leave period

in respect of the period of special casual leave which the employee was

entitled at the time of his or her discharge.

10

Prohibition of em- 34. No young person or women working in any establishment, whether as an employee

ployment of young or otherwise shall be required or allowed to perform work as may be declared by the in

dangerous work. State Government, by notification to be work involving danger to life, health or morals.






from the date of such notice, the employer shall permit her, if she so desires, to absent



cost require the woman to be examined by a qualified medical practitioner or midwife,


aminafon as not pregnant or not likely to be delivered of a child within six weeks, he may


(2) The examinaticn referred to in the proviso to sub-section (1) shall,if


Maternity leave. 37. The absence of a woman during the period she is entitled to maternity benefit

under this Act or, due to illness medically certified to arise out of pregnancy or confine-merit, shall be

treated as authorised absence on leave.


employed in such establishment or in establishments belonging to the owner of such establishment for a

period of not less than six months preceding the date o£ her delivery shall fee entitled to receive and the

employer shall be liable to make to her a payment of at materriity benefit at a rate for every day during

the six weeks immediately preceding and including the day of her delivery and for each day or the six

weeks following her deli-very as may be prescribed by the State Government:

Provided that no such payment shall be made for any day on which she attends work arid receives

payment therefor during the six Weeks preceding her delivery.



Interval for nursing 39. Any woman employed in an establishment, who is. delivered of a child, shall

the child. while she is nursing such child, be allowed half-an-hour twice a day during her delivery.


Prohibition on dis- 40. (1) When a woman absents herself from work under section 38 shall be

missal during or on lawful for the employer to dismiss her during or on account of such absence, or to give

account of absence notice of dismissal on such a day that the notice will expire during such absence.

from work owing to

confinement.


delivered of a child, if the woman, but for such dismissal would have been entiled to


nity benefit if the Inspector is satisfied that her dismissal was without sufficeint cause.


employees in case of medical termination of her pregnancy shall also be entitled, to leave for six weeks or such

miscarriage etc. period as may be medically certified and her absence shall be treated as authorised absence

on leave.


for sterilisation opera- to special casual leave with wages for a period not exceeding -

tion. (a) six days in. the case of a male employee ; or

(b) fourteen days in the case of a female eniployee, with effect from the day



by his or her employer during the period specified in sub-section (1)




11

43. (1) Notwithstanding anything contained in the Payment ,of Wages Act, Application and

1936(hereinsfter referred to in this section as "the Said Act"),the State Government amendment of the

may,by notification, direct that subject to the provisions of sub-section (2), the said Act payment of wages

or any of the provisions thereof or of the rules made thereunder shall, apply to all or any Act, 1936.

class of establishment or to all or any class of employees to which or whom this Act

for the being applies.

(2) On the application of the provisions of the said Act to any establish-

ment or to any employee under sub-section (1) Inspector appointed under this Act

shall be deemed to be the Inspector for the purpose of the enforcement of provisions

of the said Act within the local limits of his jurisdiction.

CHAPTER VII

HEALTH AND SAFETY

44. The premises of every establishment shall, be kept clean and free from effluvia Cleanliness.

arsing out from any drain or privy or other nuisance and shall be cleaned at such times

and by such methods as may be prescribed and these methods amy include lime-washing,

colour-washing,, painting, varnishing, disinfecting and deodorising.

45. The premises of every establishment shall be ventilated in accordance with Ventilation.

such standards and by such methods as may be prescribed.

46. (1) The premise of every establishment shall be sufficiently lighted during Lighting.

all working hours.

(2) If it appears to an Inspector that the premises of any establishment

within his jurisdiction are not sufficiently kept clean lighted or ventilated he may serve

on the employer an order in writing specifying the measures which in his opinion

should be adopted and requiring them to be carried out before a specified date.

47. In every establishment such precautions against fire shall be taken as may be Precaution against

prescribed. fire.

48. In every establishment wherein a manufacuring process as defined, in clause First-aid.

(k) of section 2 of the Factories Act, 1948, is carried on there shall be provided and

maintained by the employer a first aid box containing such articles as may be presented.

CHAPTER VIII

HOLIDAYS AND WAGES

49. (1) Every person employed in any establishment shall be entitled,after Holidays and sick

twelve months continous service to hloidays with wages for a period of twenty leave.

days,in the subsequent period of twelve months, provided that such holidays with

wages may be accumulated upto a maximum period of sixty days.

Explanation - For the purpose of this sub-section any continous period of service

preceding the date on which this Act applies to any establishment shall also count,

subject to a maximum period of twelve months.

(2) Every person employed in any establishment shall also,be entitled during

his twelve months of continuous service after the commencement of his Act, and

during every subsequent twelve months of such, service—

(a) to leave with wages for a period not exceeding 12 days, on the

ground of any sickness, incurred or accident sustained by him; and

(b) to casual leave with wages for a period not exceeding 12

days on any reasonable ground.

(3) If a person entitled to any holidays under sub-section (1) is discharged

by his employer before he has been allowed the holidays or if having applied

for and been refused the holidays he quits his employment before he has been

allowed the holidays the employer shall pay him the amount payable under

this Act in respect of the holidays.

12

(4) If a person entitlted to any leave under sub-section (2) is discharged by

his employer when he is sick or suffering from the result of an accident the

employer shall pay him the amount payable under this Act in respect of the

period of leave to which he was entitled at the time of his discharge, in addition

to the amount, if any payable to him under sub-section (3) or under any other

provision of this Act.

(5) A person employed shall be deemed to have completed a period to

twelve months continous service within the meaning of this section notwithstan-

ding any filter uption in service during those twelve months brought about:-

(i) by sickness, accident, or authorised leave (including authorised

holidays) not exceeding ninety days in the aggregate for all three;

(ii) by a lock-out; or

(iii) by a strike which is not an illegal strike; or

(iv) by intermittent periods of involuntary umemployment not ex-

ceeding thirty days in the aggregate;

and authorisec leave shall be deemed not to include any weekly holidays or half-holidays

allowed under this Act which occurs at the begining or end of an interruption brought

by the leave.

(6) A person employed in a hostel attached to a school or college or in an

establishment maintained in a boarding school in connection with the boarding and lod-ging of

pupils and resident teachers shall be allowed the privileges referred to in sub-section (1) to (5)

reduced however proportionately to the period Tor which he was employed continuously in the

previous year or to the period for which he will be employed contin-uously in the Current year

as the case may be-;and all references to periods of holidays or of leave in sub-sections (1) and

(2) shall be construed accordingly,fractions of less than

one day being disregarded.

(7) The State Government shall for the holidays or the period of the leave

allowed

in which the provisions of sub-section (6) shall be carried into effect in all or any class of

cases or in any particular case.

Pay during annual 50. Every person employed shall, for the holidays, or the period of the leave allowed

holidays. under sub-section (1) or (2) of section 43,be paid at a rate equivalent to the

daily average

of his wages for the days on which he aptually worked during the preceding three months

exclusive of any earnings in respect of overtime.

Power to increase of 51. Notwithstanding anything contained in section 43, the State Government may,

the number of holi- by notification, increase the total number of annual holidays and the maximum number

days. of days upto which such holidays may be accumulated in respect of any establishment or

class of establishments.

Mode of recovery 52. (1) Any sum required to be paid by an employer under this Chapter but not

unpaid wages. paid by him shall be recovered as"delayed wages" under the provisions of the Payment

4 of 1936. of Wages Act,1936.

(2) Any Inspector may institute proceedings on behalf of any person employed

to recover any sum required to be paid under this Chapter by an employer which he has

not paid.

Responsibility for 53. (1 ) Every employer shall be responsible for the payment to persons employed

' payment of wages. by him of all wages and sums required to be paid under this Act.

Fixation of wage 54. (1) Every employer shall fix periods (in this Act refered to as wage periods)

period. in respect of which such wages shall be payable.

(2) No wage period shall exceed one months.

Wages for overtime 55. Where any person employed in any establishment is required to work

work. he shall be entitled, in respect of such overtime work, to wages at twice the ordinary rate

of wages.

Explanation— Fbr the purpose of this section, the. expression "ordinary rate of wages"

shall mean such rate of wages as rnay be calculated in the manner) prescribed .

Gratuity. 56. An employee who has completed ten or more years of continous service with

full wages shall, on quitting the service or on his death his legal be entitled to gra-

13

57. (1) The wages of every person employed shall be paid before the expiry of Time of payment of

the fifth day after the last day of the wage period in respect of which the wages are payable. wages.

(2) Where the employment of any person is terminated by or on behalf of

the employer, the wages earned by such person shall be paid before the expiry of the second

working day from the day on which his employment is terminated.

(3) The State Government may, by general or special order, exempt an em-

ployer from the operation of this section in respect of the Wages of any person employed

or class of persons employed, to such extent and subject to such conditions as may be

specified in the order.

(4) All payments of wages shall be made on a working day.

58. An employee who has been allowed leave for not less than four days, in th case Payment of advance

of an adult, and five days in the case of a child shall, before his leave begins be paid in certain case.

wages due for the period or leave allowed.

59. All wages shall be paid in current coin or currency notes or in both. Wages to be paid in

current coin or

currency notes.

60. (1) The wages of a person employed shall be paid to him without deductions Deduction which amy

of any kind except those authorised by or under this Act. be made from wages

Explanation-Every payment made by a person employed to the employer shall, For the

purpose of this Act, be deemed to be a deduction from the wages.

(2) Deduction from the wages of a person shall be made only in accordance

with the provisions of this Act, and may be of the following kinds only, namely :—-

(a) fines;

(b) deductions for absence from duty;

(c) deductions for damage to, or loss of, goods

expressly entrusted to the employed person for custody, or for loss of money for which he

is required to account, where such damage or loss is directly attributable to his neglect

or default;

(d)deductions for house accommodation, if any, supplied by the employer;

(e) deductions for such amenities and services supplied by the employer as

the State Government may, by general or special order, authorise;

(f) deductions for recovery of advance or for adjustment of over-payments

of wages;

(g) deductions of income-tax payable by the employed person;

(h) deductions required to be made by an order of a Court or other authority

competent to make such order;

(i) deductions for subscriptions to, and for repayment of advances from,

any provident fund to which the Provident Funds Act, 1925 applies or any provident fund 19 of 1925.

approved in this behalfrby the State Government during the continuance of such approval;

(j) dedcuctions for payments to co-operative societies approved in this behalf

by the State Governement or to a scheme of insurance maintained by the Indian Post Office

or by any insurance company approved in this behalf by the State Government;

(k) deductions made with the written authorisation pf the employed person

in futherance of any savings scheme approved by the State Government for the purchase

of secruties of the Central or State Government.

61. (1) No fine shall imposed on any person employed save in respect of such Fines.

acts and omissions on his parts as the employer, with the previous approval of the State

Government or of the Chief Inspector may have specified by notice under sub-section (2).

(2) A notice specifying such acts and omissions shall be exhibited in the pres-

cribed manner on the premises in which the employment is carried on.

(3) No fine shall be imposed on any person employed until he has been

given an opportunity of showing cause against the fine, or otherwise, than in accordance

with such procedure as may be prescribed for the imposition of fines.

14.

(4) The total amount of fine which may be imposed im any one wage period

on any person shall not exceed an amount equal to paise three in a rupee of the wages apy-

able to him in respect of that wage period.

(5) No fine shall be imposed on any person employed who has not completed

his fifteenth year of age.

(6) No fine imposed on any person employed shall be recovered from him

after the expiry of sixty days from the date on which it was imposed.

(7) Every fine shall be deemed to have been imposed on the day of the act

or omission in respect of which it was imposed.

(8) All fines and all realizations thereof shall be recorded in a register to be

kept by the employer in such form as may be prescribed ; and all such realiziation shall be

applied only to such purposes beneficial to the persons employed in the establishement as

are approved by the prescribed authority.

Explanation.—When the persons employed are part only of the staff employed under the

same management, all such realizations may be credited to a common fund maintained for

the staff as whole, provided that the fund shall be applied only to such purposes as are

pproved by the prescribed authority.

Deduction for 62. (1) Deductions may be inade under clause (b) of sub-section (2) of section

absence from duty. 61only on account of the absence of an employed person from the place or places where

by the terms of his employment, he is required tb work, such absence being for the whole

or any part of the period during which he is so required to work.

(2) The amount of such deductions shall in no case bear tb the wages payable

to the employed person in respect of the wage period for which the deduction is made,

a larger proportion than the period for which he was absent bears to the total period,

within such wage period during which by the terms of his employment, he was required to work:

Provided that, subject to any rules made in this behalf by the State Government

if ten or more employed persons acting in concert absent themselves without due notice

(that is to say, without giving the notice which is required under the terms of their contact

of employment) and without resasonable cause such dedcuctions from any such terms

include such amount not exceeding his wages for eight days as may by any such terms be due to the

employer in lieu of due notice.

Explanation.—For the purpose of this section, an employed person shall be deemed to be

absent from the place where he is required to work, if, although present in such place, he

refuses, in pursuance of stay-in-strike or for any other cause which is not reasonable in the

circumstances, to carry out his work.

Deduction for 63. (1) A deduction under clause (c) of sub-section (2) of section 61 shall not

damage or loss. exceed the amount of the damage or loss caused to the employer be the neglect or default

of the person employed and shall not be made until the persons employed has been given

an opportunity of showing cause, against the deduction, or otherwise than in accordance

with such procedure as may be prescribed for the making of such deductions.

(2) All such deductions and all realizations thereof shaft be recorded in a re-

gister to be kept by the employer in such forms as may be prescribed.

Deductions for ser- 64. A deduction under clause (d) or clause (e) of sub-section (2) of section 61 shall

vices rendered. not be made from the wages of a person employed uunless the house accommodation.

amenity or service has been accepted by him, as a term of employment or otherwise , and

such deduction shall not exceed an amount equivalent to the value of the house acco-

mmodation, amenity or service supplied and in the case of deduction under the said

clause (e) shall be subject to such conditions as the State Government.

Deductions for re- 65. Deductions under clause (f) of sub-section (2) of section 60 shall be subject to

covery of advances. the following conditions, namely :—

(a) recovery of an advance of money given before employment shall be made

from the first payrnent of wages in respect of a complete wage period, but no recovery shall

be made of such advances given for travelling expenses;

.

15.

(b) recovery of advances of wages not already earned shall be subject to any rules made by the State Government regulating the

extent to which such advances may be given and the instalments by which they may be recovered.

66. Deductions under clauses (j) and (k) of sub-section (2) of section 61 shall be Deductions for payment

fetch conditions as the State Government may impose. merits to co-operative

societies and

insurance schemes.

67. No employer shall dispense with the services of an employee who has been in Notice of termination

his continous employment- of service.

(a) for not less than a year, without giving such persons at least thirty days'

notice in writing, or wages in lieu of such notice.;

(b) for less than a year but more than three months, without giving such

persons at least fourteen days' notice in writing or wages in lieu of such

notice:

Provided that such notice shall not be necessary where the services of such em-

ployees are dispensed with for misconduct.

Expalnation:-For the purposes of this section "misconduct" shall include—

(a) absence from service without notice in writing or without sufficient

reasons for seven days or more;

(b) going on or abetting a strike in contravention of any law for the time

being in force;

(c) causing damage to the property of his employer.

CHAPTER IX

ENFORCEMENT AND PROSECUTION

68. (1) The State Government may, by notification, appoint as many Inspectors Appointment of

for different areas thereof as may be considered necessary. Chief Inspector and

Inspectors

(2) the State Government may, by notification, appoint one of the Inspectors

to be the Chief Inspector for the purposes for this Act who may exercise all the powers of

an Inspector.

69. (1) Subject to any rules made by the State Government in this behalf, an Power and duties

Inspector may,within the local limits for which he is appointed- of the Inspectors

(a) enter, at all the resasonable times and with such assistance as he thinks

fit, any place which is or which he has reason to believe, is an estab-

lishment;

(b) make such examination of the premises and of any prescribed registers,

records and notices and take on the spot or otherwise record statement of

any person, as he may deem necessary, for carrying out the purposes of.

this Act;

(c) exercise such other powers, as may be prescribed or may be necessary

for carrying out the purpose of this Act:

Provided that no one shall be required under this section to answer

any question or give any statement tending to incriminate himself.

(2) For the purpose of investigation of offences under this Act, an Inspector

shall have the same powers as an Officer-in-charge of a police station has under the Code

of Criminal Procedure, 1898 for investigation of cognizable offences except that he 5 of 1898.

shall not have the power of arrest.

70. Every Inspector appointed under the section shall be deemed to be a public Inspector to be public

servant within the meaning of section 21 of the Indian Penal Code. servant.

45 of 1860.

71. No suit prosecution or legal proceedings shall lie against any person for anything Protection of action

which is in good faith done or intended to be done under this Act or rules made thereunder. taken in good faith.

Employer and Mana- 72. Every employer and in his absence the Manager shall, on demand, produce for

ger to produce regis- inspection to an Inspector all registers, records and notices required to be kept under and

ters,record and for the purposes of this Act.

notices for inspec-

tion.

CHAPTER X

OFFENCES AND PENALTIES

Penalties. 73. Save as otherwise provided in this Chapter, whoever being an employer or manager

of an establishment contravenes any of the provisions of this Act or rules made thereunder

shall-

(a) on first conviction, be punished with fine which shall not be less than

fifty rupees and may extend to five hundred rupees; and

(b) for second and subsequent conviction for contravening the same provision

of this Act or rules made thereunder, shall be punished with fine which

shall not be less than one hundred rupees and may extend to one thou-

sand rupees.

False entries by 74. If any employer or manager with intention to deceive, makes , or causes or allows

Employer and to be made, in any register, record or notice prescribed to be maintained under the pro-

Manager. visions of this Act or the rules made thereunder, and entry which, to his knowledge, is

false in any material particular, or wilfully omits, or causes or allows to be omitted,

from any such register, record or notice, an entry which is required to be made therein

under the provisions of this Act or the rules made tereunder or maintains or causes or

allows to be maintained, more than one set of any register, record or notice except the

office copy of such notice, or sends or causes or allowd to be sent, to the Chief Inspector

or Inspector any statement, information or notice prescribed to be sent under the pro-

visions of this Act, or the rules made therunder which to his knowledge is false in any

material particular, he shall, on conviction, be punished with imprisonment not exceeding

six months or with fine which may extend to two thousand rupees, or with both.

Penalty for obstruc- 75. Whoever wilfully obstructs the Chief Inspector or an Inspector in the excercise

ting Inspector. of any power under this Act or rules made thereunder or conceals or prevents any employer

in an establishment from appearing before or being examined by the Chief Inspector or

an Inspector, shall, on conviction, be punished with fine which shall not be less than one

hundred rupees and which may extend to one thousand rupees.

Determination of 76. (1) Where the owner of establishment is a firm or other association of indi-

employer for purposes viduals, any one of the individuals, partners or members thereof, may be prosecuted and

of this Act. punished under this Act for any offences for which an employer of an establishment is

punishable:

Provided that the firm or association may give notice to the Inspector that it has

nominated one of its members who is resident in the State to be the employer for the pur-

poses of this Act and such individual shall, so long as he is so resident, be deemed to be

the employer for the purposes of this Act, until the notice cancelling nomination is re-

ceived by the Inspector or until he seizes to be a partner or member of the firm or association.

(2) Where the owner of an establishment is a company, any one of the direct-

ors thereof, or in the case of a private company any one of the share holders thereof, may

be prosecuted and punished under this Act for any offence for which the employer of the

establishment is punishable:

Provided that the company may give notice to the Inspector that it has nominated

a director, or, in the case of private company, a shareholder who is resident in the State

to be the employer in the establishment for the purposes of this Act, and such director. or

shareholder shall, so long as he is so resident, be deemed to be the employer of the estab-

lishment for the purposes of this Act, until further notice cancelling his nomination is

recieived by the Inspector or until he seizes to be a director or shareholder.

Cognizance of 77. (1) No prosecution under this Act or the rules made thereunder shall be

offences. instituted except by an Inspector.

(2) No court inferior to that of a Magistrate of the first class shall try any

offence under this Act or any rule made thereunder.

17.

(3) Notwithstanding anything contained in any law relating to the criminal

procedure for the time being in force, all offences under this Act or rules made thereunder,

may be tried summarily.

78. No court shall take cognizance of an offence under this Act or any rule or order Limitation of

made thereunder unless complaint thereof is made within six months of the date on which Prosecution.

the alleged commission of the offence first came to the knowledge of an Inspector.

CHAPTER XI

MISCELLANEOUS AND SUPP LEMENTARY

79. Subject to the general or special orders of the State Government every employer Maintenance of

shall maintain such registers and records and display on the premises of his establishment registers or records

such notice as may be prescribed.All registers and records shall be kept on the premises and display of the

of the establishment to which they relate.

80. (1) The State Government may, subject to previous publication, make rules Power to make

to carry out the purposes of this Act. rules.

(2) In particular and without prejudice to the generality of the foregoing

provisions,such rules may be made for all or any of the following matters, namely:-

(a) the appointment of prescribed authority;

(b) the period for which, the conditions subject to which and the

holidays and occasions on which, the operation of the provisions

of this Act may be suspended;

(c) the form of submitting a statement, the fees and other particulars,

the manner in which the registration of establishments is to be

made and the form of registration certificate and the form and the

period for notifying a change and the fees;

(d) fixing six days in a year for additional overtime;

(e) fixing ten days in a year for overtime;

(f) further particulars to be prescribed for an identity card;

(g) fixing times and methods for cleaning the establishments, fixing

standards and methods for ventilation, and prescribing such esta-

blishments as are to be exempted from the provisions of, and,

precaution against fire to be taken in this Act;

(h) the articles which a first-aid box maintained shall contain;

(i) the qualification of Inspectors appointed under this Act and their

powers and duties;

(j) the register and records to be maintained and notices to be dis-

played;

(k) any other matter which is to be or may be prescribed.

81 (1) All the notifications, rules, regulations and orders relating to shops and Repeal and Savings.

establishement in Sikkim in force immediately before the commencement of this Act are

hereby repealed.

(2) Notwithstanding such repeal anything done or any actiontaken under the

notifications ,rules, regulations, orders, on the subject, shall be deemed to have been

done or taken, as far as may be, under the corresponding provisions of this Act.

19


During last few years a large number of shops and commercial establishments have been establishment

in the State of Sikkim and it is expected that their number is likely to increase in the near future.The will re-

sult in the employment of a large number of people.It is'felt that legal provisions are required to protect the

interests of these people. The Sikkim Shops and Commercial Establishment Bill, 1983 provides for the regu-

lation of condition of work and employment in shops, commercial establishments, residential hotels,resturants

eating houses, theatres and other places of amusement or entertainment and other establishments.

The Bill has been framed with the above objects in view.

Samten Tshering,

Minister-in-Charge.


The Bill confers on the State Government power to make rules for giving effect to provisions of the

Bill. The matters in respect of which rules may be made relate, interelia to the appointment of prescribed

authority, the manner of registration and fees for renewal of registration certificate, maintenance of records

etc.

The matters in respect of which rules may be made relate to administrative details and procedure

As such, the delegation of legislative power is normal in character.


Clause 68 of the Bill empowers the State Government to appoint as many Inspectors as it may

consider necessary and to designate one of the Inspectors as the Chief Inspector for the purposes of enforcing

the provisions of this Bill. It is proposed to enforce the provisions of the Bill in the G.M.C. area at the first

instant. For this purpose it may be necessary to have at least Chief Inspector and 2 Inspectors.As an interim

arrangement, it has been proposed that the Under Secretary in the Department be designated as the Chief Ins-

pector and the existing 2 Labour Inspectors as the Inspectors under the Act. As such, no expenditure shall be

involved during the Current Financial Year. However, budget provision shall be made in the subsequent year

for the appointment of other Inspectors and connected officials when the Act is extended to other areas in the

State of Sikkim.

By Order

R.K.GUPTA

Secretary

Sikkim Legislative Assembly

__________________________________________________________________________________________________________

S I K K I M


EXTRAORDINARY


No.36 Gangtok, Monday, March 7,1983.

_________________________________________________________________________________________


GANGTOK

NOTIFICATION

No. SLAS/82-83/1548/204. Dated Gangtok, the 6th March, 1983.

In pursuance of Rule 75 of the Rules of Procedure and Conduct of Business in the

Sikkim Legislative Assembly, the Speaker has been pleased to order the pre-publication of

the following Bill :-

THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS

PROVISIONS) BILL, 1983.

( BILL NO. 3 OF 1983 ).

A

BILL

to provide for exemption from payment of court fees in certain cases in Sikkim

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. (1) This Act may be called the Sikkim Court Fees (Exemption and Short title, extent

miscellaneous Provisions) Act, 1983. and commencement.


(3) It shall come into force at once.

2. In this Act, unless the context otherwise requires,- Definitions.

(a) "court fees" means the cash court fees payable under any law for the

time being in force;

(b) "Court" includes any Tribunal or Authority in the State;

(c) "High Court" means the High Court of Sikkim.

3. Notwithstanding anything contained in any law relating to the payment Certain persons not

of court fees, for the time being in force, no court fee shall be payable by to pay Court fees.

a person whose annual income from all sources does not exceed rupees twenty

five thousand.

4. (1) The High Court shall, as soon as may be, make rules providing for- Power of High Court

to make rules as to

fees payable for ser-

ving processes, etc,

(a) the fees chargeable for serving and excuting processes issued

by such Court in its appellate jurisdiction and by other Civil

and Revenue Courts establishment within the local limits of its

jurisdiction;

2

(b) the fees chargeable for serving and executing processes issued

by Criminal Courts established within its local limit in the case

of offences other than offences for which police officers may

arrest without a warrant;

(c) the remuneration of the persons appointed as process servers

and other persons employed by leave of the High Court in the

service and execution of processes.

(2) The High Court may, from time to time, alter and add to the rules

made under sub-section (1).

(3) All rules, alterations and additions made under this section shall be

confirmed by the State Government and shall be published in the

Official Gazette.

Court fees payable 6. Notwithstanding anything to the contrary contained in any noyification

in cases filed by order, proclamation, bye-law, rules and regulations, court fees shall be

Government. payable in cases filed by or on behalf of the State Government of Sikkim.


The rate of cash court fees payable by a litigant in Sikkim is, at present,high that be-

ing 12 1/2% of the claim. It is, therefore, proposed to exempt persons whose annual income from

all sources does not exceed rupees twenty five thousand from payment of court fees as a mea-

sure of relief to poorer sections of society.

Government is exempted from payment of court fees. The Government does not

consider it proper to discriminate between the Government and the general public in the matters

of payment of court fees and proposes to do away with this discrimination.

The Bill seeks to achieve the above objects.

(ATHUP LEPCHA),

Minister - Law.


NIL

MEMORANDUM REGARDING DELEGATED LEGISLATK

Clause 4 of the Bill empowers the High Court of Sikkim to make rules regarding fees

chargeable for serving and executing processes by the High Court and the Court sub-ordinate

to it. The matters in which the rules are required to be made relate to procedure. As such

delegation of powers to make rules to the High Court is normal in character.

By Order,

R. K. GUPTA

Secretary

________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 37 Gangtok, Thursday, March 10,1983.

_________________________________________________________________________________________


GANGTOK

NOTIFICATION


In pursuance of Rule 75 of the rules of Procedure and Conduct of Business in the


the following Bill:-

THE TASHI NAMGYAL ACADEMY BOARD BILL, 1983.

(BILL NO. 4 OF 1983.)

A

BILL

to provide for the establishment of a Board for managing the affairs ox the school

known as the Tashi Namgyal Academy, Gangtok, and its properties and for matters co-

nnected therewith.

Be it enacted by the Legislative Assembly of the State of Sikkim in the Thirty-

fourth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Tashi Namgyal Academy Board Act 1983. Short title and

commencement.


notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,— Definitions.

(a) "appointed day" means the date of commencement of this Act;

(b) "appointing authority" means the Chairman;

(c) "auditor" means auditor appoitment under section 7 (3);

(d) "Board" means the Tashi Namgyal Academy Board establishment under

section 3;

(e) "Chairman" means the Chairman of the Tashi Namgyal Academy Board;

2

(f) ''Executive Committee" means the Executive Committee constituted under section 13;

(g) "Government" means the State Government of Sikkim;

(h) "Fund" means the Tashi Namgyal Academy Board Fund referred to in

section 9; (i) "prescribed" means prescribed by regulations made by the Board under

section 20;

(j) "President" means President of the Executive Committee;

(k) "School" means Tashi Namgyal Academy;

(1) "Secretary" means Secretary of the Board or the Executive Committee;

as the case may be.

CHAPTER II

Establishment of the Tashi Namgyal Academy Board

Establishment and 3. (1) On and from the appointed day there shall be established a Board to be

incorporation of called the Tashi Namgyal Academy Board.

(2) The Board shall be a body corporate by the name aforesaid, having per-

petual succession and a common seal, with power to acquire, hold and

dispose of property, both movable and immovable, and to contract and

shall by the same name sue and be sued.

(3) The Head office of the Board shall be at Gangtok in the State of Sikkim.

Constitution of the 4. (1) The Board hall consist of the following members, namely :-

Board. (a) Minister for Education, Sikkim State, Chairman;

(b) Chief Secretary to the Government, Vice-Chairman;

(c) Secretary, Education Department of the Government, Member;

(d) Secretary, Finance Department of the Government, Member;

(e) Secretary, Law Department of the Government, Member;

(f) Secretary, Establishment Department of the Government,Member;

(g) Chief Engineer, SPWD (Building), Government of Sikkim Member;

(h) The Principal, Government College, Gangtok, Member;

(i) Representative of parents, Member; (j) Representative of parents, Member;

(k) The Principal of the school.

(2) The Principal of the schooL shall function as the Secretary to the Board

(3) The members specified in clauses (i) and (j) of sub-section (1) shall

be elected in accordance with such procedure as may be prescribed and

shall hold office for a term of five years.

Removal and resig- 5. (1) The Board may, at any time, remove any member if it is proved that such

nation of members. member is guilty of misusing his office for private profit or he is incapable

of discharging his duties as a,member due to mental or physical infirmity.

(2) The Board may remove from office any member other than an ex-offocio

who is absent without leave of the Board from more than three consecutive

meetings thereof without cause sufficient, in the opinion of

the Board, to exonerate his absence;

Provided that no member shall be removed form office under sub-

sections (1) or (2) unless a reasonable opportunity has been given to

him to show cause against such removal.

(3) Any member (other than one who holds office in ex-officio capacity

may resign from office by giving notice in writing to the Chairman and

such resignation being accepted by the Chairman, he shall be deemed

to have vacated his office with effect from the date of his resignation

such other, later, date as may be specified.

6. (1) The Board shall meet once a year in a meeting called Annual Meeting, Proceedings of the

and such Annual Meeting for any year shall be held before the expiry of Board.

three months from the end of the immediately preceding academic

session of the school. The procedure for holding such meeting shall be

such as may be prescribed.

(2) At an Annual Meeting the Board shall consider the Annual Report pre-

sented to it by the Executive Committee, including the audited accounts

and auditor's report relating to the immediately preceding year and pass

the same without notification or pass the same with observations for con-

sideration of the Executive Committee.

(3) In the Annual Meeting the Board shall appoint or reappoint an auditor

as required under Section 7 (3).

(4) In addition to an Annual Meeting the Board may meet as often as is nece-

ssary (such a meeting being called 'Special Meeting') provided that

following conditions are satisfied:—

(i) The proposal to hold any special meeting should originate from

the Executive Committee except where a Special Meeting is

summoned under Section 7 (4) ;

(ii) The agenda for the meeting should be circulated among all members

of the Board at least seven days before the date of the proposed

meeting;

(iii) There should be proper notice of the meeting to all members of

the Board in accordance with procedure prescribed in respect

of Annual Meeting;

(iv) Other procedural regulations regarding a Special Meeting shall

be the same as in the case of an Annual Meeting.

CHAPTER III

Powers and Functions of the Board.

7. (1) The Board shall be the legal owner of the school and all its properties Board as owner and

and the employer of all employees of the school including its Principal. employer.

(2) The Chairman shall be the appointing authority of all employees of the Property transactions

school including its Principal. The Board's prior sanction shall be ob-

tained (in an Annual Meeting or a Special Meeting) by the Executive

Committee before any immovable properties are acquired by outright

purchase or disposed of by way of sale or otherwise, and such acquisitions

and disposals shall be made in the name of the Board.

(3) The Board shall, in its Annual Meeting, appoint an auditor (which term Appointment of

includes a firm of Auditors) who is qualified to audit Company Accounts, auditor.

to audit the accounts of the school for the year in which the Annual

Meeting is held:

Provided that the same auditor shall not be appointed for more

than three consecutive years.

(4) The Board may remove any member of the Executive Committee in a Removal of member

Special Meeting summoned at the instance of the Chairman for proved of Executive

misuse of power and grave infringement of the provisions of this Act and Committe.

the regulations made thereunder, and make such transitory provisions as

it deems fit to remedy the vacancy thus caused.

(5) Any alterations in the structure of the school of the type described below Certain alterations of

shall be within the exclusive competence of the Board, and it may con- school-structure with-

sider them in an Annual Meeting or a Special Meeting:— in exclusive compe-

tence of Board.

(i) Change in the medium of instruction in the school.

(ii) Abolition or addition of class. (Provided that this does not apply

to abolition or addition of a division or section of an existing class).

4

(iii) Change over of the affiliation of the school to any Board, Council or

other body for Examinations to any other Board, Councl or other

body for Examinations.

CHAPTER IV

Finance, Properties and Accounts

Transfer of school 8. (i) On and from the appointed day, the land, buildings, furniture and equip-

property and other ments or any other assets, in which the school is on that day housed or,

properties. as the case may be, which are on that day owned by the school or owned

by the Government, but given over for the use or benefit of the school,

shall stand transferred to, and vest in, the Board.

(2) The Government may, at any time, transfer to the Board, any land, build-

ings or any other property, movable or immovable, either absolutely or on

lease, for use and management by the Board to run the school and comply

with the provisions of this Act.

The TNA Board 9. (1) The Board shall have a fund to be called the Tashi Namgyal Acedamy

Fund Board Fund.

(2) The Board may accept grants, subventions, donations and gifts and loans

from the Government or a local authority or any individual or body,

whether incorporated or not, for all or any of the purposes of this Act,

(3) The Government may, from time to time, make grants to the Board

including grant of part or whole of the amount required to meet the ex-

penditure on establishment of the Board.

(4) All moneys received by or on behalf of the Board, all proceeds of sale of

land or any other property, all rents, betterment charges and all interest,

profits and other moneys accruing to the Board shall be deposited in the

fund of the Board;

Provided that the provisions of this sub-section shall not apply

to the TNA Capital Fund referred to in section 10.

The TNA Capital 10. (1) The Government shall, on the date of commencement of this Act,

as soon thereafter as possible, transfer absolutely a sum of rupees five

lacs which shall form the nucleus of the corpus of a fund to be created

and known as the TNA Capital Fund, the income from which is to be

exclusively used for purpose of acquisition of new capital assets (moveable

or immovable) and the maintenance of the land and buildings of the school

The Government may, through periodical grants enhance the corpus of

the said Fund to such limit as it may deem fit.

(2) The Government may, in respect of the Fund referred to in sub-section

(1), lay down such rules regarding the custody and management of the

said Fund as it deems fit, and such restrictions and stipulations as it deems

fit to ensure that the corpus of the Fund is preserved and the income

therefrom is utilised only for the purposes stated in the said sub-section

Application of the 11. All property, fund and all other assets vested in the Board shall be held and

Fund. applied by it subject to the provisions and for the purpose of this Act.

Power of Execution 12. (1) Subject to the provisions of Section 7 (2), all transaction in money and

Committee to nego- property covered in this Chapter shall be entered into and carried out

tiate regarding by the Executive Committee on behalf of the Board and it shall have

transactions. power to enter into and carry out such transaction without prior re-

ference to the Board;

Provided that —

(a) all such transaction are within the competence of the Board; and

(b) all such transactions are reported to the Board in the immediately

following Annual Meeting.

5

(2) The Executive Committee may open such accounts, in such banks, as it Executive Committee

deems fit, to deposit and operate the moneys belonging to the Board's to operate Bank

Fund referred to in Section 9 and any other funds and moneys belonging Accounts.

to the Board, including the TNA Capital Fund referred to in Section

10 (1) (Subject to the restrictions and stipulations, if any, made by the

Government regarding the said fund), and may operate such accounts on

behalf of the Board at its discretion for the benefit of the school and the

Board and for giving effect to the provisions of this Act.

(3) Subject to the powers and functions assigned by it to him, the Executive Powers may be dele-

Committee may delegate, from time to time, through written orders, gated to the

any or all, part or whole, of its powers stated in sub-sections (1) and (2) Secretary.

above to the Secretary.

(4) (a) The Executive Committee shall ensure that proper accounts are Accounts and audit.

maintained in respect of all financial transactions of the Board,

and that the auditor is enabled to audit all such accounts

effectively and in proper time.

(b) The Executive Committee may also cause internal audit to be

conducted as and when it deems fit.

CHAPTER V

Executive Committee

13. (1) Every year, at its Annual Meeting, the Board shall constitute an Execu- Executive Committee

tive Committee consisting of persons referred to in sub-section (3), in to be constituted

order to carry out the purposes of this Act and run the School on behalf every year.

of the Board. .

(2) The tenure of the Executive Committee shall be only for the period start- Tenure.

ing with the date of its constitution and ending with the date of the cons-

titution of the next year's Executive Committee in the next Annual

Meeting.

(3) Subject to sub-section (4) the Executive Committee shall consist of Constitution.

five members, one of whom shall be named as its President, who shall

be an ex-officio member of the Board (other than the Principal/Secretary)

and the remaining members of which shall consist of another ex-officio

member of the Board (other than the Principal/Secretary), the Principal

(who shall be named its Secretary), and two experts in the field of educa-

tion to be nominated as hereinafter provided, who may or not be members

of the Board.

(4) Notwithstanding the provisions of Sub-Section (3), the Chairman may Nominating of

nominate not more than two additional members of his choice to function member.

as members of the Executive Committee as and when he considers it

necessary.

(5) One of the experts in the field of education nominated as members of the Experts in field

Executive Committee shall be the Principal/Headmaster of any residential of Education.

public school of good standing located in Sikkim or Northern Bengal, and

the other shall be an educationist of high standing who normally resides

or works in any part of North Eastern India, including the State of West

Bengal.

(6) The initial constitution of the Executive Committee in the year in which Initial Constitution.

this Act comes into force shall be the following:—

(i) Secretary, Department of Education, Government of Sikkim;

President;

(ii) Secretary, Department of Finance, Government of Sikkim;

(iii) Secretary, Establishment Department,

(iv) Two experts in the field of education to be nominated by the

Chairman;

6

(v) The Principal, who shall be the Secretary of the Executive Com-

mittee.

Member in ex-officio (7) The members of the Executive Committee (other than the two experts in

capacity. the field of education) shall hold office only in an ex-officio capacity, and

shall cease to be members once they cease to be member of the Board.

Existing Executive (8) If no new Executive Committee is constituted, or there is delay in the

Committee to conti- constitution, the existing Executive Committee shall continue to func-

nue in certain cases. tion till a new Executive Committee is constituted.

Chairman to issue (9) The Chairman shall issue all orders, on behalf of the Board, constituting

orders the Executive Committee.

Constitutive Commi- 14. (1) The President may constitute a Consultative Committee consisting of two

ttee. representatives of the members of the teaching staff of the school and

two representatives of the parents or guardians of the students of

the School.

(2) The nomination of these representatives and their tenure shall be as may

be prescribed.

(3) The members of the Consultative Committee shall have right only to

attend the meetings of the Executive Committee if and which inivited

to do so, and to tender their advice or express their views but shall have

no right to vote. They also shall have right to attend only those parts

of the proceedings in which the President has invited them to sit through

(4) Nothing contained in this Act shall bar the President from seeking the

advice from experts in the field of education, law etc, and allowing them

to take part in the proceedings of the Executive Committee, but they shall

have no right to vote.

Procedure to fill in 15. If any vacancy arises in the Executive Committee due to resignation, death or

vacancy of nomina- such other causes of a nominated member of the Executive Committee, the Chair-

ted member. man shall, in consultation with the remaining members of the Executive Committee

fill in the vacancy, and such new member shall be in office till the term of the said

Executive Committee expires.

Procedure for the 16. (1) The Executive Committee shall meet as often as required by exigencies,

meeting of the provided that there shall be not less than four meetings in a year.

Executive Committee. (2) At least ten day's notice shall be given to all members of the Executive

Committee and the Agenda shall be circulated among them at least seven

days in advance of the meeting;

Provided that in fit cases the above time limits may be reduced

at the discretion of the President.

(3) The quorum shall be a majority of the members.

(4) Other rules of procedure of the meetings shall be such as may be prescribed.

CHAPTER VI

Powers and Functions of the Executive Committee

Powers and Functions 17. The Executive Committee shall have the following powers, functions

in addition to those and duties, and these shall be in addition to these enumerated in section

enumerated in Section

12.

Review and Advice (a) To review and advice in the proper care, upkeep and administration of the

on several matters school, its staff, finances, land, buildings, furniture and equipment and

concerning school. maintenance of necessary records and accounts.

Sub-Committee for (b) Every appointment, termination of service, dismissal, retirement, exten-

appointment ect. sion of service or re-employment of any of the employees of the school

other than its Principal, and every case of disciplinary action against any

such employee where, according to the relevant service rules, the maxi-

mum punishment involves dismissal or compulsory retirement, shall be

considered and decided by a Sub-Committee consisting of the President.

Secretary, Establishment Department of the Government and Principal

Secretary which shall make recommandations to the Chairman.

7.

(c) (i) The Principal and the Vice-Principal of the school shall be Appointment of

appointed by the Board. Principal etc.

(ii) All matters regarding the service of the Principal including any

disciplinary proceedings against him and his dismissal, discharge,

extension of service etc, shall be considered and decided by the

Board.

(d) To frame service rules governing the Principal and staff of the school: Service rules.

Provided that when such rules are framed for the first time they

shall be placed before the first Annual Meeting of the Board taking place

after that, and any amendments in those rules made in any year shall be

reported in the Annual Report submitted to the immediately following

Annual Meeting.

(e) To sanction or refuse to sanction any leave (with or without pay) of more

than three months or any extension of such leave beyond three months.

(f) To sanction or refuse to sanction any study leave ( with or without pay ).

(g) To set scales for all salary and allowances, as may be necessary from tim to

time.

(h) To sanction new posts or abolish existing posts or upgrade existing posts.

(i) To sanction expenditure on major repairs and purchase of furniture and

equipment beyond the powers delegated by the Executive Committee

to the Principal.

(j) To negotiate and carry through all transactions relating to property

on behalf of the Board.

(k) To approach and negotiate with Government or any local authority or

any individual or body, whether incorporated or not, for grants, sub-

ventions, donations and gifts and loans on behalf of the Board.

(l) To sanction opening of bank accounts by the Principal/Secretary and

prescribe procedure for operation of such bank accounts.

(m) To consider the yearly budgets, supplementary budgets and revised

estimates submitted by the Principal and pass such budgets and estimates.

(n) To define the powers and functions of the Principal delegate to him

any of the powers vested in it under this Act and regulations made

thereunder and to amend these from time to time.

CHAPTER VII

Powers, Functions and Duties of the Principal.

18. (1) The Principal shall be the ex-officio Secretary both of the Board and the Powers, Functions

Executive Committee. and Duties of the

Principal

(2) It shall be the duty of the Principal, in his capacity as Secretary, to

convene meetings of the Board and the Executive Committee, to record

their proceedings circulate the minutes and keep records of the

Board and Executive Committee.

(3) (i) He shall be in overall charge of the School, exercising imme-

diate control and supervision of all staff, and all powers not

specifically reserved for the Executive Committee or the Board

elsewhere in this Act shall be exercised by him on behalf of the

Executive Committee and the Borard.

(ii) In particular, he shall be, subject to the powers and functions

delegated to him by the Executive Committee, responsible for

the planning and execution of the academic and co-curricular

activities of the school and discipline among staff and

students.

(4) The Principal shall have power to incur expenditure upto such extent

as may be determined by the Executive Committee from time to time.

8.

CHAPTER VIII

Miscellaneous

Removal of difficult- 19. If any difficulty arises in giving effect to any of the provisions of this

ties. Act, the Government may, by order, remove such difficulty.

Power of Board to 20. (1) The Board may, from time to time, make regulations consistent with this

Act;

(2) In particular, and without prejudice to the generality of the foregoing

provision, such regulations nay be made on the following matters, namely:-

(a) procedure for election of members referred to in clauses (i) and (ii)

of section 4;

(b) procedure for holding meeting of the Board;

(c) nomination and tenure of members of Consultative Committees referred to in section 94;

(d) rules and procedure of the meetings of the Executive Committee other

than those enumerated in sub-sections (1) to (3) of section 16;

(e) procedure for prefering appeals to Executive Committee by members of

staff of the school;

(f) any other matter which has to be, or may be, prescribed.

(3) Till such time as regulations regarding service terms of the school em-

ployees and finance and money matters are made under the provisions

of this Act, the corresponding rules of the Government may be followed

or followed to the extent the circumstances permit:

Provided that this is without prejudice to any provisions already incor-

porated in this Act relating to such matters.

Procedure regarding 21. All decisions may be made, and resolutions passed, by the Board and the

resolution etc. Executive Committee as far as possible unanimously, and where there

is disagreement, a simple mojority of members present and voting shall

decide the issue. In case of equality of votes, the Presiding officers shall

have a second and casting vote.

Member of Board A member of the Board or Executive Committe who has any director

or Committees not indirect pecuniary interest in any matter coming up for consideration

to vote in certain at a meeting of the Board or Executive Committee shall as soon as possi-

cases. ble after relevant circumstances have come to his knowledge, disclose the

nature of his interest at such meeting, and the disclosur shall be

recorded in the minutes of the Board or Executive Committee, as the

case may be, and the member shall not take any part in any deliberation

or decision of the Board or Executive Committee with respect to the

matter.

Acts or Proceeding No act or proceeding of the Board or the Executive Commi-

Board and Executive 23. ttee shall be invalidated merely by reason of :—

Committee not to be (a) any vacancy in, or any defect in, the constitution of the Board

invalidated. or Executive Committee;

(b) any defect in the appointment of a person acting as a member

of the Board or Executive Committee; or

(c) any irregularity in the procedure of the Board or Executive

Committee not affecting the merits of the case.

Repeal. 24. On and from the appointed day , any law, proclamation, order, rules

Regulations or notifications in relation to the Tashi Namgyal Academy,

Gangtok, shall stand repealed.

9


The Tashi Namgyal Academy was created in 1958 by a proclamation made by the then Chogyal.

The Academy,is at paesent, being managed by a Board of Governors which mainly consists of public servants.

The Hon'ble Chief Minister presides over the meetings of the Board. The proclamation of 1958 continues to

govern Tashi Namgyal Academy except for a few changes concerning the membership etc, of the Board of

Governors. The Government thinks it necessary to create an autonomous Board for the ownership and

management of the affairs of the Tashi Namgyal Academy.

2. The Bill seeks to achieve the above object.

Gangtok, ( T.R. SHARMA ),

the 28th February, 1983. MINISTER-IN-CHARGE OF

EDUCATION.


Clause 9 of the Bill provides for establishment of the Tashi Namgyal Academy Board Fund. The

said clause also makes a provision for giving of grants to the Board by the Government for meeting the expendi-

ture on the establishment charges of the Board.

Clause 10 of the Bill provides for the creation of Tashi Namgyal Academy Fund to which the

State Government is required to make absolute transfer initially of sum of rupees five lacs which may be en-

hanced later on to such limit as the Government may deem fit.

It is not possible at this stage to give an accurate estimate of the amounts of the grants and sub-

ventions which the Government may have to give to the Board. It is, however, estimated that a sum of

rupees twelve lacs may have to be given to the Board by way of grant. This will be in the nature of recurring

expenditure.


Clause 20 of the Bill confers power upon the Tashi Namgyal Academy Board to make regulation for the

purpose of giving effect to the provisions of the Bill. Among other things, the Board may make regulation

regarding procedure for election of members referred to in clauses (h), (i) and (j) of section 4, nomination

and tenure of members of consultative committee and fees and allowances payable to members for attending

meeting of Board, etc. The matters on which regulations may be made pertain to procedure and adminis-

trative detail. As such, the delegation of legislative power is of a normal character.

By Order,

R. K. GUPTA,

Secretary.

__________________________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNMENT PRESS

S I K K I M


EXTRAORDINARY


No. 38 Gangtok, Monday, March 14, 1983.

____________________________________________________________________________________________


GANGTOK

NOTIFICATION

No. SLAS/82-83/204/1668. Dated Gangtok, the 14th March, 1983

GOVERNOR'S RECOMMENDATION UNDER ARTICLE 207 (3)

OF THE CONSTITUTION OF INDIA

The Governor having been informed of the subject matter of the Tashi Namgyal

Acedemy Board Bill, 1983, to provide for the establishment of a Board for managing the

affairs of the school known as the Tashi Namgyal Academy, Gangtok, and its properties and

for matters connected therewith, has recommended under clause (3) of article 207 of the

Constitution of India, the introduction and consideration by the Sikkim Legislative Assembly

of the said Bill.

By Order,

R.K. GUPTA,

Secretary.

_______________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_________________________________________________________________________________________


HOME DEPARTMENT

No.30(3)Home/82. Dated Gangtok, the 1st March, 1983.

NOTIFICATION

In exercise of the powers conferred by Section 12 of the Code of Criminal Procedure,

1898 the State Government hereby appoints the following officers to be Magistrates of the First

Class for the period from 3rd March, 1983 till the completion of Central Board of Secondary

Education Final Examinations, 1983, to be exercised in the district indicated their names:—

Sl No. Name Designation District

1. Shri B.K. Kharel Settlement Officer, Forest Department East

2. Shri R.P. Chingapa, Assistant Director, Tourisn Department East

3. Shri T.P. Basnet, Under Secretary Law Department East

4. All D.D. Ms, D.D. Os and Revenue Officers in their respective district where they are

posted.

These officers shall report at once to the respective District Magistrate.

By Order

J. T. DENSAPA,

Home Secretary,


_____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 40 Gangtok, Monday, March 14,1983.

_________________________________________________________________________________________



Dated Gangtok, the 3rd March, 1983.

The following Order No. 100/SKM-LA/1/83, dated the 22nd February, 1983 of Elec-

tion Commission of India, New Delhi is hereby published for general information.

ORDER

A vacancy occurred in the Sikkim Legislative Assembly from 26-Rakdong Tintek (BL)

constituency due to the resignation of Shri Dugo Bhutia on 23rd September, 1982. The

Commission's notification calling upon the constituency is being issued on the 24th February,

1983,with the date of poll on the 27th March, 1983.

As the time available to the Commission for the revision of electoral roll with refe-

rence to 1st January, 1983 as the qualifying date is not sufficient and as the electoral roll of this

constituency was summarily revised in 1982 with reference to 1st January, 1982 as the quali-

fying, the Commission under section 21 (2)(ii) of the Representation of the People Act,

1950,directs that the revision of electoral roll of 26-Rakdong Tintek (BL) assembly constituency

shall not be undertaken before the bye-election to the State Legislative Assembly for which pro-

cess will commence on the 24th February, 1983.

Sd/- R.K. TRIVEDI,

Chief Election Commissioner of India.

H. R. GUPTA,

Deputy Chief Electoral Officer, Sikkim.

____________________________________________________________________________________________

PRINTEDAT THE SIKKIM GOVERNMENT PRESS.

S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y _________________________________________________________________________

No. 41 Gangtok, Monday March 14, 1983.

________________________________________________________________________________________


HOME DEPARTMENT

THE SIKKIM LEGISLATIVE ASSEMBLY SECRETARIAT

(Recruitment and Conditions of Service) Rules, 1983).

No. 38(15)Home/83. Dated: 9.3.1983.

In exercise of the powers conferred by clause (3) of article 187 of the Constitution, the Governor

of Sikkim after consultation with the Speaker of the Sikkim Legislative Assembly, hereby makes the following

rules for regulating the recruitment and conditions of service of persons appointed to the Secretariat staff

of Sikkim Legislative Assembly, namely :—

1. Short title and commencement

(1) These rules may be called the Sikkim Legislative Assembly Secretariat/(Recruitment

and Conditions of Service) Rules, 1983.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions :—

In these rules, unless the context otherwise requires;

(a) "Assembly" means the Sikkim Legislative Assembly.

(b) "Chief Minister" means the Chief Minister of Sikkim.

(c) "Competitive examination" means written and viva-voce tests conducted by a Com-

mittee constituted by the Speaker in consultation with the Chief Minister;

(d) "Constitution" means the Constitution of India.

(e) "Deputation" means the temporary loan of Services of any officer from outside the

Secretariat;

(f) Governor' means the Governor of Sikkim;

(g) " Officer" includes gazetted and non-gazetted staff of the Secretariat;

(h) "Schedule" means the Schedule appended to these rules;

(i) “Secretary' means the Secretary of Sikkim Legislative Assembly and includes any per-

son discharging the duties and functions of the Secretary for the time being;

(j) "Secretariat" means the Sikkim Legislative Assembly Secretariat;

(k) "Speaker" means the Speaker of Sikkim Legislative Assembly;

(l) "State Government " means the State Government of Sikkim.

2

3. Composition of Assembly Secretariat - The Secretariat shall consist of—

(a) posts existing at the commencement of these rules as specified in the schedule; and

(b) such additional posts as the Speaker may from time to time sanction after cons

with the State Government;

Provided that such consultation shall not be necessary for creation of tem-

porary posts for periods not exceeding six months.

4. Methods of Recruitment :— (1) Recruitment to a post or class of posts may be made by any one of the following

methods, namely:—

(a) by promotion from among persons employed in the Secretariat; or

(b) by transfer on deputation of a person or persons serving outside the Secretariat in

connection with the affairs of the State or of a State or the Union or

(c) by direct recruitment after holding competative examination, where necessary.

Note. In respect of persons proposed for direct recruitments/ appointments and promotion,

the guide line issued from time to time by the State Government shall be adhered to.

(2) The Speaker may, from time to time , by order:-

(a) specify the method or methods by which a post or class of posts may be filled;

(b) determine the proportion of vacancies to be filled by each method;

(c) in case of recruitment by promotion specify the conditions subject to which a class

of persons shall be eligible for such promotion;

(d) prescribe the qualifications for direct recruitment or promotion to any post or class

of posts.

5. Appointing Authority :—

(1) Appointment to the post of Secretary shall be made by the Speaker in consultation

with the Chief Minister.

(2) All other appointments in the Secretariat shall be made by the Speaker.

Probvided that the Speaker may, by general or special order, delegate to the Secretary

or any other officer his powers to make appointments to any post or class of posts other than

gazetted posts.

6. Probation - All persons appointed by direct recruitment or promotions shall be on pro-bation for a period of

one year provided that the Speaker or Secetary or any other officers to whom power is delegated under Rule 5, may by order,

extend the period of probation in the case of any person appointed to any post specified in such order.

7. Pay and other conditions of service.

(1) The Speaker may, after consultation with the State Government pass orders regar-

ding the pay, pension, gratuity and other conditions of service of officer shall be

Secretariat.

(2) In all matters regulating the conditions of service of the officers of the Seretariat for

which no provision or insufficient provision has been made such officers shall be

governed by such rules or orders as are applicable to the officers in corresponding

posts in the Secretariat of the State Government.

8. Superintendence and Disciplinary Control — All officers in the Secretariat shall

be subject to the superintendence and disciplinary control of the Speaker.

Provided that the Speaker may, by general or special order delegate to the Secretary

any of his powers in this regard.

9. Conduct, Discipline and Appeal — The Conduct, Discipline and Appeal Rule of

the State Government in force from time to time shall be applicable to an officer of the

Secretariat subject to rule 10.

3

10. Punishing Authority — Subject to the provision of article 311 of the Constitution,

the Speaker shall have power to impose any penalties in pursuance of rule 9 on any officer

of the Secretariat:

Provided that the Speaker may, by general or special order, delegate to the Secretary

or any other officer the powers to impose any penalties on any officer other than a gazetted

officer of the Secretariat.

Appeal (1) Every officer shall have a right to appeal to the Speaker against any order

passed originally by him or by the Secretary imposing or confirming any penalty imposed in

pursuance of rule 9.

(2) The order of the Speaker, whether passed originally or an appeal, shall be

final:

Provided that the Speaker may, of his own motion or on application revise any

orders passed by him under this rule.

(3) The period within which an appeal may be submitted, the authority to which

an ppeal against an order of suspension may be submitted and all matters incidental thereto,

shall be such as may be specified by the Speaker.

Leave — (1) The leave rules of the State Government shall be applicable to officers

of the Secretariat.

(2) The Speaker in respect of the Secretary and the Secretary in respect of the officers

of the Secretariat may sanction leave admissible at their discretion.

Residuary Power— Subject to the provisions of the rule 7 all matters not specifically

provided for in these rules, whether incidental or ancillary to he provisions of these rules

or otherwise shall be regulated in accordance with such order as the Speaker may form time

to time, make after consultation with the State Government.

Interpretation— If any question arises in relation to the interpretation of the provisions

of these rules and orders made thereunder, it shall be decideed by he Speaker with prior

consultation of the State Government.

Saving - Any order issued, any appointments made, anything done and any action taken

shall be deemed to have been issued, made, done or taken under the corresponding

provisions of these rules and shall continue in force until altered or cancelled.

Relaxation, alteration or augmentation - "Where the Speaker is of the opinion

that it is necessary or expedient so to do, he may by order, for reasons to be recorded in

writing and in consultation with the Governor, relax or alter any of the provisions of these

rules''.

By order,

M. P. PRADHAN,

Chief Secretary,


______________________________________________________________________________________________________________

PRINTED AT THE SIKKIMGOVERNMENT PRESS, GANGTOK.

4

SCHEDULE


(See rule 3).

Statement of posts existing at the commencement of these Rules.

Sl.No. Designation No. of post

GAZETTED 1. Secretary — 1

2. Deputy Secretary — 1

3. Under Secretary — 2

4. Committee Officer — 1

5. P. S. to Speaker — 1

6. P. S. to Deputy Speaker — 1

7. Superintendent MLA Hostel — 1

NON GAZETTED CLASS II & III

8. Office Superintendent — 1

9. Asst. Superintendent MLA Hostel — 1

10. Translator Tibetan — 1

11. Translator Lepcha — 1

12. Translator Nepali _ 1+1

13. Librarian — 1

14. Steno to Secretary — 1

15. Operator — 1

16. Stenographer — 1

17. Nepali Steno (Against the post of Reporter) — 1

18. Upper Division Clerk — 1

19. Senior Accounts Clerk — 1

20. Lower Division Clerk — 3

21. Record Keeper cum LDC — 1

22. Table Assistant — 1

23. Store Keeper Cum-typist(Hostel) — 1

24. Proof Reader — 1

25. Receptionist-cum-PBX-Operator (MLA Hostel) — 2

26. Driver — 4

NON GAZETTED CLASS IV

27. Chowkidar-cum-Mali — 1

28. Chowkidars (MLA Hostel) — 2

29. Peon (6 for Sectt. 1for MLA Hostel) — 7

30. Room Attendants (MLA Hostel) — 2

31. Sweeper (1 for MLA Hostel and 1 for Secretairat) — 2

32. Cook — 1

33. Masalchi — 1

___________

50

______________

S I K K I M


EXTRAORDINARY



________________________________________________________________________________________


LAW DEPARTMENT

Notification No. II/LD/RC/1983.

Dated Gangtok, the 7th March, 1983.

The following Act of the Parliament having received the assent of the President and

published in the Gazette of India, Extraordinary, Part II, Section I, is hereby republished for


THE ANTI-HIJACKING ACT, 1982

(ACT N0.65 OF 1982)

AN

ACT

to give effect to the Convention for the Suppression of Unlawful Seizure of

Aircraft and for matters connected therewith.

WHEREAS a Convention for the Suppression of Unlawful Seizure of Aircraft was, on

the 16th day of December, 1970, signed at The Hague.;

AND WHEREAS it is expedient that India should accede to the said Convention

and make provisions for giving effect thereto and for matters connected therewith.

BE it enacted by Parliament in the Thirty-third Year of the Republic of India as

follows:-

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Anti-Hijacking Act, 1982. Short title, extent,

application and com-

(2) It extends to the whole of India and save as otherwise provided in this mencement.

Act, it applies also to any offence thereunder committed outside India by any person.

(3) It shall come into force on such date as the Central Government may, by


Definations. 2. In this Act, unless the context otherwise requires,—

(a) "aircraft'' means many aircraft, whether or not registered in India, other

than a military aircraft or an aircraft used in customs or police service;

(b) "aircraft registered in India" means an aircraft which is for the time

being registered in India;

(c) "Convention country" means a country in which the Hague Convention

is for the time being in force; (d) "Hague Convention" means the Convention for the Suppression of Un-

lawful Seizure of Aircraft signed at The Hague on the 16th day of December, 1970;

(e) "military aircraft" means an aircraft of the naval, military, air force or any

other armed forces of any country and includes every aircraft commanded for the time being

by a person in any such force detailed for the purpose.

CHAPTER II

HIJACKING AND CONNECTED OFFENCES

Hijacking. 3. (1) Whoever on board an aircraft in flight, unlawfully, by force or threat of

force or by any other form of intimidation, seizes or exercises control of that aircraft

commits the offence of hijacking of such aircraft.

(2) Whoever attempsts to commit any of the acts referred to in sub-section

(1) in relation to any aircraft, or abets the commisision of any such act, shall also be deemed

to have committed the offence of hijacking of such aircraft.

(3) For the purpose of this section, an aircraft shall be deemed to be in flight

at any time from the moment when all its external doors are closed following embarkation

until the coment when any such door is opened for disembarkation, and in the case of

forced landing, the flight shall be deemed to continue until the competent authorities of

the country in which such forced landing takes place take over the responsibility for the

aircraft and for persons and property on board.

Punishment for 4 Whoever commits the offence of hijacking shall be punished with imprisonment

for life and shall also be liable to fine.

Punishment for 5. Whoever, being a person committing the offence of hijacking of an aircraft,

acts of violence commits, in connection with such offence, any act of violence against any passenger

with hijacking or member of the crew such aircraft, shall be punished with the same punishment with

which he would have been punishable under any law or the time being in force in the

if such act had been committed in India.

Jurisdiction. 6. (1) Subject to the provisions of sub-section (2), where an offence under

section 4 or section 5 is committed outside India, the person committing such offence

may be dealt with in respect thereof as if such offence has been committed at at any place

within India at which he may be found.

(2) No court shall take cognizance of an offence punishable under section

4 or section 5 which is committed outside India unless—

(a) such offence is committed on board an aircraft registered in India;

(b) such offence is committed on board an aircraft which is for the

time being leased without crew to a lessee who has his principal place of business or where

he has no such place or business, his permanent residence in India; or

(c) the alleged offender is a citizen of India or is on board the aircraft

in relation to which such offence is committed when it lands in India or is found in India;

CHAPTER III

MISCELLANEOUS

Provisions as to 7. (1) The offences under section 4 and section 5 shall be deemed to have been

extradition. included as extraditable offences and provided for in all the extradition treaties made by

India with Convention countries and which extend to, and are binding on, India on the date

of commencement of this Act.

3

(2) For the purposes of the application of the Extradition Act, 1962 to offences 34 of 1962.

under this Act, any aircraft registered in a Convention country shall, at any time while

that aircraft is in flight, be deemed to be within the jurisdiction of that country, whether

or not it is for the time being also within the jurisdiction of any other country.

8. The Central Government may, by notification in the Official Gazette, certify Contracting Parties

as to who are the contracting parties to the Hague Convention and to what extent they to Convention.

have availed themselves of the provisions of the Convention, and any such notification shall

be conclusive evidence of the matters certified therein.

9. If the Central Government is satisfied that the requirements of Article 5 of the Power to treat cer-

Hague Convention have been satisfied in relation to any aircraft, it may, by notification tain aircraft to be

in the Official Gazette, direct that such aircraft shall, for the purposes of this Act, be registered in Conven-

treated as registered in such Convention country as may be specified in the notification. tion countries.

10. No prosecution for an offence under this Act shall be instituted except with the Previous sanction

previous sanction of the Central Government. necessary for

prosecution.

11. (1) No suit, prosecution or other legal proceeding shall lie against any person Protection of action

for anything which is in good faith done or intended to be done in pursuance of the pro- taken in good faith

visions of this Act.

(2) No suit or other legal proceeding shall lie against the Central Government

for any damage caused or likely to be caused for anything which is in good faith done or

intended to be done in pursuance of the provisions of this Act.

By Order,

GIANI ZAIL SINGH,

President.

________________

R.V.S. PERI SASTRI;

Secretary to the Govt, of India.

B.R. PRADHAN,

Secretary to the Government of Sikkim,

Law Department.

F.No. 11(256)LD/82.

______________________________________________________________________________________________________

PRINTED AT THE JSIKKIM GOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY


No. 43 Gangtok, Thursday, March 17, 1983.

_________________________________________________________________________________________


GANGTOK

NOTIFICATION


In pursuance of Rule 75 of the rules of Procedure and Conduct of Business in the



THE SIKKIM APPROPRIATION BILL, 1983.

BILL NO. 5 OF 1983.

A

BILL

to authorise payment and appropriation of certain further sum from and out of the Consolidated Fund

of the State of Sikkim for the services of the Financial year, 1982-83.

BE it enacted by the Legislature of the State of Sikkim in the Thirty-fourth

year of the Republic of India as follows:

Short title 1. This Act may be called the Sikkim Appropriation Act, 1983.

Issue of 2. From and out of the Consolidated Fund of the State of Sikkim there may be

Rs. 5,33,84,000 out paid and applied sum not exceeding that specified in column 3 of the Schedule

of the Consolidated amounting to five crores thirty three lakhs eighty four thousands of Rupees

Fund of the State towards defraying the charges which will come in course for payment

of Sikkim for the during the financial year-1982-83 in respect of the services specified in

Financial year column 2 of the Schedule.

Appropriation. 3. The sum authorised to be paid and applied from and out of the Consolidated

Fund of the State of Sikkim by this Act shall be appropriated for the services

and purposes expressed in the Schedule in relation to the said year.

2

SCHEDULE

( See Sections 2 & 3 )

_____________________________________________________________________________________________________________

1 2 3

_____________________________________________________________________________________________________________

No. SERVICE AND PURPOSES . SUMS NOT EXCEEDING

of Voted by the Charged on Total

Vote Legislative Assembly the Consolidateted

Fund

(In thousands of Rupees)

_____________________________________________________________________________________________________________

1. State Legislature Revenue 350 - 350

Appropriation-Governor Revenue — 652 652

2. Cabinet Revenue 1382 — 1382

3. Agriculture Revenue 470 — 470

4. Animal Husbandry Revenue 384 — 384

Captial 1900 — 1900

5. Co-operation Revenue 50 — 50

7. Education Revenue 9207 — 9207

Capital 200 — 200

8. Establishment Department Revenue 77 — 77

9. Excise (Abkari) Revenue 227 — 227

10. Finance Department Revenue 333 — 333

11. Income Tax & Sales Tax Revenue 114 — 114

12. Other Expenditure of the Finance

Department Revenue 505 1425 1930

Capital 12 1329 1341

13. Food and Civil Supplies Revenue 235 — 235

14. Forest & Soil Conservation Revenue 3099 — 3099

15. Fisheries and Wild Life Revenue 410 — 410

16. Home Department Revenue 1601 80 1681

17. Administration of Justice Revenue 480 179 659

18. Police Revenue 1997 — 1997

20. Government Institute of

Cottage Industries Revenue 45 — 45

23. Land Revenue Revenue 3072 — 3072

24. Law Department Revenue 24 — 24

25. Local Self Government Revenue 80 — 80

Capital 550 — 550

26. Medical and Public Health Revenue 5194 — 5194

27. Motor Vehicles Revenue 167 — 167

29. Power Revenue 3513 — 3513

30. Press, Information & Public

Relations Revenue 76 — 76

32. Roads, and Bridges Revenue 775 — 775

33. Public Works and Water Supply Revenue 770 — 770

34. Rural Development Revenue 8147 — 8147

36. Sikkim Nationalised Transport Revenue 4175 ---- 4175

37. Tourism Revenue 98 ---- 98

_______________________________________________________

Total 49719 3665 53384

_______________________________________________________

3


This Bill is introduced in pursuance of Article 204(1) of the Constitution of India, read with

Article 205 thereof to provide for the appropriation out of the Consolidated Fund of the State of Sikkim of

the money required to meet the expenditure charged on the Consolidated Fund of the State of Sikkim and

the Supplementary Grants made by the Legislative Assembly for expenditure of the Government of Sikkim for

the financial year 1982-83.

N. B. BHANDARI,

Chief Minister

& Minister-In-Charge,

Department of Finance.

By Order,

R. K. GUPTA,

Secretary.

_______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 44 Gangtok, Thursday March 17, 1983.

__________________________________________________________________________________________


GANGTOK

NOTIFICATION




following Bill :-

THE SIKKIM APPROPRIATION BILL, 1983.

BILL NO. 6 OF 1983.

A

BILL

to authorise payment and appropriation of certain sum from and out of the Consolidated Fund of the

State of Sikkim for the services of the Financial year, 1983-84.

BE it enacted by the Legislature of the State of Sikkim in the Thirty-fourth year of the Republic

of India as follows:-



Rs. 58, 77,45,000 out paid and applied sums not exceeding those specified in column 3 of the

of the Consolidated Schedule amounting to the sum of fifty eight crores seventy seven lakhs and

Fund of the State forty five thousands of rupees towards defraying the several charges which

of Sikkim for the will come in course for payment during the financial year 1983-84, in res-

Financial year pect of the services specified in column 2 of the Schedule.

1983-84.

Appropriation. 3. The sums authorised to be paid and applied from and out of the Consolidated

Fund of the, State of Sikkim by this Act shall be appropriated for the services


2.

SCHEDULE

(See Section 2 & 3)

__________________________________________________________________________________________________________

1. 2. 3.

__________________________________________________________________________________________________________

No. SERVICE & PURPOSES SUMS NOT EXCEEDING

of Voted by the Charged on Total

Vote Legislative Consolidated

Assembly Fund


__________________________________________________________________________________________________________

1. State Legislature Revenue 1645 60 1705

Capital 9 — 9


Capital 7 — 7


Capital 15 — 15


Capital 3090 — 3090


Capital 1850 — 1850


Capital 1520 — 1520

6. Ecclesiastical Deptt. Revenue 1167 — 1167

Capital 6 — 6


Capital 7052 — 7052


Capital 7 — 7


Capital 20 — 20


11. Income Tax & Sales Tax Revenue 446 — 446

Capital 6 — 6



Capital 1970 8213 10183

13. Food & Civil Supplies Revenue 1470 — 1470

Capital 520 — 520

14. Forest Revenue 21420 — 21420

Capital 15 ---- 15

15. Soil and Water Conservation Revenue 17780 — 17780

Capital 10 --- 10

16. Fisheries & Wild Life Revenue 4437 ---- 4437

Capital 1495 ---- 1495


Capital 1078 — 1078


Capital 30 ---- 30

19. Police Revenue 23430 ----- 23430

Capital 1200 ---- 1200

20. Industries Revenue 8605 ----- 8605

Capital 5117 ---- 5117

21. Govt. Institute of Cottage

Industries Revenue 4120 — 4120

Capital 207 — 207

2 2. Mines & Geology Revenue 1330 --- 1330

Capital 1675 ------ 1675

23. Labour Welfare Revenue 210 ---- 210

Capital 3 ----- 3

3

____________________________________________________________________________________________________________

1 2 3

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________



Capital 40 — 40


Capital 7 — 7


Capital 1474 — 1474


Capital 4300 — 4300


Capital 7 — 7

29. Planning & Development Revenue 1800 — 1800

Capital 10 — 10


Capital 20974 — 20975

31. Press, Information& Public


Capital 37 — 37

32. Cultural Affairs Revenue 2700 — 2700

Capital 6 — 6

33. Roads & Bridges Revenue 67734 — 67734

Capital 51250 — 51250

34. Public Works, Water Supply Revenue 11595 — 11595

Capital 19150 — 19150


Capital 50 — 50

36. Scheduled Castes & Scheduled

Tribes Welfare Revenue 5175 — 5175

Capital 6 — 6

37. Sikkim Nationalised Transport Revenue 37334 — 37334

Capital 8474 — 8474

38. Tourism Revenue 3260 — 3260

Capital 414 — 415

__________________________________________________________________________ Total 56,65,78 2,11,67 58,77,45

__________________________________________________________________________


This Bill is introduced in pursuance of Article 204(1) of the Constitution to provide for the

appropriation out of the Consolidated Fund of the State of Sikkim of the moneys required to meet the expen-

diture charged on the Consolidated Fund of the State of Sikkim and the grants made by the Legislative Assembly

for expenditure of the Government of Sikkim for the financial year 1983-84.

N.B. BHANDARI,

Chief Minister

& Minister-in-charge,

Department of Finance.

By Order,

S I K K I M


EXTRAORDINARY


No. 45 Gangtok, Thursday, March 17,1983.

__________________________________________________________________________________________


LAW DEPARTMENT

Notification No. 1/LD/1983.



the Governor on 10th day of March, 1983, is hereby published for general information:—

THE SIKKIM INDUSTRIES LICENSING ACT, 1982.

(ACT NO. 1 OF 1983).

AN

ACT

[10.3.1983]

to provide for licences for regulation of industries in Sikkim; for abolition of

exculsive right in industries; for industrial progress of the State and matters connected

therewith or incidental thereto.

Be it enacted by the Legislature of Sikkim in the Thirty-third Year of the

Republic of India as follows:—

1. (1) This Act may be called the Sikkim Industries Licensing Act, 1982 Short title, extent

(2) It extends to the whole of Sikkim. and commence-

(3) Save as otherwise provided in section 8, this Act shall be deemed to have ment.

come into force on the 19th day of June, 1982.


(a) "government" means the Government of Sikkim;

(b) "industry" means any establishment for manufacture;

(c) "licensing authority" in relation to -

(i) a small scale industry means the Department of the Govern-

ment dealing with Industries; and

(ii) other industries means the Government.

Explanation.— For the purpose of sub-clause (i), a small scale industry shall

mean an undertaking having investment in fixed assets in plant and machinery

(whether held on ownership terms or by lease or by hire purchase) not exceeding

rupees ten lakhs and that of approved ancilliaries upto rupees fifteen lakhs.

2.

(e) ''manufacture" means any process for making, fabricating, altering,

repairing, ornamenting, finishing, packing, oiling, washing, cleaning

breaking up, demolishing or otherwise treating or adapting any article

or substance with a view to its use, sale, transport, delivery or disposal.

(f) ''notification'' means the notification published in the Official Gazette;

(g) "owner of an industry" includes a person "who has ultimate control

over the affairs of the industry and where the said affairs

entrusted to or carried on by a person such person shall be deened to

be the owner of such industry;

(h) "prescribed" means prescribed by rules made under this Act.

Licence for esta- 3. (i) No person or authority other than the Government ,shall

after the commencement of this Act, establish or carry on any industry

in the State of Sikkim except under and in accordance with a licence

issued in that behalf by the licensing authority under this Act.

(2) A licence under sub-section (1) may contain such conditions and in

particular;

(a) conditions as to percentage of shares to be offered to persons domiciled

in Sikkim for subscription;

(b) appointment of Managing Director or Chairman of an industry;

(c) minimum employment of persons domiciled in Sikkim;

(d) minimum and maximum production;

(e) right of the Government to inspect and control quality of goods pro-

duced;

(f) location of the industry;

as may be prescribed.

(3) Notwithstanding anything contained in sub-section (2) or the rules

made under section 16, the licensing authority may specify on the

licence such other conditions as it may deem fit in the interest of deve-

lopment of industries in the State and in the interests of persons domi-

ciled in Sikkim .

Procedure for 4. (1) An application for licence shall be made to the licensing authority in

such form as may be prescribed and shall be accompanied by such fees

not exceeding rupees ten thousand as may be prescribed.

(2) Where before the commencement of this Act, any person was carrying

on any industry, such person shall apply for licence under sub-section (1)

and may be entitled to continue to carry on such business without a

licence in respect of such industry.

(a) for a period of six months from the date of publication of this

Act in the Official Gazette; or

(b) if before the expiry of said six months, such person has made an

application, for grant of licence under this Act for such

industry until the final disposal of his application;

(3) On receipt of the application for licence, the licensing authority may

either grant or refuse a licence:

Provided that no licence under this Act shall be granted if the licensing

authority for reasons to be recorded in writing, is of opinion that granting of such .

licence shall be against the pulblic interest.

Duration and 5. (1) Every licence granted under this Act shall be valid for a period of the

renewal of years from the date oh which it is granted and may be renewed as provi-

Licence. ded in this section.

(2) An application for renewal of licence shall be made to the licensing

authority not later than three months before the date of its expiry

such form and shall be accompanied by such fees not exceeding rupees

five thousand as may be prescribed.

3.

6. (1) The licensing authority may vary the conditions subject to which a Variation, sus-

licence has been granted except such of them as has been prescribed and pension and reVO-

for that purpose require the holder of licence by notice in writing to cation of licences.

deliver up the licence to it within such time as may be specified in the

notice.

(2) The licensing authority may, on the application of the holder of licence

also vary the conditions of licence except such of them as have been

prescribed.

(3) The licensing authority may, by an order in writing, suspend a licence

for such period as it thinks fit or revoke a licence,-

(a) if it is satisfied that the holder of licence is prohibited by any

law for the time being in force to carry on an industry; or

(b) if the holder of the licence has violated any of the conditions

under which the licence was granted; or

(c) if the licensing authority deems it necessary in the interest of

public peace or public safety to suspend or revoke a licence; or

(d) if the licence was obtained by the suppression of material

information or on the basis of wrong information provided

by the holder of licence or any other person on his behalf

at the time of applying for licence; or

(e) if the holder of licence has failed to comply with a notice

under sub-section (1) requiring him to deliver-up the licence; or

(f) if the holder of licence has been convicted of an offence under

the Prevention of Food Adulteration Act, 1954, the Essential

Commodities Act, 1955, the Foreign Exchange Regulation

Act, 1973, the Essential Commodities (Special Provisions)

Act, 1981 or any other offence involving moral turpitude.

(4) Where the licensing authority makes an order varying the conditions

of a licence under sub-section (1) or an order suspending or revoking

a licence under sub-section (3), it shall record in writing the reasons

therefor and furnish to the holder of the licence on demand and on

payment of a fee of rupees fifty a brief statement of the same.

(5) A court convicting the holder of a licence of any offence under this Act

or the rules made thereunder or of any offence under the Acts referred

to in clause (f) of sub-section (3), may also suspend or revoke a licence;

Provided that if the convictionis set aside on appeal or other-

wise, the suspension or revocation shall become void.

(6) An order of suspension or revocation under sub-secton (5) may also

be made by an appellate court or by the High Court.

7. Notwithstanding anything contained in any law, order, custom, promise or Abolition of

contract to the contrary, no owner of an industry in Sikkim shall have an exclu- exclusive right.

sive right to manufacture any article for any period within the State of Sikkim.

Any person, company, body corporate or firm having exclusive right to carry on

any industry or to manufacture any article (to the exclusion of others) shall cease

to have such right from the date of commencement of this Act.

8. The Notification No. 2/TIG, dated the 16th February, 1974 relating to Incentive Repeal of notifi-

for Growing industries in Sikkim except paragraph (y) (b), and paragraph (vii) cation No.

(a) and (b) thereof (relating to Income Tax and Participation by the Government 2/TIC

of Sikkim and Sikkimese people) is hereby repealed. This section shall be

(teemed to have come into Force with effect from the 24th day of May, 1976.

9. Every licence holder shall submit to the licensing authority returns in respect Submission of

of such statistics and other information at such intervals as the Government Returns.

4.

Licence holder 10. (1) Every licence holder shall deposit with the licensing authority such

to deposit cer- amount in such instalments as the said, authority, may having regard to the nature

tian amount of the industry and the number of persons employed therein, specify.

with Government.

(2) The amount also deposited may be utilised by the licensing authority

for payment to the employees of the industry, compensation for loss of

employment before the expiry of the period of licence.

Incentives to cer- 11. For promotion and development of traditional and small-scale in indi-

tain industries. genous industries using local materials, the Government may grant such

incentives as it may think fit in each case.

Offences by 12. (I) Where an offence under this Act or rules made thereunder has been

companies committeed by a company, every person who at the time the offence

was committed was in charge of, and was responsible to, the company

for the conduct of businces of the company, as well as the company,

shall be deemed to be guilty of the offence and shall be liable to be pro-

ceeded against and punished accordingly:

Provided that nothing contained in this sub-section (1) where nay

render any such person liable to any punishment, if he proves that the

offence was committed without his knowledge or that he had exercised

all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any

offence under this Act has been committed by a company and it is proved

that the offence has been committeed with the consent or connivance

of, or is attributable to any neglect on the part of, any director,manager,

secretary or other officer of the company, such director, manager,Secre-

tary or other officer shall also be deemed to be guilty of that offence

and shall be liable to be proceeded against and punished accordingly.

Explanation :- For the purposes of this section,-

(a) "company" means any body corporate and includes a firm or other

association of individuals, and

(b) "director" in relation to a firm means a partner in the firm.

Protection of 13. No suit or other legal proceeding shall lie against the Government or any officer

action in good or authority empowered by the Government for anything which is in good faith

faith. done or intended to be done under this Act or rules made thereunder.

Bar to suits 14. No suit or other proceedings shall lie against the, Government

or its officers for any damage caused or likely to be caused by any Act that may be enac-

ted, extended and enforced by a competent legislature in this State and has

the effect of amending, adding to, varying, altering or repealing of any of the

provisions of this Act.

Penalties. 15. Every person who contravenes any of the provisions of this Act or rules mad there-

under shall, on conviction, be liable to be punished with imprisonment which

may extend to six months or to fine or with both.

Power to make 16. (1) The State Government may, by notification, make rules for carrying out

rules. the purposes of this Act.

(2) In particular, and without prejudice, to the foregoing powers, such

rules may provide for all or any of the following matters, namely:-

5

(a) the form of application for grant of licence and renewal thereof;

(b) the fees payable for grant and renewal of licence;

(c) the condition subject to which a licence may be granted;

(d) any other matter which is required to be or may be prescribed

Repeal and 27. (1) The Sikkim Industries Licensing Ordinance, 1982 (1 of 1982) is

hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under

the Ordinance so repealed, shall be deemed to have been done or taken

under the corresponding provisions of this Act.

B/R PRADHAN,


law Department,

F. No. 16(167)LD/82.

__________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 46 Gangtok, Saturday March 19, 1983.

________________________________________________________________________________________


GANGTOK

NOTIFICATION

No. SLAS .82-83/204/2019. Dated Gangtok, the 19th March,1983.


Sikkim legislative Assembly, the Speaker has been pleased to order the pre-publication of the

following Bill:-

THE SIKKIM SALES TAX BILL, 1983

(BILL NO. 7 OF 1983)

A

BILL

to consolidate and amend the law relating to the levy of tax on sale of goods in

the State of Sikkim.


Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Sikkim Sales Tax Act, 1983 Short title,

extent and

commencement.


(3) It shall come into force on such date as the State Government may,

by notification in the Official Gazette, appoint.

2. In this Act unless there is anything repugnant in the subject or context,- Definitions.

(a) "business" includes any trade, commerce or manufacture or any ad-

venture or concern in the nature of trade, commerce or manufacture

carried on with or without a motive for profit whether or not any

profit accrues from such activities and any transaction ancillary or in-

cidental to or in connection with such trade, commerce or manufacture

or adventure or concern;

2

(b) "Commissioner" means the Commissioner of Commercial Taxes ap-

pointed under, sub-section (1) of section 3;

(c) "dealer" means"any person who carries on business of buying and

selling of any goods for commission, remuneration or otherwise and

includes any firm, Hindu-Undivided family, company, corporation,

a department of Government society club or association ;

Explanation -I—A factor broker, commission-agent, del-credere agent,

auctioneer or any other mercantile agent, by whatever name called, who carries on the

business of buying or selling of goods and who has, in the course of his business, autho-

rity to sell goods belonging to their owners, shall be deemed to be a dealer for the

purposes of this Act;

Explanation 2 ---The manager or agent of a dealer residing outside the State,

and who sells or purchases goods in the State, shall in respect of such business, be dee-

med to be dealer for the purpose of this Act.

(d) "declare goods"means the goods declare( by section 14 of the Cen-

74 OF 1956. tral Sales Tax Act, 1956 to be of special importance in inter-State trade

or commerce;

(e) "goods" means all kinds of movable property in solid, liquid or ga-

seous form, and includes all materials, commodities, articles and also

electricity but does not include newspapers, actionable claims, stocks,

shares and securities;

Explanation.— Materials, commodities and articles attached to or forming

part of immovable, property which are agreed to be severed, under the contract of sale

shall be deemed to be goods within the meaning of this clause;

(f) "manufacture" with all its grammatical variations and cognate expres-

sions, means producing, making, extracting, altering, ornamenting,

finishing or otherwise processing or adopting any goods but does not

include such manufacture or manufacturing process as may be prescr-

bed;

(g) "notification" means a notification published in the Official Gazette;

(h) "place of business" includes—

(1) in the case of any dealer who carries on business through

an agent (by whatever name called), the place of business

of such agent;

(2) a warehouse, godown or other place where a dealer stores his

goods; and

(3) a place, where a dealer keeps his books of accounts;

(i) "prescribed" means prescribed by rules made under this Act;

(j) "prescribed authority" means such authority as may be prescribed;

(k) "registered dealer" means a dealer registered under section 10;

(1) "rules" means the rules made under this Act;

(m) "sale" with its grammatical variations and cognate expressions

means any transfer of property in goods by one person to another for

cash or for deferred payment or for any other valuable conside-

ration, and includes a transfer of goods on hire-purchase or other system

of payment by instalments but does not include a mortage or hypo-

thecation of or a pledge on goods;

Explanation 1.-- Transfer of goods on hire-purchase or other system of pay-

ment by instalments shall be deemed to be a sale if and when there is a transfer of pro-

perty to goods from the seller to the buyer;

Explanation 2.—A barter, that is, sale by exchange of goods shall be deemed

to be a sale only when the exchange is based or worked but in terms of the value of the

goods exchanged;

3.

Explanation 3.—A sale of goods shall be deemed to have taken place in the

State if it the requirements of sub-section (2) of section 4 of the Central Sales Tax

Act, 1956; 74 of 1956.

(n) "sale price" means the amount payable to a dealer as consideration for

the sale of goods, less any sum allowed as cash discount but

inclusive of any sum charged for anything done by the dealer

in respect of the goods at the time of or before the delivery

thereof other than the cost of freight or delivery or the cost

Explantion 1. —The term cash discount shall refer only to the discount allowed

by the seller to the buyer for the prompt or prior or early payment of sale price accor-

ding to the practice prevailing in the trade;

Explantion 2.—The tax levied under this Act on the transaction of sale shall

not form part of the sale price for the purpose of this Act, only if it is actually leviable

under this Act on the seller and is recovered by the seller from the buyer by showing

it separately as such in the cash memos, invoices or other sale memoranda;

Explantion 3.—In respect of goods sold in hire-purchase system, the sale

price on the date on which property in the goods passes to the buyer shall be such

as may be prescribed;

(o) "Sikkim" means the territory comprised in the State of Sikkim;

(p) "State Government" means the Government of Sikkim;

(q) "tax" means tax payable under this Act;

(r) "turnover" used in relation to any period means the aggregate of sale

prices or part of sale prices receivable or if a dealer so elects, actually

received by the dealer during such period after deducting the amounts

if any, refunded by the dealer in respect of any goods returned by the pur-

chaser within such period as may be prescribed :

Provided that an election as aforesaid once made shall not be

altered except with the permission of the Commissioner and on such terms

and conditions as he may think fit to impose;

Explanation—The turnover of sales shall include amounts realised by a dealer by

sale of surplus, unserviceable and discarded goods, fixed or other assets of the business,

bye-products and subsidiary products of manufacture or processing but shall not include

sales in acanteen owned and run by the dealer for the benefit of his workman or labourers;

(s) "year" means the financial year commencing on the first day of April and

ending on 31st day of March next following.

CHAPTER II

Taxation authorities

3. (1) For carrying out the purposes of this Act, the State Government may Taxing Autho-

appoint a person to be Commissioner of Commercial Taxes and such rities.

other persons with such designation to assist him as may be necessary

and as may be specified in this behalf by the State Government by notification.

(2) The Commissioner and other person appointed under sub-section (1)

shall exercise such powers as may be prescribed and perform such duties

as are imposed upon them by this Act or rules made thereunder within

such areas in the State as may be specified in this behalf by the State

Government by notification.

(3) All persons appointed under sub-section (1) shall be deemed to be public

servants within the meaning of section 21 of the Indian Penal Code. 45 of 1860.

4.

CHAPTER III

Incidence of Taxation

Incidnce of 4. There shall be paid by every dealer who sells goods, manufactured or

taxation. imported by him, in the State, a tax on sales made on and from the date of commencement

of this Act.

Rate of tax. 5. (1) The tax payable by a dealer under this Act shall be levied on taxable

turnover at the following rates,—

(a) in respect of goods specified in Schedule II, at the rate of ten

paise in the rupee;

(b) in respect of declared goods, at such rate not exceeding four

paise in the rupee as the State Government may, to time, by

notification, specify;

(c) in respect of any other goods, at such rate not exceeding five

paise in the rupee as the State Government may, from time to

time, by notification specify.

(2) Notwithstanding anything contained in sub- section (1), the State Govern-

ment may, in public interest, by notification and subject to such conditions

as may be specified therein, direct that no tax or a lower rate of tax shall

be payable in respect of any specified transactions or goods or class of

dealers and such notification may be given such retrospective or prospective

effect as may be specified therein.

(3) For the purposes of this Act, the expression 'taxable turnover' means goods

part of dealer's gross turnover during the prescribed period in any year

which remains after deducting therefrom—

(a) his turnover during that period on—

(i) the sales, at the subsequent stages of sales, of such goods

as are specified, by a notification, issued under section

6 to be subject to tax at the first point in the series of

sales in Sikkim in respect of which taxdue under

this Act is shown to have been paid to the satisfaction

of the prescribed authority;

(ii) the sales of goods exempted under section 8;

(iii) the transactions not liable to tax under section 9;

(iv) the sales of goods which are proved to the satisfaction

of the Commissioner to have already besubjected to

tax under this Act;

(v) the sales to a registered dealer—

(a) of goods of the class or classes specified in the

certificate of registration of such dealer as

being intended for use by him as raw materials

in the manufacture in the State of any goods

other than goods declared as tax-free under

section 8,—

(1) for sale inside the State;

(2) for sale in the course of inter-State trade

or commerce, being sale occasioning or

effected by transfer of documents of

title to such goods during the movement

of such goods from the State; or

(3) for sale in the course of export outside

India being a sale occasioning the move-

ment of such goods from the State, or

a sale effected by transfer of documents of


of such goods from the State, to a place

outside India and after the goods cros-

sed the customs frontiers of India ;or

5.

(b) of the goods other than those notified under

section 6 as taxable at the first point in the series

of sales, of the class or classes specified in the

certificate of registration of such a dealer as

being intended for resale by him in the State or

for sale in the course of inter-State trade or

commerce or in the course of export outside

India in the manner specified in item (2) or

item (3) of item (a) of this sub-clause as the

case may be; and

(c) of containers or other materials for the packing

of goods of the class or classes specified in the

certificate of registration of such dealer, other

than declared goods intended for sale or re-sale:

Provided that no deduction in respect

of sale referred to in sub-clause (v) shall be

allowed unless a true declaration duly filled

and signed by the registered dealer to whom the

goods are sold and containing the prescribed

particulars in the prescribed form is furnished

in the prescribed manner and within the pres-

cribed time, by the dealer who sells the goods:

Provided further that where any goods

are purchased by a registered dealer for any of

the purposes mentioned in sub-clause (v) but

are utilised by him for a different purpose, the

price of the goods so purchased shall be allowed

to be deducted from the gross turnover of selling

dealer but shall be included in the taxable turn-

over of the purchasing dealer;

(vi) such other transactions as are exempted from payment

of tax by a notification issued under sub-section (2).

6. Notwithstanding anything contained in this Act, the Government may, by notifica- Powers of Govt.

tion in the official Gazette, specify the point of sale at which any goods or class of goods to prescribe

may be taxed. point at which

goods may be taxed.

7. The burden of proving that the dealer is not liable to pay tax under this Act in res- Burden of proof.

pect of any sale effected by him, shall lie on him.

8. (1) No tax shall be payable under this Act on the sale of goods specified in Tax-free goods.

Schedule I subject to the conditions and exceptions, if any, set out therein.

(2) The State Government, after giving by notification such previous notice as

it considers reasonable of its intention so to do, may add to or omit

from, or otherwise amend Schedule I and thereupon the said Schedule

shall be deemed to be amended accordingly:

Provided that the said notification may be given such retrospective

or prospective effect as may be specified therein.

9. Nothing in this Act or the rules made thereunder shall be deemed to impose or Certain sale and

authorise the imposition of tax on any sale or purchase of any goods when such sale or pur- purchases not

chase takes place:- liable to tax.

(i) in the course of inter-State trade or commerce; or

(ii) outside the State; or

(iii) in the course of import of goods into, or export of goods out of, the terri-tory of India.

6

CHAPTER IV

Registration of dealers, etc.

Registration of 10. (1) Every dealer liable to pay tax under this Act shall apply within

30 days of his becoming so liable to the prescribed authority for

registration under this Act.

(2) No dealer liable to pay tax under this Act, shall sell or purchase goods

unless he is in possession of a valid registration certificate granted to him

by or on behalf of the prescribed authority or has applied for such regis-

tration within the time specified in sub-section (r) and his application

has not been finally disposed of by the said authority.

(3) The prescribed authority may, on receipt of application in the prescribed

form from a dealer for registration, and on being satisfied that the applica-

tion is in order grant registration from such date as may be specified, to

such dealer:

Provided that the said authority granting the certificate may

demand such security from the dealer as may be prescribed before the

registration is granted to him:-

Provided further that no application for registration made by

a dealer shall be refused, or partly granted unless he has been given a rea-

sonable opportunity of being heard before the order is passed.

(4) If the prescribed authority is satisfied that a dealer liable to pay tax under

this Act has failed to apply for and get himself registered, it may, by a

notice in writing, direct the dealer to apply for and get himself registered

within 15 days of the service of the notice, failing which the dealer shall

be liable to pay a penalty of rupees twenty five for each day's delay after

the expiry of the said period of 15 days :

Provided that the said authority may, on an application by the

dealer and for reasons to be recorded in writing, reduce or waive the

penalty, if it is satisfied that the delay has been caused by reason beyond

the control of the dealer.

(5) The registration certificate shall be in prescribed form and shall contain

such particulars as may be prescribed.

(6) The prescribed authority may on its own motion for reasons to be recorded

in writing or on an application by the dealer, cancel, vary, modify, or

amend any registration certificate granted under sub-section 5;

Provided that a registration certificate shall cease to be in force

when the dealer has ceased to be liable to pay tax under this Act or his

business has been closed :

Provided further that when the registration certificate is

cancelled, varied, modified or amended otherwise than on application

by dealer or when the application made by the dealer for the purpose is

proposed to be rejected in whole or in part, a reasonable shall be given

of being heard or to show cause against the proposed action shall be given

to the dealer.

(7) The registration certificate granted to a dealer shall not be transferable

and if the business to which it relates is transferred to another dealer

then that other dealer shall apply and get himself registered under sub-

section (1) and (2) unless he is already registered.

CHAPTER V

Return, Assessment, Recovery and Refund of Tax.

Return and pay- 11. (1) Every registered dealer shall furnish such returns for such periods in such

ment of tax. form, to such authority and within such time as may be prescribed.

7

Provided that if a dealer, having furnished a return discovers

any omission, error or wrong statement therein, he may furnish a revised

return in such manner as may be directed by the aforesaid authority at

any time before the said authority passes the order determining the amount

of tax payable by the dealer for the period for which the return has been

furnished:

Provided further that the said authority may, for reasons to be

recorded and after giving the dealer a reasonable opportunity of being

heard, refuse to take the revised return into consideration if it is satisfied

that the original or the revised return was deliberately false and it was

furnished with intent to defraud the State Government of its revenue.

Explanation—A dealer who is granted registration from any particular date shall also be

laible after the grant of such registration, to furnish return also for the period prior to

such date during which he was liable to pay tax under this Act, in such manner and within

such time as may be prescribed.

(2) The dealer shall, before furnishing any return or revised return referred

to in sub-section (i) pay to the Government in such manner and within

such time as may be prescribed the amount of tax due under this Act

according to the return or the revised return, as the case may be, and fur-

nish along with the return or the revised return, such proof of the pay-

ment of tax due as may be prescribed, and any such return or revised

return if not accompanied by any such proof of payment shall be deemed

invalid and treated as if it has not been furnished.

(3) If a registered dealer fails, without reasonable cause to furnish any valid

return within the time prescribed or within such further time as may be

allowed on application, by the prescribed authority, a penalty at the rate

not exceeding rupees five for each day of delay shall be imposed without

prejudice to any action which is or may be taken under any of the other


12. A rebate shall be allowed at the rate of one per cent of the amount of tax paid by Rebate.

the dealer within the time prescribed under sub-section (2) of section 11 :

Provided that where the amount of tax finally assessed on the dealer is less

than the tax paid by the dealer, the rebate shall be allowed only on the amount so

assessed.

13. (1) If the prescribed authority is satisfied that the return of turnover furnish- Procedure in

ed by a dealer is correct and complete, it may, without requiring the assessment and

presence of the dealer or production of any further evidence by him, re-assessment.

determine the amount of tax due from him.

(2) (a) If the prescribed authority is not satisfied as aforesaid but

requires the presence of the dealer or the production of

evidence by him, it may serve on such dealer a notice in the

prescribed form requiring him or his representative to attend

and produce or cause to be produced on a date to be specified,

any evidence that such dealer may rely on in support of his return.

(b) On the date specified in the notice issued under clause (a) or

on such other date as may be fixed by the prescribed authority

under intimation to the dealer, and after hearing or examining

or taking into consideration such evidence as the dealer may

produce and such other evidence as the said authority may re-

quire on specified points, it shall by an order in writing, assess

and determine the tax payable by the dealer:

Provided that no evidence, not produced by or on behalf

of the dealer, shall be taken into consideration without giving

a reasonable opportunity to the dealer to rebut such evidence.

(3) If a registerd dealer fails to —

(a) furnish any valid return of turnover as required in sub-section

(1) of section; or

8.

(b) comply with the notice issued under sub-section (2) of this

section; or

(c) satisfy the assessing authority about the correctness of the re-

turns furnisned; or

(d) appear or produce or cause to be produced evidence on the

date specified under sub-section (2) ;

the prescribed authority shall, after giving a reasonable opportunity to the dealer of

being heard, determine the taxable turnover of the dealer to the best of its judgement

and assess the tax on the basis of such determinnation and may, in addition, im-

pose penalty of an amount not exceeding one half of the amount of tax so assessed;

Provided that no penalty under this sub-section shall be imposed unless

the prescribed authority is satisfied that the failure of the dealer was wilful,deli-

berate or unjustified and unless a reasonable opportunity of being heard is given

to the dealer :

Provided further that in cases covered by clause (a) of this sub-section,

no proceedings for assessment shall be initiated after the expiry of four year from the

expiry of the relevant period due for assessment or in cases in which the assessment

is made as a result of an order in appeal, revision or review, after the expiry of two

years from the date of such order.

(4) If upon information received, the prescribed authority is satisfied that a

dealer liable to pay tax under this Act in respect of any period wilfully

failed to apply for registration under sub-section (1) of section 10 or

having applied, wilfully failed to furnish any particulars or information

required for the purpose of registration or having been registered fails

to furnish returns within the period prescribed under sub-section (1)

of section 11, the said authority shall, after giving the dealer a reasonable

opportunity of being heard, assess, according to its best judgement the

amount of tax due from the dealer for such period or any subsequent periods

and in addition, may impose a penalty of an amount not exceeding one

half of the amount of tax so assessed :

Provided that no proceedings under this sub-section shall be

initiated after four years from the expiry of such period.

Explanation.—For the purpose of sub-section (3) or sub-section (4), as the case may be

the proceedings shall be deemed to have been initiated when a notice therefor is served

or deemed to have been served on the dealer.

(5) If upon information which has come into possession, the prescribed

authority has reason to believe that any turnover of a registered dealer in

respect of any period has for any reason escaped assessment or was under-

assessed or assessed at a rate or rates lower than the rate or rates correctly

applicable, or any deduction from turnover had been wrongly made, it

shall, within six years of the expiry of such period, serve on the dealer

a notice in the prescribed Form and proceed to assess or reassess the

amount of tax due from the dealer in respect of such turnover in the man-

ner specified by or under this section :

Provided that the amount of tax shall be assessed or re-assessed

after allowing such deduction and applying the same rate of taxas was admi-

ssible during the said period:

Provided further that the said authority may, after giving rea-

sonable opportunity to the dealer of being heard, impose a penatly not ex-

ceeding the amount of extra tax found leviable in the proceedings under

this sub-section, if it is satisfied that the escape from assessment or under-

assessment had been caused by the deliberate and wilful failure on the

part of the dealer—

(a) to disclose, at the time of original assessment the particulars of

such turnover; or

(b) to furnish correct particulars.

9.

14. (1) The tax admitted by the dealer to be due in any return or revised return Procedure of

furnished by him under-section 11 shall be paid in the manner prescribed payment of tax

by or under sub-section (2) of that section. or penalty.

(2) The amount of the tax and penalty assessed as due from the dealer under

sub-section (3) of section 11 or under section 13 after deducting any amount

paid by him along with return under sub-section (2) of section 11 shall

be paid by him in such manner and within such time as may be specified

in the notice of demand in the prescribed Form issued by the prescribed

authority; the date so specified being not less than 30 days from the date of

service of the said notice:

Provided that the said authority may, in its discretion and for

reasons to be recorded, on application by the dealer, extend the date for

such payment or allow the payment to be made in such instalments as may

be determined by it.

(3) If a dealer has failed, without reasonable cause, to make payment of any

amount of tax together with the penalty, if any, by the date specified in

the notice issued under sub-section (2.) or by the date extended under the

provison thereto, interest at ten per cent per annum shall accrue and be

charged on such amount from such date and such interest shall be treated

as if it were tax due under this' Act and shall be paid by the dealer in the

prescribed manner:

Provided that interest shall not accrue or be charged on, any

amount the recovery of which is stayed under sub-section (5) daring the

period the stay operates.

(4) Any amount of tax, penalty or interest due from a dealer, which remains

unpaid may be recovered on application by the prescribed authority to

the Judicial Magistrate "of the first class who shall realise it as if it were a

fine imposed by him :

Provided that where, during the proceedings under this sub-

section, the amount of tax, penalty or interest due from the dealer is

reduced as a result of appeal or otherwise, the prescribed authority shall

inform the dealer and the authority before whom the proceedings are

pending, the amount so reduced and the reduced amount shall be deemed

to be substituted for the amount originally intimated to that authority.

(5) Where an appeal against or an application for revision of the assessment

of tax or levy of penalty or interest is entertained, the appellate, or the

revisional authority as the case may be, may on application, stay recovery

of the tax, penalty or interest in whole or in part, subject to such con-

ditions as it may impose till such date as it may direct :

Provided that the stay of recovery so granted shall stand vacated

on the date the appeal or the application for revision is finally decided or

on such other date as the appellate or the revisional authority may direct.

(6) No such proceedings for the recovery of tax under this section shall be

commenced after the expiry of twelve years from the date on which the

assessment was made :

Provided that where the assessment was under appeal or under

any other proceedings under this Act, the aforesaid period of limitation

shall commence from the date the appeal or other proceedings were

terminated.

15. (1) No person other than a registered dealer shall collect or recover from any Person autho-

person any amount towards tax or purporting to be tax under this Act rised to collect

on the sale of goods. tax from purcha-

sers.

(2) No registrered dealers shall collect from any person any such amount ex-

cept in a case in which, and to the extent to which, such dealer is liable

to pay tax under this Act:

10.

Provided that where a registered dealer is in doubt about his lia-

bility, he may collect and keep in deposit the tax so collected towards

his anticipated liability of tax; but shall refund the deposit to the person

from whom it was collected or to his successors or assignees, if any to

the extent upto which it is finally determined in the proceedings, if any to

this Act that the dealer is held not so liable.

(3) Nothing contained in sub-section (1) or sub-section (2) shall relieve a

registered dealer from his liability for the tax under this Act.

Production when 16. (1) Subject to such rules as may be made the amount of tax,penalty or

tax is paid in ex- interest paid in excess of the amount finally determined as payable by the

cess. dealer under this Act, shall be refunded to him, on his application within

60 days of the date on which the application is filed by him:

Provided that such application shall not be entertained unless

it is filed before the prescribed authority within twelve months from the

date on which the order of the assessment was passed :

Provided further that where the assessment was under appeal,

revision or any other proceedings under this Act, the said period of limi-

tation shall commence from the date on which order in the appeal , re-

vision or other proceedings is passed :

Provided also that any dealer may, by application request , or

the prescribed authority may, on its own motion, set off the refund due

against any other dues of the dealer under this Act or under any other

Act.

(2) Where a tax has been levied under this Act in respect of sales or pur-

chases inside the State of any declared goods and such good are subse-

quently sold in the course of inter-State trade or commerce the taxso

levied shall be re-imbursed to the person making such sale in tax so

inter-State trade or commerce, in such manner and subject to such con-

ditions as may be prescribed :

Provided that no such re-imbursement shall be made unless an

application in writing is made before the prescribed authority under this

Act within twelve months of the date on which the inter-State sale is

made, which period may be extended for sufficient cause by the said autho-

rity by such time as may be considered necessary by it for reasons to be

recorded in writing.

Duration by 17. (1) Every dealer liable to pay tax under this Act, who is an Undivided Hindu

the dealer. Family, a firm, company, corporation, society, club or association shall

furnish to the prescribed authority in the prescribed manner and within

the prescribed time, a declaration stating the name and proceedings parti-

culars of the person who shall be deemed to be in charge of the business

for the purposes of this Act.

(2) Any statement made, return furnished, accounts, registers and documents

produced or evidence given by such person or any other person authorised

by him or by the dealer in this behalf, in the course of any proceedings

under this Act, shall be binding on and enforceable against the dealer.

CHAPTER VI

Maintenance and production of accounts by the dealer.

Liability to 18. (1) Every registered dealer shall keep a true and complete account in respect

maintain and of all goods produced, raised, manufactured, processed; purchased ,sold

produce account or delivered by him:

and supply of Provided that the Commissioner may, by notitification, lay down

information. the forms or registers or the manner in which the said dealers shall main-

tain the accounts as aforesaid as well as cash memoranda, bills, invoice

etc, and the dealer shall maintain the accounts and documents accodingly.

11.

(2) The prescribed authority may direct the dealer to produce accounts or

any information in such manner as may be required for the purpose of

assessment of tax under this Act if the said authority is not satisfied that

the accounts maintained and produced by the dealer are sufficiently clear

and intelligible for determining the correct amount of the tax payable by

the dealer.

(3) Subject to such rules as may be made by the State Government under this

Act, prescribed authority may, either before or after the assessment of

tax under this Act, require any dealer, including a dealer not registered

under this Act, to produce before him all or any of the accounts, registers

and documents maintained by the dealer and also to furnish any information

relating to financial transactions of the dealer relating to his business,

including information regarding stocks of goods held, imported, produced,

manufactured, processed, bought, sold or delivered, the sale price realised,

the profit derived therefrom, and the dealer shall comply with such re-

quirements.

(4) Subject as aforesaid, all accounts and documents connected with the

business of the dealer, stocks of all goods purchased or kept by him for

sale, the cash, or bank pass books, statements or deposit receipts kept

in any place of business shall at all reasonable times, be open to inspection

and search by the prescribed authority or by any person appointed to assist

him under sub-section (1) of section 3 or by such other person as may be

authorised by him for the purpose in writing and the dealer shall render all

possible assistance to such authority or person in the search or inspection,

as the case may be.

Expalnation1.— It shall be open to the said authority or person to take or cause to be taken

such copies of, or extracts from, the aforesaid accounts, registers and documents as may

be considered by it or him necessary and to require the dealer or any of his employees

present at time to authenticate or witness such copies or extracts, as the case may be.

Explanation 2.—The authority or person may, subject to such rules as may be made, break-

open any door, window, almirah, safe or other containers in the place of business in which

he has reason to believe that the dealer has kept or is keeping any accounts, registers qr

documents or stocks of goods or cash relating to the business which the dealer has refused

to open or produce them for inspection.

(5) If the prescribed authority has reason to suspect that any dealer is attemp-

ting to evade the payment of any tax due under this Act or under the Central

Sales Tax Act, 1956, such authority or person may, for reasons to be 74 of 1956.

recorded in writing, seize or cause to be seized such accounts registers or

documents including bank pass books or statements, as may be considered

necessary, and shall grant a receipt for the same. Such seized accounts,

registers or documents may be retained by the said authority for so long as

may be necessary for examination or for conducting any prosecution under

section 23 and shall thereafter be returned to the dealer who shall acknow-

ledge in writing the receipt of the same;

Provided that the seized accounts registers and documents shall

not be retained by any authority other than the prescribed authority for

over 90 days save with the approval, in writing, obtained from the

prescribed authority.

19. (1) Notwithstanding anything contained to the contrary in any agreement, Liability on the

contract or understanding, when the ownership of a business of a dealer transfer of busi-

laible to pay tax under this Act, is transferred in whole or in part, the ness.

transfer or the transferee shall be jiontly or severally liable for informing

the particulars of the transfer to the prescribed authority insuch manner

as may be prescribed and for the payrnent of any tax, penalty or interest,

if any, payable in respect of such business and remaning unpaid at the time

of such transfer.

12.

(2) Where a dealer from whom any amount is due towards tax, penalty or

interest dies, the executor, receiver, manager, administrators or successors

in-interest to his estate or any other legal representative including a

Court of Wards shall be liable to inform the presciribed authority in such

manner as may be prescribed and to pay out of the property of the deceased

the amouut so payable and shall also be liable and responsible to attend and

participate or be represented in all proceedings under this Act pending

at the time of the death of the dealer :

Provided that nothing in this sub-section shall require re-issue

of notices or intimation already issued to the dealer and the proceedings

pending on the date of death of the dealer shall be continued as if the said

dealer is substituted by the person or persons mentioned in this sub-section.

(3) Where the dealer is a minor or is incapacitated and his business is carried on

by any other person on his behalf, whether he be a guardian, trustee or

agent, such person shall inform the prescribed authority and the tax shall

be assessed upon and be recoverable from such person as if he were the

dealer.

(4) Where the dealer is an Undivided Hindu Family, firm or other association

of persons, and such family, firm or association is partitioned, dissolved

or business thereof is, due to any reason, disrupted, as the case may, the

tax, penalty and interest for the period or periods upto the date of such

partition, dissolution or disruption may be assessed, imposed and leived as

if the partition, dissolution or disruption has not taken place and every

person who was at the time of such partition, dissolution or disruption

a member of such family, firm or association shall be liable servally and

jointly for furnishing such particulars as may be prescribed and for the

payment of such tax, penalty or interest, whether the assessment, im-

position or levy was made before or after such partition, dissolution or

disruption.

CHAPTER VII

Suits, Appeal, Revision and Review.

Bar to certain 20. (1) No assessment made, proceedings taken or order passed under this

proceedings. Act shall be called into question in any court save as provided in this

Act.

(2) No suit, prosecution or other legal proceedings shall lie against any

public servant or any person appointed under section 3 for anything

done in good faith under this Act or the rules or notification made

thereunder save with the previous sanction of the State Govern-

ment.

Appeal revision 21. (1) Subject to such rules as may be made any dealer may, in the prescribed

and review. manner, appeal to such authority as may be prescribed against any

order passed under sub-section (3) of section 11, section 13 and section

16 of this Act..

(2) No such appeal shall be entertained unless—

(a) it is accompanied by a proof of payment, in such manner as

may be prescribed, of the amount of tax admitted by the

dealer to be due from him and ten per cent of the different

between such amount of tax including penalty and in-

terest assessed; or

(b) it is filed within forty five days of the date of passing of the

orders as aforesaid or 30 days from the date on which the de-

mand, if any for tax or penaltty is served or deemed to have

been served on the dealer, whichever is later:

Provided that the aforesaid authority may admit an

appeal after the expiry of the said period if on application by

the dealer, it is satisfied that the dealer was prevented by

sufficient cause from preferring the appeal within the afore-

said time.

13.

(3) Subject to such rules as may be made any order passed in appeal under

sub-sections (1) and (2) may be revised by such authority as may be

prescribed on an application by the dealer or by or on behalf of the

State Government as the case may be :

Provided that no application for revision shall be entertained

unless it is made before the said authority within 60 days of the date of

passing of the order under sub-section (1) or sub-section (2), as the

case may be, but the said authority may, if it is satisfied, on application

that there was sufficient cause for the delay, admit the said application

for revision after condoning the delay :

Provided further that the Commissioner may call for and examine

the record of any proceedings under this Act in which any order other

than an order passed in appeal under sub-sections (1) and (2) has been

passed by any person appointed to assist the Commissioner for the pur-

pose of satisfying himself as to the legality or propriety of such order

and may, after such examination and after making or causing to be made

such enquiry as he may deem necessary, pass any order which he

thinks fit and proper :

Provided that no action under the second proviso shall

be initiated while any appeal under sub-section (1) is pending or when

the time prescribed in sub-section (2) for filing the appeal has not

expired and except before the expiry of four years from the date of

order which is the subject of scrutiny by the Commissioner.

(4) The aforesaid appellate or revising authority may—

(a) confirm, reduce, annul, enhance or otherwise modify the

assessment of tax, penalty or interest;

(b) set aside any order and direct the authority which made the

order, to pass a fresh order after further enquiry on speci-

fied points; or

(c) pass such other orders as it may deem fit and proper.

(5) No order prejudicial to any dealer shall be passed under this section

without a resonable opportunity of being heard being given to him.

(6) Subject to such rules as may be made any authority under this Act or

its successors in office may, on application or otherwise, review any

order passed by it to correct any error or mistake apparent from records:

Provided that neither an application under this sub-section

nor the period during which it is pending shall be considered as

cause for the delay, if any, in filing any appeal or application for revision:

Provided further that no such review shall be made if it has

the effect of enhancing the tax or penalty or both, or of reducing a re-

fund, unless the dealer or the person who is liable to pay the tax or the

penalty or both, or as the case may be, eligible to get refund is given

a reasonable opportunity of being heard.

22. The amount of fees payable for any appeal or application made under this Act Payment of fee.

shall be such as may be pescribed:

Provided that the amount of fees so prescribed shall not be less than a

rupees and shall not exceed five hundred rupees:

Provided further that no fee shall be payable for any appeal or application

field by or on behalf of the State Government.

CHAPTER VIII

Prosecution and penalties

23. (1) Without prejudice to any action taken or that may be taken or any Offences.

order passed or may be passed under any of the provisions of this Act,

whoever-

14.

(a) being a dealer, sells or purchases goods in contravention of

sub-section (2) of section 10 or fails or neglects to comply

with the provisions of sub-section (1) thereof; or

(b) fails without sufficient cause, to submit any return required

under section 11 or wilfully submits a false return;

(c) not being a registered dealer falsely represents that he is such

a delaler; or

(d) fails or neglects to maintain or produce accounts under section

18 or produces false and incorrect accounts; or

(e) prevents or obstructs any authority under this Act in the

performance of its duties and functions under this Act, or

(f) fails to pay the tax due in accordance with section 14; or

(g) contravenes the provisions of section 15; or

(h) fails to furnish the information or particulars mentioned in

section 19; or

(i) contravenes section 26; or

(j) abets any person in the commission of any of the offence

specified in clauses (a) to (i);

shall be punishable with imprisonment of either description which may

extend to one year or with fine which may extend to ten thousand

rupees or with both and if the. offence is continuing one, with a daily

fine not exceeding one hundred rupees during the period the offence

continues.

(2) No court shall take cognizance of any offence under this Act or the rule

made thereunder except with the previous sanction of the prescried

authority.

(3) All offences punishable under this Act shall be cognizable and bailable.

(4) Notwithstanding anything contained in sub-section (1), the prescribed

authority may compound any offence under this Act or the rules made

thereunder before or after the institution of proceedings under that

sub-section by accepting from the person charge with the offence a

sum not exceeding twenty thousand rupees as may be determined by

the said authority, in addition to the tax, penalty or interest that may be

leviable under the Act, and on payment of the sum so determined to-

gether with the amount of tax, penalty or interest due, the proceedings

before any court or prescribed authority under this section shall abate.

Appearance 24. A dealer or any other person required to appear or to produce any accounts

through autho- documents or other records before any authority under this Act may appear, or produce

rised agent. as the case may be, in person or be represented by any other person in such manner as

may be prescribed.

Secrecy of infor- 25. No particulars or information contained in any statement made,return field,

mation given by books or documents produced by a dealer under this Act or any assessment made or order

dealer. passed by any of the authorities under this Act shall be treated as confidential and no

person other than the said dealer shall be compelled to give evidence derived from any

of the aforesaid records, save with the general of special previous sanction of the State

Government which may give or withhold such sanction as it may deem fit:

Provided that nothing in this section shall prevent the disclosure of all or any such

particulars or information to any Government servant for the purpose of—

(1) investigation of any crime and prosecution of any person under this

Act or under any of the laws of Central or State Government ; or

(2) audit of receipts and refunds of the tax including penalty and interest

and fees levied by or under this Act; or

(3) enforcing recovery of all amounts due under this Act:

Provided further that the State Government may by notifica-

tion and subject to such conditions as it may impose, delegate its power

under this section to any authority subordinate to it.

15.

26. (1) The State Government may, by notification, set up and erect Checkposts.

in such manner as it may deem fit, checkposts and barriers at any

place in the State, at which all persons, vehicles or other means of trans-

porting goods intended for sale may be detained, intercepted or sear-

ched to prevent evasion of tax under this Act.

(2) Every person transporting such goods across the said checkposts or

barriers may be required to file such documents or other proof as may

be prescribed along with a correct and complete declaration in the

prescribed form before being allowed to proceed.

27. If any difficulty arises in giving effect to the provisions of this Act, the Removal of

State Government may, by general or special order published in the Official Gazette, difficulties.

make such provisions not inconsistent with the provisions of this Act as appear to it

to be necessary expedient for the removal of the difficulty :

Provided that no such order shall be made after the expiration of two

years from the commencement of this Act.

28. (1) The State Government may, make rules for carrying out the purposes Power to make

of this Act. rules.

(2) The rules so made may be given effect from such date or with such re-

trospective effect as the State Government may specify therein.

(3) In making any rules, the State Government may direct that a breach

thereof shall be punishable with a fine not exceeding rupees one thousand

and when the offence is a continuing one with a daily fine not exceeding

rupees fifty during the continuance of the offence.


power, such rules may provide for—

(a) the particulars to be contained in a declaration referred to in

the provision to sub-clause (v) of clause (a) of sub-section (3)

of section 5, the forms of such declarations, the manner in

which, the conditions and restrictions subject to which and

the authority from which such forms shall be obtainable

and the manner in which such declarations are to be furnished;

(b) the authority to which the application for registration under

section 10 shall be made;

(c) the procedure for, and other matters incidental to, the Regis

tration of dealers and the granting of certificates of registra-

tion and the forms of such certificates under section 10;

(d) the intervals at which, and the manner in which the tax under

this Act shall be payable under section 11;

(e) the returns to be furnished under section 11; and dates by

which, and the authority to which, such returns shall be

furnished;

(f) the date by which returns for any period are to be furnished

and the procedure to be followed for assessment under section 13;

(g) the manner in which refunds under section 16 shall be made;

(h) the accounts and forms of refunds and reimbursement under

section 16;

(i) the conditions for the maintenance and production of acco-

unts or documents or for furnishing information and the

authority to which such accounts, documents or informa-

tion may be furnished under section 13;

(j) the manner in which, and the authority to which appeals or

revisions against any order passed under this Act may be pre-

ferred under section 21;

(k) the procedure for, the disposal of appeals and application for

revision and reviews under section 21;

16.

(1) the amount of fees payable under section 22 for any appeal

or application filed under this Act;

(m) the conditions under which, and the authority by

which the offences may be compounded under section 23;

(n) the manner in which, and the time within which applications

shall be made, information furnished and notices served under

this Act;

(o) any other matter which may be, or is required to be pres-

cribed.

CHAPTER IX

Miscellaneous

Repeal and 29. (1) On and from the commencement of this Act, all laws relating to Sales

validation. Tax in force in the State, shall stand repealed.

(2) All collections of tax, penalty and interest, and all proceedings or assess-

ments made, actions taken, things, done or orders passed,by an au-

thority under any law referred to in sub-section (1) are hereby, validated

and shall for all purposes be deemed to have always been made, done,

taken or passed in accordance with law.

(3) All proceedings pending on the commencement of this Act with regard

to assessment, collection of tax, penalty or interest, or matters in appeal

revision or review shall continue and be disposed of as if this Act had not

been passed.

17

SCHEDULE I

(See section 8)

_______________________________________________________________________________________________________

1 2

_______________________________________________________________________________________________________

1. All cereals and pulses including broken particles and husk and bran Except when sold in sea-

thereof. led container.

2. Wheat flour including atta and suji ....

3. Bread ....

4. Meat which has not been cured or frozen ....

5. Fresh fish ....

6. Vegetable, green or dried commonly known as sabji, tarkari or sak Except when sold in sealed

container.

7. Cooked food, other than cake, pastries, biscuits and sweetmeats ....

8 Gur and molasses ....

9. Salt .....

10. Milk .....

11. Livestock including poultry .....

12. Agricultural implements Except tractor and power

tillers and spare parts

ccessories and component

parts thereof.

13. Cotton Yarn …..

14. Inferior grade of kerosene oil, that is to say, the kerosene referred to

in term 7 of the first Schedule to the Central Excises and Salt Act,

1944 and having all the following characteristic also.

(i) it is not lighter in colour than solution with the following

composition:—

Quarter normal aqueous solution of :—

(a) Ferric Chloride (FeCL 3 6H2 O),

(b) Cobitous Chloride (C o cl2,6h2o),

(c) Copper Sulphate (C u SO4, 5H 2 O), mixed in the ratio of 6: 3 : 1 : and

(ii) it has flashing point below 6c; 60 of centigrade thermometer.

15. Tobacco for hookah, that is to say, tobacco paste ready for use in

hookah.

16. Texts & exercise books for educational purpose and such other sacred books as may be prescribed.

17. Water,but not aerated or mineral waters when sold in bottles or sealed containers.

18. Electrical energy.

19. Raw jute.

20. Plain paper, commonly known as Darbar Paper, Government Paper

'cartridge paper' sold by Government

Treasuries through the agency of licensed stamp vendors.

21. Eggs

22. Sag and tapicca globules.

23. Charkha.

18

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

24. Cotton.

25. Handloom Woven—

(a) Gamchas.

(b) Khaddar or Khadi. Except those made from silk yarn.

(c) Garments made of khaddar or khadi referred in sub-item (b).

(d) Handicraft goods locally produced only.

26. Mustard Oil, rape oil and mixtures of mustard and rape oil.

27. Newspapers.

28. Mustard seed and rape seed.

29. Flowers and plants.

30. Vegetables seeds.

31. Hosiery goods.

19.

SCHEDULE — II

(See Section 5)

1. Motor Vehicles, including chassis of motor vehicles, motor tyres and tubes and spare parts accessories

and component parts, of motor vehicles.

2. Motor cycles and cycle combinations, motor scooters, motorettes and tyres, tubes and spare parts

accessories and component parts, of motor cycles, motor scooters, and motorettes.

3. Refrigerator, air-conditioners, air-coolers and air-conditioning plants, and spare parts, accessories and

component parts thereof.

4. Wireless reception instruments and apparatus, radios and radio-gramophones, television sets, elec-

trical valves, transistor radios, accumulators, amplifiers and loud-speakers and spare parts accessories

and compenent parts thereof.

5. Cinematographic equipment including cameras, projectors and sound recording and reproducing equip-

ment and spare parts accessories and component parts thereof lenses, films and parts and accessories

required for use therewith.

6. Photographic and other cameras and enlargers and spare parts accessories and component parts thereof,

lences, and plates, paper and cloth, and other parts and accessories required for use therewith.

7. All clocks timepieces and watches and parts thereof.

8. Iron and steel safes and almirahs.

9. All arms including rifles, revolvers and pistols, and ammunition for the same.

10. Cigratte cases and lighters.

11. Dictaphone and other similar apparatus for recording sound and parts thereof, and electro-magnetic

recording tapes including cassette tapes whether pre-recorded or not.

12. Sound transmitting equipment includnig telephones and loudspeakers and spare parts thereof.

13. Typerwriters, tabulating machines, calculating machines, duplicating machines and address printing

machine and parts thereof.

14. Binoculars, telescopes and opera glasses.

15. Gramaphones and component parts thereof and records.

16. Cushions, mattresses, pillows and other articles made wholly or partly of rubber foam.

17. Cushions, mattresses, pillows and other articles made wholly or partly of artificial or synthetic resin and

plactic foam.

18. Vaccum flasks of all kinds and descriptions including refills for such flasks.

19. Articles made wholly or principally of stainless steel except tumblers, dishes and plates only such varie-

ties of them as are commonly known as gelas, thala and rekabi, respectively.

20. Furniture made wholly or principally of iron or steel.

21. Furniture made wholly or principally of aluminium.

22. Uphoslstered wooden furniture.

23. Perambulators including push-chairs for babies and spare parts, accessories and component parts thereof,

24. Carpets of all varieties and description except locally produced.

25. Linolium.

26. Lifts, whether operated by electricity or steam, and spare parts, accessories and component parts thereof.

Exhaut fans and air circulators and spare parts, accessories and component parts thereof.

27. Electric heaters of all varieties and descriptions.

28. Diamond.

29. Precious synthetic stones other than diamond - real or artificial.

30. Pearls-real, artificial or cultured.

20.

32. Golden and silver filigree

33. Furs and articles made of fur.

34. Marble chips, marble or mosaic floor and wall tiles, and articles made of marble or mosaic.

35. Laminated sheets, like formica, Sunmica, etc.

36. Perfumes.

37. Ornaments set with diamond or stones (real or artificial) or with pearls (real, artificial or cultured).

38. All kinds of paints, including acrylic and plastic emulsion paints, lacqUeres, distempers,cement colours.

of paints, enamels, liquid paints, stiff paste paints, powder paints, whether ready for use or not.

39. Varnishes, vegetable paints removers and stainers of all kinds.

40. Cosmetics of all varieties, but excluding hair oil.

21.


Sale tax is a permanent source of substantial revenue of the States and has, as such, been adopted

in almost all the States of India in view of increasing expenditure on social services and in the context on large

development needs. The need for such a tax is all the more imperative in the State due to deficit budgets

and financial ringencies. No doubt, the tax which is existence at present by the way of Notification, is based

neither on any fiscal policy nor any pattern existing in other sister States. The rate of tax is also very low

and several items are not included therein.

Experience of the working of the existing system has revealed certain lacunae in the law which has

resultated in evas ion of sales tax. In order to insure proper realisation of sales tax, it is necessary to plug

loopholes in the Law and to create and tighten up the administrative machinery responsible for the collection

of tax.

As such this Bill is brought with the following points:—

(i) Tax free goods are given in Schedule I whereas goods to be taxed at 10 paise in the rupee are given

goods.

(ii) liability to pay tax of a dealer shall start from the year in which he starts his business in taxable

goods.

(iii) It is proposed to set up administrative machinery and Appellate authority for enforcing the provision

of the Bill and to hear the aggrieved party respectively.

(iv) The provision is made for reassessment of tax on escape or under assessed turnover .

(v) Adequate provision is being made for recovery of tax due from a dealer. Provisions are sought to

be for assessment and recovery of tax on transfer of business, dissolution of firm and the like.

The previous sanction of the President has been obtained under the proviso to Article 304 (b)

of the Constitution for introduction and moving of this Bill in the State Legislature.

(N. B. BHANDARI),

CHIEF MINISTER, IN-CHARGE,

DEPARTMENT OF FINANCE.

RECOMMENDATION OF THE GOVERNOR UNDER ARTICLE 107 (3) OF THE CONSTITUTION

OF INDIA.

The Governor having been informed of the subject matter of the Sikkim Sales Tax Bill, 1983

for consolidating and amending the law relating to the levy of tax on sale of goods in the State of Sikkim

has been pleased to recommend the consideration of the said Bill by the Sikkim Legislative Assembly.


The Bill when enacted will prove an effective measure in rationalising the existing tax structure

and help the Department to check evasion of tax and to increase the revenue of the State.

For the effective implementation of the provisions of this Bill some extra staff at the field level

is very essential. It is estimated that a sum of rupees two lakhs per annum is likely to be spent for this purpose.

Clause (i) (a) of Section £ of the Bill provides for the levy of the Tax at the rate of 10%. This

is likely to yield additional income of rupees twenty five lakhs per annum.


Clause 28 of the Bill empowers the State Government to make rules for carrying out the pur-

poses of the Act. These rules will relate to matters of detail or procedure only, As such, the delegation lower is

of a normal character.

By Order

R K. GUPTA,

Secretary.


________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 47. Gangtok, Wednesday March 30,1983.

_________________________________________________________________________________________


DEPARTMENT OF HEALTH & FAMILY WELFARE

GANGTOK

NOTIFICATION

No. 1/79/PFA Dated Gangtok, the 28th February, 1983.

In excercise of the powers confered by section 8 of the Prevention of Food Adulte-

ration Act,1954 (Act No. 37 of 1954), the Government of Sikkim hereby appoints with imme-

diate effect Shri N.K. Pramanik, 2, Convent Lane, Calcutta-15, Public Health Laboratory, West

Bengal as the Public Analyst for the whole of the state of Sikkim for the purposes of the said

Act.

J. K. THAPA,

Secretary-Health.

NOTIFICATION

No. 1/79PFA Dated Gangtok, the 28th February, 1983.

In excercise of the powers confered by section 9 of the Prevention of Food Adulte-

ration Act,1954(Act No. 37 of 1954), the Government of Sikkim hereby appoints with

immediate effect Shri K.S. Gurung and Shri B. B. Rai, as Food Inspectors for the whole of the

State of sikkim for the purposes of the said Act.

Local areas of the two Food Inspectors will be assigned as under:-

1.North & East Distt. (Except Gangtok town) Shri K.S. Gurung, Food Inspector.

2. Souht & West Distt. Shri B.B. Rai, Food Inspector.

3.Gangtok To be checked by the both Food Inspectors.

J. K TAHPA

Secretary – Health.

__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ________________________________________________________________________

No. 49. Gangtok, Wednesday, April 6,1983.

______________________________________________________________________________________


LAW DEPARTMENT

GANGTOK.

NOTIFICATION

No. 12/LD/RC/83 Dated the 7th March, 1983,




THE STATE BANK OF SIKKIM (ACQUISITION OF SHARES) AND

MISCELLANEOUS PROVISIONS ACT, 1982

(ACT NO. 62 OF 1982)

AN

ACT

to provide, in the public interest, for the acquisition of certain shares of the

State Bank of Sikkim for the purpose of better consolidation and extension of

banking facilities in the State of Sikkim and for matters connected therewith

or incidental thereto.

WHEREAS for the purpose of better consolidation and extension of banking

facilities in the State of Sikkim, it is expedient to provide for a single apex bank-

ing institution in that State, and for that purpose to provide for the acquisition

of certrain shares of the State Bank of Sikkim and for matters connected there

with or incidental thereto;

BE it enacted by Parliament in the Thirty-third Year of the Republic of India

as follows:—

CHAPTER I

PRIMINARY

1. (1) This Act may be called the State Bank of Sikkim (Acquisition Short title

of Shares) and Miscellaneous Provisions Act, 1982. and com-

(2) it shell come into force on such date as the government mencement.

may by notifidation in the offcial Gazetta, appoint. .

2

2. In this Act, unless the context otherwise requires-

(a) “appointed day” means the date on which this Act

comes into force;

Sikkim Act (b) “co-operative bank” means the Sikkim State Co-opera-

No. 12 of tive Bank Limited, a society registered under the Sikkim Co-operative Societies

1978. Act, 1978.

© “notification” means a notification published by rules made under

Offcial Gazette;

(d) “prescribed” means prescribed by rules made under

this Act;

(e) “Sikkim Bank” means the State bank of Sikkim cons-

tituted under the State of Sikkim Proclamation, 19868.

(f) “State Government” means the State Government of

Sikkim;

(g) “United Commercial Bank” means the United Commer-

cial Bank constituted unde section 3 of the banking Companies (Acquisition

5 to 1970. and Transfer of jUndertaking) Act, 1970.

(h) words and expressions used herein and not defined but

1 to 1956. defined in the Companies Act, 1956, shall have the meanings respectively

assigned to hem in that Act.

CHAPTER II

ACQUISITION AND TRANSFER OF CERTAIN SHARES OF SIKKIM

BANK

3. (1) On the appointed day, all the shares in the share capital of the Vesting in

State Bank of Sikkim, other than the shares held by he State Government, shall, the Central

by virtue of this Act, stand transferred to, and shall vest in, the Central Govern- Government

ment. of certain

(2) All the shares which vested in he Central Government under shares of

sub-section (1) shall, by force of such jvesting, be freed and discharged of all Sikkim

trusts, liabilities, obligations, mortgages, charges, lines and other encum- Bank.

brances affecting them, and any attachment or injunction or any decree or

order of any court, tribunal or other authority restricting the use of such shares

in any manner shall be deemed to have been withdrawn.

(3) Notwithstanding the transfer of the shares of the Sikkim Bank

to the Central Government under sub-section (1), any person holding such

shares, who immediately before the appointed day is entitled to payment of

dividened on such shares, shall be entitled to receive from the co-operative

bank-

(a) all dividends accruing due on his shares in respect

of the half-year which ended before the appointed dayand remaining unpaid;

(b) dividends calculated at a rate to be specified by the Cen-

tral Govenrment in respect of any period immediately preceeding the appointed

day for which the Sikkim Bank had not declared any dividend.

CHAPTER III

VESTING OF UNDER TAKINGS OF SIKKIM BANK IN THE CENTRAL

GOVERNMENT

4. On the appointed day, the undertaking of the Sikkim Bank shall, by Vesting of

virtue of this Act, stand transferred to, and shall vest in, the Central Govern under

ment. takings of

Sikkim

Bank.

3

5. (1) The undertakings of the Sikkim Bank shall be deemed to include General

all assets, rights, powers, authorities and privileges, and all property, movable effect of

and immovable, cash balances, reserve funds, investments and all other rights vesting.

and interests in, or arising out of, such property as were immediately before the

appointed day in the ownership, possession, power or control of the Sikkim

Bank m relation to its undertakings, and all books of account, registers, records

and all other documents of whatever nature relating thereto and shall also be

deemed to include all borrowings, liabilities and obligations of whatever kind

then subsisting of the Sikkim Bank in relation to its undertakings.

(2) Unless otherwise expressly provided in this Act, all contracts,

deeds, bonds, agreements, powers of attorney, grants of legal representation

and other instruments of whatever nature subsisting or having effect immediatey

before the appointed day and to which the Sikkim Bank is a party or which are in

favour of the said Bank shall be of as full force and effect against or in favour

of the Central Government.

(3) If on the appointed day, any suit, appeal or other proceeding of

whatever nature in relation to any business of the undertakings which have been

transferred under section 4 is pending by or ..against the Sikkim Bank, the same

shall not abate, be discontinued, or be in any way prejudicially affected by rea

son of the tranfer of the undertakings of the Sikkim Bank or of anything contained

in this Act, but the suit, appeal or other proceeding may be continued, prose-

cuted or enforced by or against the Central Government.

6. (1) Notwithstanding anything contained in sections 3, 4 and Vesting of

5,the Central Government shall, as soon as may be, after the commencement the shares

of this Act, direct, by notification, that the shares of the Sikkim Bank which and Under-

have vested in the Central Government under section 3 and the undertaking, takings of

of'' the Sikkim Bank which have vested in the Central Government under Sikkim

section 4 shall, instead of continuing to vest in the Central Government, Bank in the

vest in the State Government of Sikkim, on the date of the notification. State

Govern-

ment (2) Where the shares and the undertakings of the Sikkim Bank

vest in the State Government under sub-section (1), the State Government

shall on and from the date of such vesting, be deemed to have become

the owner in relation to such shares and undertakings and all the rights and

liabilities of the Central Government in relation to such shares and under-

takings shall, on and from the date of such vesting, be deemed to have

become the rights and liabilities, respectively, of the State Government.

7. (1) Notwithstanding anything contained in sections 4, 5 and 6, Power of

the State Government may, if it is satisfied that the co-operative bank is willing State

to comply, or has complied, with such terms and conditions as that Government Govern-

may think fit to impose, including the terms and conditions regarding allotment ment to

of its shares, direct, by notification, that the undertakings of the Sikkim Bank direct ves-

which have vested in the Central Government under section 4 and thereafter ting of the

in the State Government under section 6, shall, instead of continuing to vest under-

in the State Government, vest in the co-operative bank either on the date of takings of

the notification or on such earlier or later date (not being a date earlier than the Sikkim

appointed day) as may be specified in the notification. Bank in the

Sikkim Co- (2) Where the undertakings of the Sikkim Bank vest in the co-ope- operative

rative bank under sub-section (1), that bank shall, on and from the date of such bank

vesting,be deemed to have become the owner in relation to such undertakings,

and all the rights and liabilities of the Central Government or the State Govern-

ment in relation to such undertakings shall, on and from the date of such vesting,

be deemed to have become the rights and liabilities, respectively, of the co-ope-rative

bank.

4

CHAPTER IV

PAYMENT OF AMOUNTS

Payment of 8. (1) For the transfer to, and vesting in, the Central Government,

amounts. of the shares of the Sikkim Bank under section 3, there shall be given by

the Central Government to the holders of such shares in cash and in the

manner specified in the Schedule, an amount of rupees eight lakhs twelve

thousand two hundred and ninety-five.

(2) The amount specified in sub-section (1) shall carry simple

interest at the rate of five and a half per-cent. per annum for the period commen-

cing on the appointed day and ending on the date on which payment of such

amount is made to the shareholders.

CHAPTER V

MANAGEMENT, ETC: OF THE UNDERTAKINGS OF SIKKIM

BANK

Manage- 9. (1) the state Government in which the undertakings of the Sik-

ment ect; kim Bank have vested under section 6 shall be entitled to exercise all such powers

of the under- and do all such things as the Sikkim Bank is authorised to exercise and do in

takings of relation to its undertakings.

Sikkim (2) The general superintendence, direction, control and manage-

Bank. ment of the affairs and business of the undertakings of the Sikkim Bank which

have vested under section 4 in the Central Government and under section

6 in the State Government shall, where a direction has been made by the State

Government under sub-section (1) of section 7, vest in the co-operative bank

specified in such direction, and, thereupon, the co-operative bank shall be

entitled to exercise all such powers and do all such things as the Sikkim Bank

is authorised to exercise and do in relation to its undertakings.

Date of 3 10 (1) On the vesting of the undertakings of the Sikkim Bank in the

delivery State Government under section 6, every person in whose possession or custody

possession of or under whose control any property referred to in sub-section (1) of sectioa

property 5 may be, shall deliver the property to the State Government forthwith.

acquired (2) Any person, who, on the appointed day, has in his possession or

and docu- under his control any books, documents or other papers relating to the uader-

ments rela- taking s of the Sikkim Bank which have vested in the State Government under

ting thereto, section 6 and which belong to that Bank, or would have so belonged if the under-

takings of the Sikkim Bank had not vested in the State Government, shall be

liable to account for the said books, documents or other papers to the State

Government and shall deliver them up to the State Government.

(3) The State Government may take, or cause to be taken, all ne-

cessary steps for securing possession of all properties which have vested in

that Government under this Act.

CHAPTER VI

PROVISIONS RELATING TO THE EMPLOYEES OF THE SIKKIM BANK

Transfer 11 (1) Every officer or other employee of the Sikkim Bank (excep-

of Service of ting the Managing Director thereof) in the employment of the Sikkim Bank

existing immediately before the appointed day shall become:—

officers and employees of (a) an officer or other employee of the State Government on

the Sikkim and from the appointed day, and

Bank to the (b) where the undertakings of the Sikkim Bank are directed,

CO-operatlve under sub-section (1) of section 7, to vest in the co-operative bank, an officer

Bank. or other employee of the co-operative bank on and from the date of such vesting,

5

and shall hold his office or service under the State Government or the co-

operative bank, as the case may be, with the same rights and privileges as to

pension, gratuity and other matters as would have been admissible to him if

there had been no such vesting and shall continue to do so unless and until his

employment under the State Government or the co-operative bank, as the case

may be, is duly terminated or until his remuneration and other conditions of

service are duly altered by the State Government, or by the co-operative bank,

as the case may be.

(2) Any person who, on the appointed day, is entitled to, or is in

receipt of, a pension or other superannuation or compassionate allowance or

benefit from the Sikkim. Bank or any provident fund, pension or other fund or

any authority administering such fund shall be entitled to be paid by, and to

receive from, the co-operative bank or any provident fund, pension or other

fund or any authority administering such fund, the same pension, allowance

or benefit so long as he observes the conditions on which the pension, allowance

or benefit was granted, and if any question arises as to whether he has so ob-

served such conditions, the question shall be determined by the State Govern-ment.

(3) Notwithstanding anything contained in sub-section (1) or sub-

section (2), no appointment made or promotion, increment in salary, pension

allowance or any other benefit granted to any person after the 16th day of

November, 1976, and before the appointed day which would not ordinarily

have been made or granted or which would not ordinarily have been admissible

under the rules or authorisations of the Sikkim Bank or of any provident fund

or other fund in force prior to the 16th day of November, 1976, shall have effect

or be payable or claimable from the co-operative bank or from any provident

fund, pension or other fund or from any authority administering the fund,

unless the State Government has, by general or special order, confirmed the

appointment, promotion or increment, or has directed the continued grant of

the pension, allowance or other benefit, as the case may be.

(4) Notwithstanding anything contained in the Industrial Disputes

Act, 1947, or in any other law for the time being in force, the transfer of the

14 of 1947. services of any officer or other employee of the Sikkim Bank to the State Govern-

ment or the co-operative bank shall not entitl such officer or other employee

to any compensation under that Act or under any other law for the time being

in force and no such claim shall be entertained by any court, tribunal or other

authority.

(5) Any person holding office as Managing Director of the Sikkim

Bank immediately before the appointed day shall be deemed to have vacated

his office as such on the appointed day and, notwithstanding anything contained

in this Act or in any other law for the time being in force or in any agreement or

contract, he shall not be entitled to any amount from the Sikkim Bank, State

Governmentvor the co-operative bank for the loss of office or for the premature

termination of any agreement or Contract relating to his employment, except

such pension, amount or other benefit which the co-operative bank may grant

to him, having regard to what that person would have received as an officer

of the Sikkim Bank if this Act had not been passed and if he had retired from his

employment in the ordinary course.

(6) Where the Managing Director of the Sikkim Bank has, after the

16th day of November, 1976 and before the appointed day, been paid any sum

by way of compensation or gratuity, the co-operative bank shall be entitled to

claim refund of any sum so paid if the payment is not confirmed by the State I

Government by general or special order.

CHAPTER VII

MISCELLANEOUS

12, The provisions of this Act shall have effect notwithstanding anything Act to have

inconsistent therewith contained in any other law for the time being in force overriding

or in any instrument having effect by virtue of any law, other than this Act, effect.

or in any decwree or order of any court tribunal or other authority.

6

Protection of 13 (1) No suit, prosecution or other legal proceedings shall lie against

action taken the Central Government or any officer of that Government or the State Go-

in good vernmentorthe co-operative bank of any officer of the State Government

faith. or the co-operative bank or other person authorised by the Central Government

or the State Government or the co-operative bank, for anything which is in

good faith done or intended to be done under this Act.

(2) No suit or other legal proceeding shall lie against the Central

Government or any officer or other employee of that Government, or the State

Government or the co-operative bank or any officer or other employee of

State Government or of the co-operative bank or other person authorised by the

State Government or the co-operative bank, for any damage caused or likely

to be caused by anything which is in good faith done or intended to be done

under this Act.

Penalties. 14. Any person who:—

(a) having in his possession, custody or control any property

forming part of the undertakings of the Sikkim Bank, wrongfully withholds

such property from the Central Government, or the State Government or

the co-operative bank; or

(b) wrongfully obtains possession of, or retains, any pro-

perty forming part of any undertaking of the Sikkim Bank or wilfully withholds

or fails to furnish to the Central Government or the State Government or the

co-operative bank, or any person or body of persons specified by that Govern-

ment or the State Government or the co-operative bank, any document relating

to such undertaking which may be in his possession, custody or control or fails

to deliver to the Central Government, or the State Government or the co-

operative bank or any person or body of persons specified by the Central Go-

vernment or the State Government or the co-operative bank, any assets, books

of account, registers or other documents in his possession, custody or control

relating to the undertakings of the Sikkim Bank; or

(c) wrongfully removes or destroys any property formingpart

of any undertaking of the Sikkim Bank or prefers any claim under this Act which

he knows or has reasonable cause to believe to be false or grossly inaccurate,

shall be punishable with imprisonment for a term which may extend to two

years, or with fine which may extend to ten thousand rupees, or with both

Offences by 15 (1) Where an offence under this Act has been committed by a

Companies. company, every person who at the time the offence was committed was

charge of, and was responsible to, the company for the conduct of the business

of the company, as well as the company, shall be deemed to be guilty of the

offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any

such person liable to any punishment, if he proves that the offence was com-

mitted without his knowledge or that he had exercised all due diligence to pre-

vent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where

any offence under this Act has been committed by, a company and it is proved

that the offence has been committed with the consent or connivance of or is

attributable to any neglect on the part of, any director, manager, secretary

or other officer of the company, such director, manager, secretary, or other

officer shall be deemed to be guilty of that offence and shall be liable to be pro-

ceeded against and punished accordingly.

Explanation.—For the purposes of this section,: —

(a) " company" means any body corporate and includes

a firm or other association of individuals; and

(b) '' director'', in relation to a firm, means a partner in the

firm.

7

16. (1) The Central Government may by notification, direct that all Delegation

or any of the powers exercisable by it under this Act, other than the powers of powers.

conferred by sections 17 and 18, may also be exercised by such person or persons

as be specified in the notification.

(2) Whenever any delegation of power is made under sub-section

(1),the person to whom such power has been delegated shall act under the

direction, control and supervision of the Central Government.

17. (1) The Central Government may, by notification, make rules Power of

for carrying out the provisions of this Act. Central

Government

(2) Every rule made by the Central Government under this Act to make

shall be laid, as soon as may be after it is made, before each House of Parlia- rules.

ment, while it is in session, for a total period of thirty days which may, be

comprised in one session or in two or more successive sessions, and if, before

the expiry of the session immediately following the session or the successive

sessions aforesaid, both Houses agree in making any modification in the rule or

both Houses agree that the rule should not be made, the rule shall thereafter

have effect only in such modified form or be of no effect, as the case may be;

so however, that any such modification or annulment shall be without pre-

judice to the validity of anything previously done under that rule.

18. If any difficulty arises in giving effect to the provisions of this Act, Power to

the Central Government may, by order, not inconsistent with the provisions remove diffi-

of this Act, remove the dfficulty : culties

Provided that no such order shall be made after the expiry of a period

of two years from the appointed day.

19. On and from the appointed day, any reference to Sikkim Bank in any References

law (other than this Act or the State Bank of Sikkim Proclamation, 1968) or in to Sikkim

any contract or other instrument shall, except as otherwise provided in any gene- Bank in

ral or special order made by the Central Government, be deemed be a reference Other laws.

to the co-operative bank.

20. On the date of the issue of notification under sub-section (1) of section Dissolution

6, the Sikkim Bank shall stand dissolved, and the State Bank of Sikkim Proclama- of Sikkim

tion, 1968, shall stand repealed; and the provisions of section 6 of the Bank.

General Clauses Act, 1897, shall apply to such repeal as if the said Proclama-

10 of 1897. tion were a Central Act.

THE SCHEDULE

[See section 8(1)]

MANNER OF PAYMENT OF AMOUNT FOR THE TRANSFER OF SHARES

OF THE STATE BANK OF SIKKIM TO THE CENTRAL GOVERNMENT

1. In this Schedule, "shareholder" means any person who, immediately

before the appointed day, is registered as the holder of a share in the Sikkim Bank,

other than the State Government of Sikkim.

2. For every share in the share capital of the Sikkim Bank which, by rea-

son of this Act, is transferred to and vested in the Central Government, the

Central Government shall pay to every holder thereof in the manner specified

in paragraph 3 of this Schedule an amount calculated at the rate of rupees fifty-

five per share.

8

3. Every person who is registered as the holder of a share in the Sikkim

Bank on the appointed day and whose shares have been acquired under the pro-

visions of this Act shall, for every such share so held by him be paid an amount

calculated at the rate specified in paragraph 2 by cheque drawn on the Reserve

Bank of India.

By Order,

GIANI ZAILA SINGH

President.

_____________________

R.V.S. PERI SASTRI

Secretary to the Govt, of lindia

B. R. PRADHAN

Secretary to the Government of sikkim

Law Department

F.No. 11(256)LD/82

__________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 50 Gangtok, Wednesday, April 6,1983.

_______________________________________________________________________________________


LAW DEPARTMENT

GANGTOK.

NOTIFICATION

No. 2/LD/1983. Dated the 6th April, 1983.


the Government on 31st day of March, 1983, is hereby published for general information:—

THE SIKKIM APPROPRIATION ACT, 1983

(ACT NO. 2 OF 1983)

AN

ACT

[ 31. 3. 1983 ]

to authorise payment and appropriation of certain further sum from and out of the Consolidated Fund

of the Stateof Sikkim for the services of the Financial year, 1982-83.

BE it enacted by the Legislature of the State of Sikkim in the Thirty-fourth

Year of the Republic of India as follows:—

Short title 1 . This Act may be called the Sikkim Appropriation Act, 1983.


Rs. 5, 33,84,000 out paid and applied sums not exceeding those specified in column 3 of the sche-

of the Consolidated dule amounting to five crores thirty three lakhs eighty four thousands of ru-

Fund of the State pees towards defraying the charges which will come in course for payment

of Sikkim for the during the financial year 1982-83 in respect of the services specified in

Financial year column 2 of the Schedule.

1982-83.

Appropriation 3. The sum authorised to be paid and applied from and out of the Consolidated



2

THE SCHEDULE

( See sections 2 and 3 )

_______________________________________________________________________________________________________

1 2 3

_______________________________________________________________________________________________________

No. SERVICE AND PURPOSES SUMS NOT EXCEEDING

of Voted by the Charged on

Vote Legislative Assembly the Consolidate

Fund


_______________________________________________________________________________________________________

1. State Legislature Revenue 350 — 350





Capital 1900 — 1900



Capital 200 — 200




11. Income Tax and Sales Tax Revenue 114 — 114



Capital 12 1329 1341

13. Food and Civil Supplies Revenue 235 — 235

14. Forest and Soil Conservation Revenue 3099 — 3099

15. Fisheries and Wild Life Revenue 410 — 410

16.. Home Department Revenue 1601 80 1681



20. Government Institute of

Cottage Industries Revenue 45 __ 45

23. Land Revenue Revenue 3072 __ 3072

24. Law Department Revenue 24 __ 24

25. Local Self Government Revenue 80 __ 80

Capital 550 __ 550

26. Medical and Public Health Revenue 5194 __ 5194

27. Motor Vehicles Revenue 167 __ 167

29. Power Revenue 3513 __ 3513

30. Press, Information and Public

Relations Revenue 76 __ 76

32. Roads and Bridges Revenue 775 __ 775

33. public Works and Water

Supply Revenue 770 __ 770

34. Rural Development Revenue 8147 __ 8147

36. Sikkim Nationalised Trans-

port. Revenue 4175 __ 4175

37. Tourism Revenue 98 __ 98

____________________________________________________

Total 49719 3665 53384

____________________________________________________

B. R. PRADHAN


Law Department

F. No. 16(82)LD/1979.

_______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 51 Gangtok, Wednesday, April 6, 1983.

________________________________________________________________________________________


LAW DEPARTMENT

GANGTOK.

NOTIFICATION

No.3/LD/1983. Dated the 6th April, 1983.


the government on 31st day of March, 1983, is hereby published for general information:—

THE SIKKIM APPROPRIATION ACT,1983

(ACT NO. 3 OF 1983)

AN

ACT

[31. 3. 1983]

to authorise payment and appropriation of certain sum from and out of the Consolidated Fund of the

state of sikkim for the services of the Financial year, 1983-84.

BE it enacted by the Legislature of the State of Sikkim in the Thirty-fourth Year of the Republic

of India as fbllows::—

short title 1. This Act may be called the Sikkim Appropriation Act,1983,


Rs.58,77,45,000 out paid and applied sums not exceeding those specified in column 3 of the

of the consolidated Schedule amounting to the sum of fifty eight crores seventy seven lakhs and

fund of the state forty five thousands of rupees towards defraying the several charges which

of sikkim for the will come in course for payment during the financial year 1983-84, in res-

financial year pect of the services specified in column 2 of the Schedule.

1983-84

Appropriation. 3. The sums authorised to be paid and applied from and out of the Consolidated



2

THE SCHEDULE

( See section 2 and 3 )

________________________________________________________________________________________________________

1. 2. 3.

________________________________________________________________________________________________________

No. SERVICE & PURPOSES SUMS NOT EXCEEDING

of Voted by the Charged on the total

Vote Legislative Consolidated

Assembly Fund

________________________________________________________________________________________________________

1. State Legislature Revenue 1645 60 1705

Capital 9 _ 9

Appropriation-Governor Revenue _ 1359 1359

Capital 7 _ 7

2. Cabinet Revenue 2775 _ 2775

Capital 15 _ 15

3. Agriculture Revenue 22715 _ 22715

Capital 3090 _ 3090

4. Animal Husbandry Revenue 14803 _ 14803

Capital 1850 _ 1850

5. Co-operation Revenue 2935 _ 2935

Capital 1520 _ 1520

6. Ecclesiastical Department Revenue 1167 _ 1167

Capital 6 _ 6

7. Education Revenue 47654 _ 47654

Capital 7052 _ 7052

8. Establishment Department Revenue 409 _ 409

Capital 7 _ 7

9. Excise (Abkari) Revenue 1006 _ 1006

Capital 20 _ 20

10. Finance Department Revenue 1290 _ 1290

11. Income Tax and Sales Tax Revenue 446 _ 446

Capital 6 _ 6



Capital 1970 8213 10183

13. Food and Civil Supplies Revenue 1470 _ 1470

Capital 520 _ 520

14. Forest Revenue 21420 _ 21420

Capital 15 _ 15

15. Soil and Water Conservation Revenue 17780 _ 17780

Capital 10 _ 10

16. Fisheries and Wild Life Revenue 4437 _ 4437

Capital 1495 _ 1495


Capital 1078 _ 1078

18 Administration of Justice Revenue 860 803 860

Capital 30 _ 30

19. Police Revenue 23430 _ 23430

Capital 1200 _ 1200

20. Industries Revenue 8605 _ 8605

Capital 5117 _ 5117

21. Government Institute of Cottage

Industries Revenue 4120 _ 4120

Capital 207 _ 207

22. Mines and Geology Revenue 1330 _ 1330

Capital 1675 _ 1675

23. Labour Welfare Revenue 210 _ 210

Capital 3 _ 3

3

____________________________________________________________________________________________________________________

1 2 3

____________________________________________________________________________________________________________________


Capital 40 — 40


Capital 7 — 7


Capital 1475 — 1475


Capital 4300 — 4300


Capital 7 — 7

29. Planning and Development Revenue 1800 — 1800

Capital 10 — 10


Capital 20974 — 20975

31. Press, Information and Public


Capital 37 __ 37


Capital 6 — 6

33. Roads and Bridges Revenue 67734 — 67734

Capital 51250 — 51250

34. Public Works and Water Supply Revenue 11595 — 11595

Capital 19150 — 19150


Capital 50 — 50

36. Scheduled Castes and Scheduled

Tribes Welfare Revenue 5175 — 51755

Capital 6 — 6

37. Sikkim Nationalised Transport Revenue 37335 — 37335

Capital 8475 — 8475

38. Tourism Revenue 3260 — 3260

Capital 415 — 415

______________________________________________________

Total 56,65,78 2,11,67 58,77,45

_______________________________________________________

B. R. PRADHAN,


Law Department.

F. No. 16 (82) LD/1979.

____________________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



________________________________________________________________________________________


LAW DEPARTMENT

GANOTOK.

NOTIFICATION

No. 4/ LD/1983. Dated the 6th April, 1983.


the government on 31st day of March, 1983, is hereby published for general information:—

THE SIKKIM SALES TAX ACT, 1983

(ACT NO. 4 OF 1983)

AN

ACT

[31.3.1983]

to consolidate and amend the law relating to the levy of tax on sale of goods in

the state of Sikkim.

BE it enacted by the Legislature of Sikkim in the Thirty fourth Year of the

Repuliic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Sikkim Sales Tax Act, 1983. Short title,

extent and

commencement,

(2) It extendi to the whole of Sikkim.

(3) It shall come into force on such date as the State Government may,

by notification in die Official Gazette, appoint.

2. In this Act unless there is anything repugnant in the subject or context- Definitions.

(a) "business" includes any trade, commerce or manufacture or any ad-

venture or concern in the nature of trade, commerce or manufacture

carried on with or without a motive for profit whether or not any

profit accrues from such activities and any transaction ancillary or in-

cidental to or in connection with such trade, commerce or manufacture

or adventure or concern;

2

(b) "Commissioner" means the Commissioner of Commercial Taxes ap

pointed under sub-section (i) of section 3;

(c) "dealer" means any person who carries on business of buying and

selling of any goods for commission, remuneration or otherwise and

includes any firm, Hindu-Undivided family, company, corporation,

a department of Government, society, club or association;

Explanation i.—A factor, broker, commission-agent, del- credere, agent

auctioneer or any other mercantile agent, by whatever name called, who carries on the

business of buying or selling of goods and who has, in the course of his business, autho-

rity to sell goods belonging to their owners, shall be deemed to be a dealer for the

purposes of this Act;

Explanation 2,—The manager pr agent of a dealer residing outside the state,

and who sells or purchases goods in the State, shall in respect of suchbusiness be dee-

med to be a dealer for the purpose, of this Act,

(d) "declared goods" means, the goods declared by section 14 of the Cen-

74 of 174of 1956 tral Sales Tax Act,1956 to be of special importance in inter state trade

or commerce,

(e) "goods" means all kinds of movable property in solid, liqued or ga-

seous form, and -includes all materials, commodities,articles and also

electricity but does not include newspapers, actionable claims, stocks

shares and securities;

Explanation.— Materials, commodities and articles attached to or forming

part of immovable property which are agreed to be severed under the contract of sale

shall be deemed to be goods within the meaning of this clause;

(f) "manufacture" with all its grammatical variations and cognate expres-

sions, means producing, making, extracting, altering, ornamenting,

finishing or otherwise processing or adopting any goods but does not

include such manufacture or manufacturing process as may be prescri bed

(g) ”notification” means a notification published in the Official Gazette; (h)

(h) "place of business" includes:—

(1) in the case of any dealer who carries on business through

an agent (by whatever name called), the place of buisness

of such agent;

(2) a warehouse, godown or other place where a dealer stores his

goods; and

(3) a place, where a dealer,keeps his books of accounts;

(i) "prescribed" means prescribed by rules made underthis Act;

(j) "prescribed authority" means such authority as may be prescribed

(k) "registered dealer" means a dealer registered under section 10,

(1) "rules" means the yules niade under this Act;

(m) "sale" with its grammatical variations and cognate expressions,

means any transfer of property in goods by one person to another for

cash or for deferred payment or for any other valuable conside-

ration, and includes a transfer of goods on hire-purchase or other system

of payment by installments but does not include a mortgage or hypo-

thecation of or a pledge on goods;

Explanation1..—Transfer of goods on hire-purchase or other system of pay-

ment by instalments shall be deemed to be a sale if and when there is atrensfer of pro-

perty in the goods from the seller to the buyer;

Explanation 2.—A barter, that is, safe byexchange of goods shall jbe deemed

to be a sale only when the exchange is based or worked but in terms of the value of the

goods exchanged;

3

Explanation 3.—A sale of goods shall be deemed to have taken place in the

state if it fulfils the requirements of sub-section (2) of section 4 of the Central Sales Tax

Act, 1956 74 of 1956.

(n) "sale" price" means the amount payable to a dealer as consideration for

the sale of goods, less any sum allowed as cash discount but

inclusive of any sum charged for anything done by the dealer

in respect of the goods at the time of or before the delivery

thereof other than the cost of freight or delivery or the cost

of installation in cases where such cost is separately charged;

Explanation 1.—The term cash discount shall refer only to the discount allowed

by othe seller to the buyer for the prompt or prior or early payment of sale price accor-

ding to practice prevailing in the trade;

Explanation 2 .—The tax levied under this Act on the transaction of sale shall

not form part of the sale price for the purpose of this Act, only if it is actually leviable

under this Act on the seller and is recovered by the seller from the buyer by showing

it separately as such in the cash memos, invoices or other sale memoranda;

Explanation 3..—In respect of goods sold on hire-purchase system, the sale

price on the date on which property in the goods passes to the buyer shall be such

as may by prescribed;

(o) "Sikkim" means the territory comprised in the State of Sikkim;

(p) "State Government" means the Government of Sikkim;

(q) "tax" means tax payable under this Act;

(r) "turnover" used in relation to any period means the aggregate of sale

prices or part of sale prices receivable or if a dealer so elects, actually

received by the dealer during such period after deducting the amounts

if any, refunded by the dealer in respect of any goods retui ned by the pur-

chaser within such period as may be prescribed :

Provided that an election as aforesaid once made shall not be

altered except with the permission of the Commissioner and on such terms

and conditions as he may think fit to impose;

Explanation,.— the turnover of sales shall include amounts realised by a dealer by

sale of surplus unserviceable and discarded goods, fixed or other assets of the business,

bye-produtcts and subsidiary products of manufacture or processing but shall not include

sales in canteen owned and run by the dealer for the benefit of his workman or labourers;

(s) "year" means the financial year commencing on the first day of April and

ending on 31st day of March next following.

CHAPTER II

Taxation authorities

3. (1) For carrying out the purposes of this Act, the State Government may Taxing Autho-

appoint a person to be Commissioner of Commercial Taxes and such rities.

other persons with such designation to assist him as may be necessary

and as may be specified in this behalf by the State Government by noti-

fication.

(2) The Commissioner and other person appointed under sub-section (1)

shall exercise such powers as may be prescribed and perform such duties

as are imposed upon them by this Act or rules made thereunder within

such areas in the State as may be specified in this behalf by the State

Government by notification.

(3) All persons appointed under sub-section (1) shall be deemed to be public

servants within the meaning of section 21 of the Indian Penal Code. 45 of 1860.

4

CHAPTER III

Incidence of Taxation

Incidence of 4. There shall be paid by every dealer who sells goods, manufactured or

taxation. imported by him, in the State, a tax on sales made on and from the date of commencement

of this Act.

Rate of tax. 5. (1) The tax payable by a dealer under this Act shall be levied on taxable

turnover at the following rates,—

(a) in respect of goods specified in Schedule II, at the rate of ten

paise in the rupee;

(b) in respect of declared goods, at such rate not exceeding four

paise in the rupee as the State Government may, from time to:

to time by notification, specify;

(c) in respect of any other goods, at such rate not excexceeding five

paise in the rupee as the State Government may, from time

to time, by notification specify.

(2) Notwithstanding anything contained in sub-section (1), the State Govern-

ment may, in public interest, by notification and subject to such conditions

as may be specified therein, direct that no tax or a lower rate of tax shall

be payable in respect of any specified transactions or goods or class of

dealers and such notification may be given such retrospective or prospective

effect as may be specified therein.

(3) For the purposes of this Act, the expression "taxable turnover means that

part of dealer's gross turnover during the prescribed period in the year

which remains after deducting therefrom—

(a) his turnover during that period on—

(i) the sales, at the subsequent stages of sales, ofsuch goods

as are specified, by a notification, issued under section

6 to be subject to tax at the first point in the series of

sales in Sikkim in respect of which tax due under

this Act is shown to have been paid to the satsfaction

of the prescribed authority;

(ii) the sales of goods exempted under section8;

(iii) the transactions not liable to tax under section 9;

(iv) the sales of goods which are proved to the satisfaction

of the Commissioner to have already been subjected to

tax under this Act;

(v) the sales to a registered dealer—

(a) of goods of the class or classes specified in the

certificate of registration of such dealer as

being intended for use by him as raw materiles

in the manufacture in the State of any goods

other than goods declared as tax-free under

section8,—

(1) for sale inside the State; or

(2) for sale in the course of inter-state trade

or commerce, being sale occasinning of

effected by transfer of document


of such goods from the State;

(3) for sale in the course of export outside

India being a sale occasioning the move-

ment of such goods from the state or

a sale effected by transfer of documents


of such goods from the State, to a plase

outside India and after the gcoods cros-

sed the customs frontiers of India; or

5

(b) of the goods other than those notified under

section 6 as taxable at the first point in the series

of sales, of the class or classes specified in the

certificate of registration of such a dealer as

being intended for re-sale by him in the State or

for sale in the course of inter-State trade or

commerce or in the course of export outside

India in the manner specified in item (2) or

item (3) of item (a) of this sub-clause as the

case may be; and

(c) of containers or other materials for the packing

of goods of the class or classes specified in the

certificate of registration of such dealer, other

than declared goods intended for sale or re-sale:

Provided that no deduction in respect

of sale referred to in sub-clause (v) shall be

allowed unless a true declaration duly filled

and signed by the registered dealer to whom the

goods are sold and containing the prescribed

particulars in the prescribed form is furnished

in the prescribed manner and within the pres-

cribed time, by the dealer who sells the goods:

Provided further that where any goods

are purchased by a registered dealer for any of

the purposes mentioned in sub-clause (v) but

are utilised by him for a different purpose, the

price of the goods so purchased shall be allowed

to be deducted from the gross turnover of selling

dealer but shall be included in the taxable turn-

over of the purchasing dealer;

(vi) such other transactions as are exempted from payment

of tax by a notification issued under sub-section (2).

6. Notwithstanding anything contained in this Act, the Government may, by notifica- Power of

tion Official Gazette, specify the point of sale at which any goods or class of goods Government to

may be taxed. prescribe point

at which goods

may be taxed. 7. The burden of proving that the dealer is not liable to pay tax under this Act in res- Burden of proc

pect of any sale effected by him, shall lie on him.

8. (1) No tax shall be payable under this Act on the sale of goods specified in Tax-free goods.

Schedule I subject to the conditions and exceptions, if any, set out therein.

(2) The State Government, after giving by notification such previous notice as

it considers reasonable of its intention so to do, may add to or omit

from, or otherwise amend Schedule and thereupon the said Schedule

. shall be deemed to be amended accordingly:

Provided that the said notification may be given such retrospective

or prospective effect as may be specified therein.

9. Nothing in this Act or the rules made thereunder shall be deemed to impose or Certain sales and

authorise ithe imposition of tax on any sale or purchase of any goods when such sale or pur- purchases not

chase tackes place:— liable to tax.

(1) in the course of inter-State trade or commerce; or

(ii) outside the State; or

(iii) in the course of import of goods into, or export of goods out of, the terri-

tory of India.

6

CHAPTER IV

Registration of dealers, etc.

Registration of 10. (1) Every dealer liable to pay tax under this Act shall apply within

dealers. 30 days of his becoming so liable to the prescribed authority for

registration under this Act.

(2) No dealer liable to pay tax under this Act, shall sell or purchase goods

unless he is in possession of a valid registration certificate granted to him

by or on behalf of the prescribed authority or has applied for such Regis-

tration within the time specified in sub-section (1) and his application

has not been finally disposed of by the said authority.

(3) The prescribed authority may, on receipt of application in the prescribed

form from a dealer for registration, and on being satisfied that the applica-

tion is in order grant registration from such date as may be secified, to

such dealer:

Provided that the said authority granting the certficate may

demand such security from the dealer as may be prescribed before the

registration is granted to him:

Provided further that no application for registration mad3e by

a dealer shall be refused, or partly granted unless he has been given a rea-

sonable opportunity of being heard before the order is passed.

(4) If the prescribed authority is satisfied that a dealer liable to pay tax under

this Act has failed to apply for and get himself registered, it may be a

notice in writing, direct the dealer to apply for and get himself registered

within 15days of the service of the notice, failing which the delere shall

be liable to pay a penalty of rupees twenty five for each day's deley after

the expiry of the said period of 15 days :

Provided that the said authority may, on an application by the

dealer and for reasons to be recorded in writing, reduce or waive the

penalty, if it is satisfied that the delay has been caused by reasons bayond

the control of the dealer.

(5) The registration certificate shall be in prescribed form and shall contain;

such particulars as may be prescribed.

(6) The prescribed authority may on its own motion for reasons to be recorded

in writing or on an application by the dealer, cancel, vary, modify, or

amend any registration certificate granted under sub-section 5.

Provided that a registration certificate shall cease to be ib force

when the dealer has ceased to be liable to pay tax under this Actor his

business has been closed :

Provided further that when the registration certificate isi

cancelled, varied, modified or amended otherwise than on application

by the dealer or wheti the application made by the dealer for the propose

is proposed to be rejected in whole of in part, a reasonable opportunit

of being heard or to show cause against the proposed action shall be give

to the dealer.

(7) The registration certificate granted to a dealer shall not be tnansferable is

and if the business to which it relates is transferred to another dealer,

then, that other dealer shall apply and get himself registered under sub-

section (1) and (2) unless he is,already registered.

CHAPTER V

Return, Assessment, Recovery and Refund of Tax.

Returns and pay- 11. (1) Every registered dealer shall furnish such returns for such periods in such

ment of tax. form, to such authority and within such time as may be presscribed;

7

Provided that if a dealer, having furnished a return discovers

any omission, error or wrong statement therein, he may furnish a revised

return in such manner as may be directed by the aforesaid authority at

any time before the said authority passes the order determining the amount

of tax payable by the dealer for the period for which the return has been

furnished :

Provided further that the said authority may, for reasons to be

recorded and after giving the dealer a reasonable opportunity of being

heard, refuse to take the revised return into consideration if it is satisfied

that the original or the revised return wasdeliberately false and it was

furnished with intent to defraud the State Government of its revenue.

Explanation— A dealer who is granted registration from any particular date shall also be

liable after the grant of such registration, to furnish return also for the period prior to

such date during which he was liable to pay tax under this Act, in such manner and within

such time as may be prescribed.

(2) The dealer shall, before furnishing any return or revised return referred

to in sub-section (1) pay to the Government in such manner and within

such time as may be prescribed the amount of tax due under this Act

according to the return or the revised return, as the case may be, and fur-

nish along with the return or the revised return, such proof of the pay-

ment of tax due as may be prescribed, and any such return or revised

return if not accompanied by any such proof of payment shall be deemed

invalid and treated as if it has not been furnished.

(3) If a registered dealer fails, without reasonable cause to furnish any valid

return within the time prescribed or within such further time as may be

allowed on application, by the prescribed authority, a penalty at the rate

not exceeding rupees five for each day of delay shall be imposed without

prejudice to any action which is or may be taken under any of the other


12. A rebate shall be allowed at the rate of one per cent, of the amount of tax paid by Rebate.

the dealer within the time prescribed under sub-section (2) of section 11:

Provided that where the amount of tax finally assessed on the dealer is less

than the tax paid by the dealer, the rebate shall be allowed only on the amount so

assessed.

13. (1) If the prescribed authority is satisfied that the return of turnover furnish- Procedure in

ed by a dealer is correct and complete, it may, without requiring the assessment a

presence of the dealer or production of any further evidence by him, re-assessment.

determine the amount of tax due from him.

(2) (a) If the prescribed authority is not satisfied as aforesaid but

requires the presence of the dealer or the production of

evidence by him, it may serve on such dealer a notice in the

prescribed form requiring him or his representative to attend

and produce or cause to be produced on a date to be specified,

any evidence that such dealer may rely on in support of his return.

(b) On the date specified in the notice issued under clause (a) or

on such other date as may be fixed by the prescribed authority

under intimation to the dealer, and after hearing or examining

or taking into consideration such evidence as the dealer may

produce and such other evidence as the said authority may re

quire on specified points, it shall, by an order in writing, assess and determine the tax payable by the dealer:

Provided that no evidence, not produced by or on behalf

of the dealer, shall be taken into consideration without giving

a reasonable opportunity to the dealer to rebut such evidence,

(3) If a registered dealer fails to —

(a) furnish any valid return of turnover as required in sub-section

(1) of section 11,or

8

(b) comply with the notice issued under sub-section (2) of this

section, or

(c) satisfy the assessing authority about the correctnessof the re-

turns furnisned, or

(d) appear or produce or cause to be produced evidence on the

date specified under sub-section (2),

the prescribed authority shall, after giving a reasonable opportunity to the dealer of

being heard, determine the taxable turnover of the dealer to the best of its judgment

and assess the tax on the basis of such determination and may, in addition, im-

pose penalty of an amount not exceeding one half of the amount of tax so assessed

Provided that no penalty under this sub-section shall be imposed unless

the prescribed authority is satisfied that the failure of the dealer was wilful, deli-

berate or unjustified and unless a reasonable opportunity of being hesrd is given

to the dealer :

Provided further that in cases covered by clause (a) of this sub section,

no proceedings for assessment shall be initiated after the expiry of four years from the

expiry of the relevant period due for assessment or in cases in which the assessment

is made as a result of an order in appeal, revision or review, after the expiry of two years

from the date of such order.

(4) If upon information received, the prescribed authority is satisfied that a

dealer liable to pay tax under this Act in respect of any period wilfully

failed to apply for registration under sub-section (1) of section 10 or

having applied, wilfully failed to furnish any particulars or imformation

required for the purpose of registration or having been registered fails

to furnish returns within the period prescribed under sub-section (1)

of section 11, the said authority shall, after giving the dealer a reasonable

opportunity of being heardj assess, according to its best judgment, the

amount of tax due from the dealer for such period or any subsequent periods

and in addition, may impose a penalty of an amount not exceeding one

half of the amount of tax so assessed :

Provided that no proceedings under this sub-section shall be

initiated after four years from the expiry of such period.

Explanation.—For the purpose of sub-section (3) or sub-section (4), as the case may be,

the proceedings shall be deemed to have been initiated when a notice therefor is served

or deemed to have been served on the dealer.

(5) If upon information which has come into possession, the prescribed

authority has reason to believe that any turnover of a registered dealer in

respect of any period has fpr any reason escaped assessment or was under

assessed or assessed at a rate or rates lower than the rate or rates corr ec tly

applicable, or any deduction from turnpyer had been wrongly made , it

shall, within six years of the expiry of such period, serve on the dealer

a notice in the prescribed found and proceed to assess or re-assess u the

amount of tax due from the dealer in respect of such turnover in the man-

ner specified by or under this section :

Provided that the amount of tax shall be assessed or re assessed

after allowing such deduction and applying the same rate of tax as was admi-

ssible during the said period:

Provided further that the said authority may, after giving rea-

sonable opportunity to the dealer of being heard, impose a pennaltynot ex-

ceeding the amount of extra tax found leviable in the proceeding under

this sub-section, if it is satisfied that the escape from assessment or under-

assessment had been caused by the deliberate and wilful failure on the part

of the dealer—

(a) to disclose, at the time of original assessment the particulars of such

turnover; or

(b) to furnish correct particulars.

9

14. (1) The tax admitted by the dealer to be due in any return or revised return Procedure of

furnished by him under-section 11 shall be paid in the manner prescribed payment of tax

by or under sub-section (2) of that section. or penalty.

(2) The amount of the tax and penalty assessed as due from the dealer under

sub-section (3) of section 11 or under section 1 3 after deducting any amount

paid by him along with return under sub-section (2) of section 11 shall

be paid by him in such manner and within such time as may be specified

in the notice of demand in the prescribed Form issued by the prescribed

authority; the date so specified being not less than 30 days from the date of

service of the said notice :

Provided that the said authority may, in its discretion and for

reasons to be recorded, on application by the dealer, extend the date for

such payment or allow the payment to be made in such instalments as may

be determined by it.

(3) If a dealer has failed, without reasonable cause, to make payment of any

amount of tax together with the penalty, if any by the date specified in

the notice issued under sub-section (2) or by the date extended under the

proviso thereto, interest at ten per cent, per annum shall accrue and be

charged on such amount from such date and such interest shall be treated

as if it were tax due under this Act and shall be paid by the dealer in the

prescribed manner:

Provided that interest shall not accrue c?r be charged on, any

amount the recovery of which is stayed under sub-section (5) during the

period the stay operates.

(4) Any amount of tax, penalty or interest due from a dealer, which remains

unpaid may be recovered on application by the prescribed authority to

the Judicial Magistrate of the first class who shall realise it as if it were a

fine imposed by him :

Provided that where, during the proceedings under this sub-

section, the amount of tax, penalty or interest due from the dealer is

reduced as a result of appeal or otherwise, the prescribed authority shall

inform the dealer and the authority before whom the proceedings are

pending, the amount so reduced and the reduced amount shall be deemed

to be substituted for the amount originally intimated to that authority.

(5) Where an appeal against or an application for revision of the assessment

of tax or levy of penalty or interest is entertained, the appellate, or the

revisional authority, as the case may be, may on application, stay recovery

of the tax, penalty or interest in whole or in part,, subject to such con-

ditions as it may impose till such date as it may direct :

Provided that the stay of recovery so granted shall stand vacated

on the date the appeal or the application for revision is finally decided or

. on such other date as the appellate or the revisional authority may direct.

(6) No such proceedings for the recovery of tax under this section shall be

commenced after the expiry of twelve years from the date on which the

assessment was made :

Provided that where the assessment was under appeal or under

any other proceedings under this Act, the aforesaid period of limitation

shall commence from the date the appeal or other proceedings were

terminated.

(1) No person other than a registered dealer shall collect or recover from any Person authc

person any amount towards tax or purporting to be tax under this Act rised to collect

on the sale of goods. tax from purcha

sers. (2) No registrered dealers shall collect from any person any such amount ex-

cept in a case in which, and to the extent to which, such dealer is liable

to pay tax under this Act:

10

Provided that where a registered dealer is in doubt about his lia-

bility, he may collect and keep in deposit the tax so collected towards

his anticipated liability of tax; but.shall refund the deposit to the person

from whom it was collected or to his successors or assigees if any to

the extent upto which it is finally determined in the procceeding under

this Act that the dealer is held not so liable.

(3) Nothing contained in sub-section (1) or sub-section (2) shall relieve a

registered dealer from his liability for the tax under this Act.

Procedure when 16. (1) Subject to such rules as may be made the amount of tax, penalty or

tax is paid in ex- interest paid in excess of the amount finally determined as payable by the

cess. dealer under this Act, shall be refunded to him, on his application within

60 days of the date on which the application is filed by him.

Provided that such application shall not be entertained unless

it is filed before the prescribed authority within twelve months from the

date on which the order of the assessment was passed :

Provided further that where the assessment was under appeal,

revision or any other proceedings under this Act, the said period of limi-

tation shall commence from the date on which order in the appeal, re-

vision or other proceedings is passed :

Provided also that any dealer may, by application request, or

the prescribed authority may, on its own motion, set off the refund due

against any other dues of the dealer under this Act or under any other Act.

(2) Where a tax has been levied under this Act in respect of sales or pur-

chases inside the State of any declared goods and such goods are subse-

quently sold in the course of inter-State trade or commerce the tax so

levied shall be re-imbursed to the person making such sale in the coures of

inter-State trade or commerce, in such manner and subject to such con-

ditions as may be prescribed :

Provided that no such re-imbursement shall be made unless an

application in writing is made before the prescribed authority under this

Act within twelve months of the date on which the ininter- state sale is

made, which period may be extended for sufficient cause by the saidautho-

rity by such time as may be considered necessary by it for resons to be

recorded in writing.

Declaration by 17. (1) Every dealer liable to pay tax under this Act, who is an Undivided Hindu

the dealer. Family, a firm, company, corporation, society, club or association shall

furnish to the prescribed authority in the prescribed manner and within

the prescribed time, a declaration stating the name and prescribed parti-

culars of the person who shall be deemed to be in charge of the business

for the purposes of this Act.

(2) Any statement made, return furnished, accounts, registers and documents

produced or evidence given by such person or any other person authorised

by him or by the dealer in this behalf, in the course of any proceeding

under this Act, shall be binding on and enforceable against the dealer.

CHAPTER VI

Maintenance and production of accounts by the dealer.

Liability to 18. (1) Every registered dealer shall keep a true and complete account in respect

maintain and of all goods produced, raised, manufactured, processed, purchased,sold

produce account or delivered by him:

and supply of

information. Provided that the Commissioner may, by notification lay down

the forms or registers or the manner in which the said dealer shall main-

tain the accounts as aforesaid as well as cash memoranda, bills, invoices

etc., and the dealer shall maintain the accounts and documents according.

11 (2) The prescribed authority may direct the dealer to produce accounts or

any information in such manner as may be required for the purpose of

assessment of tax under this Act if the said authority is not satisfied that

the accounts maintained and produced by the dealer are sufficiently clear

and intelligible for determining the correct amount of the tax payable by

the dealer.

(3) Subject to such rules as may be made by the State Government under this

Act, prescribed authority may, either before or after the assessment of

tax under this Act, require any dealer, including a dealer not registered

under this Act, to produce before him all or any of the accounts, registers

and documents maintained by the dealer and also to furnish any information

relating to financial transactions of the dealer relating to his business,

including information regarding stocks of goods held, imported, produced,

manufactured, processed, bought, sold or delivered, the sale price realised,

the profit derived therefrom, and the dealer shall comply with such re-

quirements.

(4) Subject as aforesaid, all accounts and documents connected with the

business of the dealer, stocks of all goods purchased or kept by him for

sale, the cash, or bank pass books, statements or deposit receipts kept

in any place of business shall at all reasonable times, be open to inspection

and search by the prescribed authority or by any person appointed to assist

him under sub-section (1) of section 3 or by such other person as may be

authorised by him for the purpose in writing and the dealer shall render all

possible assistance to such authority or person in the search or inspection,

as the case may be.

Explanation 1.-- shall be open to the said authority or person to take or cause to be taken

such copies of, or extracts from, the aforesaid accounts, registers and documents as may

be considered by it or him necessary and to require the dealer or any of his employees

present at the time to authenticate or witness such copies or extracts, as the case may be.

Explanation2.—The authority or person may, subject to such rules as may be made, break-

open any door, window, almirah, safe or other containers in the place of business in which

he has reson to believe that the dealer has kept or is keeping any accounts, registers or

documents or stocks of goods or cash relating to the business which the dealer has refused

to open produce them for inspection.

(5) If the prescribed authority has reason to suspect that any dealer is attemp-

ting to evade the payment of any tax due under this Act or under the Central

Sales Tax Act, 1956, such authority or person may, for reasons to be 74 of 1956.

recorded in writing, seize or cause to be seized such accounts, registers or

documents including bank pass books or statements, as may be considered

necessary, and shall grant a receipt for the same. Such seized accounts,

registers or documents may be retained by the said authority for so long as

may be necessary for examination or for conducting any prosecution under

section 2 3 and shall thereafter be returned to the dealer who shall acknow-

ledge in writing the receipt of the same:

Provided that the seized accounts, registers and documents shall

not be retained by any authority other than the prescribed authority for

over 90 days save with the approval, in writing, obtained from the

prescribed authority.

19. (1) Notwithstanding anything contained to the contrary in any agreement, Liability on

contract or understanding, when the ownership of a business of a dealer transfer of

liable to pay tax under this Act, is transferred in whole or in part, the ness.

transferor or the transferee shall be jointly or severally liable for informing

the particulars of the transfer to the prescribed authority in such manner

as may be prescribed and for the payment of any tax, penalty or interest,

if any, payable in respect of such, business and remaining unpaid at the time

of such transfer.

12

(2) Where a dealer from whom any amount is due towards tax, penalty or

interest dies, the executor, receiver, manager, administrator or successors-

in-interest to his estate or any other legal representative including a

Court of Wards shall be liable to iriform the prescribed authority in such

manner as may be prescribed and to pay out of the property of the deceased

the amouut so payable and shall also be liable and responsible to attend and

participate or be represented in all proceedings under this Act pending

at the time of the death of the dealer :

Provided that nothing in this sub-section shall require re issue

of notices or intimation already issued to the dealer and the proceedings

pending on the date of death of the dealer shall be continued as if the said

dealer is substituted by the person or persons mentioned in this sub- section.

(3) Where the dealer is a minor or is incapacitated and his business is carried on

by any other person on his behalf whether he be a guardian, trustee or

agent, such person shall inform the prescribed authority and the tax shall

be assessed upon and be recoverable from such person as if he were the dealer. •

(4) Where the dealer is an Undivided Hindu Family, firm or other association

of persons, and such family, firm of association is partitioned, dissolved

or business thereof is, due to any reason, disrupted, as the case may, the

tax, penalty and interest for the period or periods upto the date of such

partition, dissolution or disruption may be assessed, imposed and levied as

if the partition, dissolution or disruption has not taken place and every

person who was at the time of such partition, dissolution or diruption

a member of such family, firm or association shall be liable severally

jointly for furnishing such particulars as may be prescribed and for the

payment of such tax, penalty or interest, whether the assessment im-

position or levy was made before or after such partition, dissolution or

disruption.

CHAPTER VII

Suits, Appeal, Revision and Review.

Bar to certain 20. (1) No assessment made, proceedings taken or order passed under this

proceedings. Act shall be called into question in any civil court save as provided ini

this Act.

(2) No suit, prosecution or other legal proceedings shall lie against any

public servant or any person appointed under section 3 for anything

done in good faith under this Act or the rules or notifications made

thereunder save with the previous sanction of the State Govern-

ment.

Appeal, revision 21. (1) Subject to such rules asmay be made, any dealer may, in the prescribed

and review. manner, appeal tor such authority as may be prescribed against any

order passed under sub-section (3) of section 11, section 13 and section

16 of this Act. ......

(2) No such appeal shall be entertained unless-------

(a) it is accoftipanied by a proof of payment in such mmanner as

may be prescribed, of the amount of tax admitted by the

dealer to be due from him and ten per cent, of the dffrince

between such amount of tax including penalty and in-

terest assessed; or

(b) it is filed within forty five days of the date of passing of the

orders as aforesaid ot 30 days days from the date on which the de-

mand, if any for tax or penalty is served or deemed to have

been served on the dealer, whichever is later:

Provided that the aforesaid authority may admit an

appeaol after the expiry of the said period, if, on application

the dealer, it is satisfied that the dealer was prevnted by

sufficient cause from preferring the appeal within the afore-

said time.

13.

(3) Subject to such rules as may be made, any order passed in appeal under

sub-sections (1) and (2) may be re vised by such authority as may be

prescribed on an application by the dealer or by or on behalf of the

State Government as the case may be ;

Provided that no application for revision shall be entertained

unless it is made before the said authority Within 60 days of the date of

passing of the order under sub-section (1) or sub-section (2), as the

case may be, but the said authority may, if it is satisfied, on application,

that there was sufficient cause for the delay admit the said application

for revision after condoning the delay.

Provided further that the Commissioner may call for and examine

the record of any proceedings under the Act in which any order other

than an order passed in appeal under sub-sections (1) and (2) has been

passed by any person appointed to assist the Commissioner for the pur-

pose of satisfying himself as to the legality or propriety of such order

and may, after such examination and after making or causing to be made

such enquiry as he may deem necessary, pass any order which he

thinks fit and proper :

Provided that no action under the second proviso shall

be initiated while any appeal Under sub-section (1) is pending or when

the time prescribed in sub-section (1) for filing this appeal has not

expired and except before the expiry of four years from the date of

order which is the subject of scrutiny by the Commissioner.

(4) The aforesaid appellate or revising authority may-

(a) confirm, reduce, annul, enhance or otherwise modify the

assessment of tax, penalty or interest;

(b) set aside any order and direct the authority which made the

order, to pass a fresh order after further enquiry on specified points; or

(c) pass such other orders as it may deem fit and proper.

(5) No order prejudicial to any dealer shall be passed under this section

without a resonable opportunity of being heard being given to him.

(6) Subject to such rules as may be made any authority under this Act or

its successors in office may on application or otherwise, review any

order passed by it to correct any error or mistake apparent from records:

Provided that neither an application under this sub-section

nor the period during which it is pending shall be considered as

cause for the delay, if any, in filing any appeal or application for revision:

Provided further that no such review shall be made if it has

the effect of enhancing the tax or penalty or both, or 6f reducing a re-

fund, unless the dealer or the person who is liable to pay the tax or the

penalty or both, or as the ease may be eligible to gets refund is given

a reasonable opportunity of being heard.

22. The amount of fees payable for any appeal or application made under this Act Payment of fee

under this Act shall be such as may be pescribed:

Provided that the amount of feed so prescribed shall not be less than a

rupee and shall not exceed five hundred rupees:

Provided further that no fee shall be payable for any appeal or application

filed by or on behalf of the State Government.

CHAPTER VIII

Prosecution and penalties.

23. (1) Without prejudice to any action taken or that may be taken or any Offences.

order passed or may be passed under any of the provisions of this Act,

whoever—

14.

(a) being a dealer, sells or purchases goods in contravention of

sub-section (2) of section 10 or fails or netglects to comply

with the provisions of sub-section (1) thereof ; or

(b) fails without sufficient cause, to submit any return required

under section nor wilfully submits a false return ; or

(c) not being a registered dealer falsely represent that he is such

a delaler; or

(d) fails or neglects to maintain or produce accounts under section

18 or produces false and incorrect accounts ; or

(e) prevents or obstructs any authority under this Act in the

performance of its duties and functions under this Act ;or

(f) fails to pay the tax due in accordance with section 14 or

(g) contravenes the provisions of section 15; or

(h) fails to furnish the information or particulars mentioned in

section 19; or

(i) contravenes section 26; or

(j) abets any person in the commission of any of the offences

specified in clauses (a) to (i);

shall be punishable with imprisonment of either description which may

extend to one year or with fine which may extend to ten thoussnd

rupees or with both and if the offence is continuing one, with a daily

fine not exceeding one hundred rupees during the period the offence

continues.

(2) No court shall take cognizance of any offence under this Act or the rules

made thereunder except with the previous sanction of the prescribed authority.

(3) All offences punishable under this Act shall be cognizaable and bailable.

(4) Notwithstanding anything contained in sub-section (1), the prescribed

authority may compound any offence under this Act or the rules made

thereunder before or after the institution of proceedings under that

sub-section by accepting from the person charge with the offence a

sum not exceeding twenty thousand rupees as may be determined by

the said authority, in addition to the tax, penalty or interest that may be

leviable under the Act, and on payment of the sum so dertermined by to-

gether with the amount of tax, penalty or interest due, the proceedings

before any court or prescribed authority under this section shall abate.

Appearance 24. A dealer or any other person required to appear or to produce any accounts,

through autho- documents or other records before any authority under this Act may appear, or produce

rised agent. as the case may be, in person or be represented by any other person in such manner as

may be prescribed.

Secrecy of infor- 25. Any particular or information contained in any statement made, returns field

mation given by books or documents produced by a dealer under this Act or any assessment made or order

dealer. passed by any of the authorities under this Act shall be treated as confidential and no

person other than the said dealer shall be compelled to give evidence derived from any

of the aforesaid records, save with the general or special previous sanction of the State

Government which may give or withhold such sanction as it may deem fit:

Provided that nothing in this section shall prevent the disclosure of all or any such

particulars or information to any Government servant for the purpose of—

(1) investigation of any crime and prosecution of any person under this

Act or under any of the laws of Central or State Government ; or

(2) audit of receipts and. refunds of the tax including penalty and interest

and fees levied by or under this Act; or

(3) enforcing recovery of all amounts due under this Act:

Provided further that the State Government may by notifica-

tion and subject to such conditions as it may impose, delegate its power

under this section to any authority subordinate to it.

15.

26. (1) Subject, to such rules as may be made in this behalf, the State Government Checkposts

may, by notification, set up and erect in such manner as it may deem fit,

checkposts and barriers at any place in the State, at which all persons,

vehicles or other means of transporting goods intended for sale may be

detained, intercepted or searched to prevent evasion of tax under this

Act.

(2) Every person transporting such goods across the said checkposts or

barriers may be required to file such documents or other proof as may

be prescribed along with a correct and complete declaration in the

prescribed form before being allowed to proceed.

27. If any difficulty arises in giving effect to the provisions of this Act, the Removal of

State Government may, by general or special order published in the,Official Gazette, difficulties.

make such provisions not inconsistent with the provisions of this Act as appear to it

to be necessary or expedient for the removal of the difficulty :

Provided that no such order shall be, made after the, expiration of two

years from the commencement of this Act.

28. (1) The State Government may, make rules for carrying out the purposes Power to make

of this Act. rules.

(2) The rules so made may be given effect from such date or with such re-

trospective effect as the State Government may specify therein.

(3) In making any rules, the State Government may direct that a breach

thereof shall be punishable with a fine not exceeding rupees one thousand

and when the offence is a continuing one with a daily fine not exceeding

rupees fifty during the continuance of the offence.


power, such rules may provide for—

(a) the particulars to be contained in a declaration referred to in

the proviso to sub-clause (v) of clause (a) of sub-section (3)

of section 5, the forms of such declarations, the manner in

which, the conditions and restrictions subject to which and

the authority from which such forms shall be obtainable

and the manner in which such declarations are to be furnished;

(b) the authority to which the application for registration under

section 10 shall be made;

(c) the procedure for, and other matters incidental to, the Regis-

tration of dealers and the granting of certificates of registra-

tion and the forms of such certificates under section 10;

(d) the intervals at which, and the planner in which the tax under

this Act shall be payable under section 11;

(e) the returns to be furnished under section 11; and dates by

which, and the authority to which, such returns shall be

furnished;

(f) the date by which returns for any period are to be furnished

and the procedure to be followed for assessment under section 13;

(g) the manner in which refunds under section 16 shall be made

the accounts and forms of refunds and reimbursement under

section 16;

(i) the conditions for the maintenance and production of acco-

unts or documents or for furnishing information and the

authority to which such accounts, documents or informa-

tion may be furnished under section 13;

(j) the manner in which, and the authority to which appeals or

revisions against any order passed under this Act may by pre-

ferred under section 21;

(k) the procedure for, the disposal of appeals and application for

revision and reviews under section 21;

16

(1) the amount of fees payable under section 22 for any appeal

or application filed under this Act;

(m) the conditions under which, and the authority by

which the offences may be compounded under section 23;

(n) the manner in which, and the time within which applications

shall be made, information furnished and notices served under

this Act;

(o) the procedure of setting up and erecting barriers under

section 26;

(p) any other matter which may be, or is required to be pres-

cribed.

CHAPTER IX

Miscellaneous

Repeal and 29. (1) On and from the commencement of this Act, all laws relating to Sales

validation. Tax in force in the State, shall stand repealed.

(2) All collections of tax, penalty and interest, and all proceedings or asses-

ments made, actions taken, things done or orders passed, by any au-

thority under any law referred to in sub-section (1) are hereby, validated

and shall for all purposes be deemed to have always been made, done,

taken or passed in accordance with law.

(3) All proceedings pending on the commencement of this Act with regard

to assessment, collection of tax, penalty or interest, or matters in appeal

revision or review shall continue and be disposed of as if this

been passed.

17.

SCHEDULE I

(See section 8)

_______________________________________________________________________________________________________

1 2

_______________________________________________________________________________________________________

1. All Cereals and pulses including broken particles and husk and bran Except when sold in sea-

thereof led container.

2. Wheat flour including atta and suji ....

3. Bread ....

4. Meat which has not been cured or frozen ....

5. Fresh fish ....

6. Vegetables, green or dried commonly known as sabji, tarkari or sak Except when sold in sealed

container.

7. Cooked food, other than cake, pastries, biscuits and sweetmeats ....

8. Gur and molasses .. ..

9. Salt .....

10. Milk .....

11. Livestock, including poultry ....

12. Agriculture implements Except tractors and power

tillers and spare parts

accessories and component

parts thereof.

13. Cotton Yarn ....

14. nferior grade of kerosene oil, that is to say, the kerosene referred to

in item 7 of the first Schedule to the Central Excises and Salt Act,

1944 and having all the following characteristic also.

(i) it is not lighter in colour than solution with the following

composition:—

Quarter normal aqueous solution of :—

(a) Ferric Chloride (FeCL 3 6H 2 O),

(b) Cobitous Chloride (C o CL2 6H2O),

(c) Copper Sulphate (C u SO4 5H2 O), mixed in the ratio of

6:3:1: and

(ii) it has flashing point below 65 ; 60 of centigrade thermometer.

15. Tobacco for hookah, that is to say, tobacco paste ready for use in

hookah.

16. Texts and exercise books for educational purpose and such other sacred books as may be prescribed

17. Water, but not aerated or mineral waters when sold in bottles or sealed containers.

18. Electrical energy.

19. Raw Jute.

20. Plain paper, commonly known as Darbar Paper, Government Paper

'cartridge paper sold by Government

21. Treasures through the agency of licensed stamp vendors.

22. Eggs.

23. Sag and tapicca globules.

24. Charkha.

18.

________________________________________________________________________________________________________

1 2

________________________________________________________________________________________________________

24. Cotton.

25. Handloom Woven—

(a) Gamchas.

(b) Khaddar or Khadi. Except those made from silk yarn.

(c) Garments made of khaddar or khadi referred in sub-item (b).

(d) Handicraft goods locally produced only.

26 Mustard Oil, rape oil and mixtures of mustard and rape oil. 27. Newspapers.

28. Mustard seed and rape seed.

29. Flowers and plants.

30. Vegetable seeds.

31. Hosiery goods.

19.

SCHEDULE — II

(See section 5)

1. Motor Vehicles, including chassis of motor vehicles, motor tyres and tubes and spare parts accessories

and component parts, of motor vehicles.

2. Motor cycles and cycle combinations, motor scooters, motorettes and tyres, tubes and spare parts

accessories and component parts, of motor cycles, motor scooters, and motorettes.

3. Refigerators, air-conditioners, air-coolers and air-conditioning plants, and spare parts, accessories anc

component parts thereof.

4. Wireless reception instruments and apparatus, radios and radio-gramophones, television sets, elec-

trical, valves, transistor radios, accumulators, amplifiers and loud-speakers and spare parts accessories

and component parts thereof.

5. Cinematographic equipment including cameras, projectors and sound recording and reproducing equip-

ment and spare parts accessories and component parts thereof lenses, films and parts and accessories

required for use therewith.

6. Photographic and other cameras and enlargers and spare parts accessories and component parts thereof

lences, films and plates, paper and cloth, and other parts and accessories required for use therewith.

7. All clocks, timepieces and watches and parts thereof.

8. Iron and steel safes and almirahs.

9. All arms incuding rifles, revolvers and pistols, and ammunition for the same.

10. Cigratte cases and lighters.

11. Dictaphone and other similar apparatus for recording sound and parts thereof, and electro-magnetic

recording tapes including cassette tapes whether pre-recorded or not.

12. Sound transmitting equipment includnig telephones and loudspeakers and spare parts thereof.

13. Typewriters filters, tabulating machines, calculating machines, duplicating machines and address printing

machines and parts thereof.

14. Binoculars, telescopes and opera glasses.

15. Gramaphones and component parts thereof and records.

16. Cushions mattresses, pillows and other articles made wholly or partly of rubber foam

17. Cushions mattresses, pillows and other articles made wholly or partly of artificial or synthetic resin and

plastic foam.

18. Vaccum flasks of all kinds and descriptions including refills for such flasks.

19. Articles made wholly or principally of stainless steel except tumblers, dishes and plates only such varie-

ties of them as are commonly known as gelas, thala and rekabi, respectively.

20. Furniture made wholly or principally of iron or steel.

21. Furniture made wholly or principally of aluminium.

22. Upholstered wooden furniture.

23. Perambulators including push-chairs for babies and spare parts, accessories and component parts thereof

24. Carpets of all varieties and description except locally produced.

25. Linolium

26. Life, whether operated by electricity or steam, and spare parts, accessories and component parts thereof

Exhauts and air circulators and spare parts, accessories and component parts thereof.

27. Electrical heaters of all varieties and descriptions.

28. Diamond

29. Precious and synthetic stones other than diamond - real or artificial.

30. Pearls- real, artificial or cultured.

20.

32. Golden and silver filigree.

33. Furs and articles made of fur.

34. Marble chips, marble or mosaic floor and wall tiles, and articles made of marble or mosaic.

35. Laminated sheets, like formica, Sunmica, etc.

36. Perfumes.

37. Ornaments set with diamond or stones (real or artificial) or with pearls (real, artificial or cultured).

38. All kinds of paints, including acrylic and plastic emulsion paints, lacqueres, distempers, cement colours

of paints, enamels, liquid paints, stiff paste paints, powder paints, whether ready for use or not.

39. Varnishes, vegetable paints removers and stainters of all kinds.

40. Cosmetics of all varieties, but excluding hair oil.

B. R. PRADHAN,


Law Department.

F.No. 16(71)LD / 1977

_______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_________________________________________________________________________________________


LAW DEPARTMENT

GANGTOK.

NOTIFICATION

No. 5/LD/1983 Dated the 6th April, 1983.


the Governor on 31st day of March, 1983, is hereby published for general information:-

THE SIKKIM PANCHAYAT (AMENDMENT) ACT, 1983

ACT No. 5 of 1983)

AN

ACT

[31.3.1983]

to amend the Sikkim Panchayat Act, 1982.

BE it enacted by the Legislature of Sikkim in the Thirty-fourth

Year of the Republic of India as follows:—

1. (1) This Act may be called the Sikkim Panchayat (Amendment) Short title and

Act 1983. commencement.

(2) It shall be deemed to have come into force on the 18th day

of December, 1982.

2. In the Sikkim Panchayat Act, 1982 (hereinafter referred to as Amendment of

the principal Act), in section 6, clause (3) shall be omitted. section 6.

3. In the principal Act, after section 101, the following sections Insertion of new

shall be inserted, namely:- sections 101 A

and 101 B.

"101 A. Any act of commission or omission which is an electoral "Electoral Offen-

offence in relation to elections to the Legislative Assembly of ces.

Sikkim under Chapter VII of the Representation of the People

43 of 1951. Act, 1951 or under any law for the time being in force shall be

deemed to be an electoral offence in relation to the elections to

the Gram Panchayats under this Act.

101B. The State Government shall have the same powers in Bequisition of

the matter of requisition of premises, vehicles and animals for premises,vehicles

the purpose of the conduct of elections, to the Gram Panchayats ect.. for election

as in the case of elections to the Sikkim Legislative Assembly.” purpose.

2

4. In the principal Act, in section 115, after sub-section (3), the Amendent of

following sub-section shall be inserted, namely:— section 115.

"(4) Any person who contravenes the provisions of this Act or

rules made thereunder for which no penalty is provided

for under this Act shall be punishable with imprisonment

for a term which may extend to six months or with fine

which may extend to two hundred rupees, or with both."

Ordiance 3 of 5. (1) The Sikkim Panchayat (Amendment) Ordinance, 1982 Repeal and

1982 is hereby repealed. Saving

(2) Notwithstanding such repeal, anything done or any action

taken under the Ordinance so repealed, shall be deemed to

have been done or taken under the corresponding provi-

sions of this Act.

B. R. PRADHAN


Law Department

F. No. 16(155)LD/1982

________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



__________________________________________________________________________________________


LAW DEPARTMENT

GANGTOK

NOTIFICATION


The following Act of the Sikkim Legislative Assembly having received the assent

the Governor on 4th day of April, 1983, is hereby published for general information:-

THE SIKKIM SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1983

(ACT NO. 6 OF 1983)

AN

ACT

[4.4.1983]

to provide for the regulation of conditions of work and employment in shops,

commercial establishments, residential hotels, restaurants, eating houses, theatres, other

places of public amusement or entertainment and. other establishments and for matters

connected therewith or incidental thereto.


Republic of India as follows :—

CHAPTER I

PRELIMINARY

(1) This Act may be called The Sikkim Shops and Commercial Establishments Short title, Extent-

Act 1983. Operation and App

cation.



notification, appoint and different dates may be appointed for different

provisions of this Act and for different areas or different classes of

establishments.

In this Act, unless the context otherwise requires, Definitions.

(1) "apprentice" means a person aged not less than fourteen years who is

employed, whether on payment of wages or not for the purpose of being

trained in any trade, business or employment in any establishments;

(2) "Chief Inspector" means the Chief Inspector appointed under

section 68 (2).

2.

(3) "child" means a person who has not completed his fourteen year;

(4) "closed" means not open for the services of any customer or for any

other purpose whichever, relating to business ;

(5) "commercial establishment" means an establishment which carries on

any business,trade,profession or any work in connection with inci-

dental or ancillary to, business, trade or profession and

(a) a society registered or deemed to have been registered under

12 of 1978. the Sikkim Co-operative Societies Act, 1978,

and a charitable or other trust, whether registered or not any

business, trade, profession or work in connection witth or inci-

dental or ancillary to such business, trade or profession;

(b) an establishment which carries on the business of advertising

commission agency, forwarding or commercial agency or which

is a clerical department of a factory or of any industrial or com-

mercial undertaking;

(c) an insurance company, joint stock company, bank,brokers,

office and exchange; but does not include a factory shop,

residential hotel, restaurant, eating house, theatre or other

place of public amusement or entertainment ;

(6) "day" means the period of twenty-four hours beginning at midnight:

Provided that in the case of an employee whose hours of work extend beyond

midnight, day means the periods of twenty four hours beginning whom such employment

commences irrespective of midnight;

(7) "employer" mens a person owing or having ultimate control over the

affairs of an establishment and includes the manager, agent or any other

person acting in the general management or control of such establish-

ment ;

(8) "establishment" means a shop, commercial establishment, residential

hotel, restaurant, eating house, threatre or other place of pubilc amuse-

ment or entertainment and includes such other establishment as the

State Government may, by notification, declare to be an establishment

for the purposes of this Act ;

(9) "factory" means any premises which is a factory within the meaning

63 of 1948. of the Factories Act, 1948 or which is deemed to be a factory under

section 85 of the said Act ;

(10) "goods" includes all materials, commodities and articles;

(11) "holiday" means a day on which an establishment shall remain closed

or on which an employee shall be given holiday under provisions of

this Act ;

(12) "Inspector" means an Inspector appointed under (this Act ;

(13) "leave'' means leave as provided for in Chapter VIII of this Act;

(14) "local area" means any area or combination of areas to which this Act

applies ;

(15) "local authority" means the Gangtok Municipal Corporation consti-

4 of 1975. tuted under the Gangtok Municipal Corporation Act, 1975, and

includes any other body which the State Government may, by notifica-

tion, declare to be local authority for the purposes of this Act;

(16) "manager'' means a person declared to be a manager under section 6;

(17) "member of the family of an employer"" means the husband, wife, son,

daughter, father, mother, brother, sister of an emplbyer who lives with

and is dependent on such employer ;

(18) "notification" means a notification published in the Official

Gazette;

(19) "opened" means opened for the service of any costumer for

business of the establishment, for work, by or with the help as

any employee of or connected with the establishment.

3

(20) "period of work" means the time during which an employee

is at the disposal of the employer ;

(21) "prescribed" means prescribed by rules made under this Act ;

(22) "prescribed authority" means the authority prescribed under

the rules made under this Act ;

(23) "register of establishment" means a register maintained for the


(24) "registration certificate" means a certificate showing the Regis-

tration of an establishment ;

(25) "residential hotel" means any premises in which a bonafide business

is carried on of supplying for payment lodging or board and lod-

ging to travellers and other members of the public on payment

and includes a residential club ;

(26) "restaurant and eating house" means any premises in which is

carried on wholly or principally the business of the supply of

meals or refreshments to the public or a class of the public for

consumption on the premises ;

(27) "shop" means any premises where goods are sold, either by

retail or whole or where services are rendered to customers, and

includes an office, a store room, godown, warehouse or work

place whether in the same premises or otherwise used in con-

nection with such trade or business but does not include a factory,

a commercial establishment, residential hotel, restaurant, eating

house, theatre or other place of public amusement or entertain-

ment ;

(28) "spread over" means the period between the commencement

and the termination of the work of an employee on any day ;

(29) "theatre" includes any premises intended principally or wholly

for the exhibition of pictures or other optical effects by means of

cinematograph or other suitable apparatus or for dramatic perfo-

mances or for any other public amusement or entertainment ;

(30) "wages" means wages as defined in the Payment of Wages Act, 4 of 1936

(31) "week" means the period of seven days beginning at midnight

of Saturday ;

(32) "year" means a year commencing on the first day of January ;

(33) "young person" means a person who is not a child and has not

completed his seventeenth year.

3. References to the time of day in this Act are reference to Indian Standard References to time

Time. of day.

4. (1) Nothing contained in this Act shall apply to- Act not applicable to

(a) a person whose work is inherently intermittant such as a travel- certain persons and

ler, canvasser, watchman or a caretaker ; establishkments.

(b) offices of the Central or State Government or of local authori-

ties, or the State Bank of India, the State Bank of Sikkim and the

Life Insurance Corporation ;

(c) establishment for treatment or care of the sick, infirm, destitute

or mentally unfit persons ;

(d) bazars, fairs or exhibitions for the sale of works for charitable

or other purposes from which profit is derived ;

(e) stalls and refreshments rooms at railway stations or railway dining cars ;

(f) clubs not being residential clubs ;

(g) any commercial establishment carrying on the business of trans-

port of passengers and goods by motor vehicles and persons ex-

clusively employed in relation to such business ;

4.

(h) offices of lawyers; and

(i) any other class of establishments or class of persons which the

State Government may by notification, exempt from the opera-

tion of this Act.

Power of State 5. The State Government, may, if satisfied that the public interest so re-

Government to exempt. quires or that the circumtances of any establishment are such that it would be just and

proper so to do, by notification, exempt either permanently or for any specified period,

any establishment or class of establishments or person or class of persons to which or to

whom this Act applies, from all or any of its provisions, subject to such restrictions and

conditions as the State Government may specify in the notification.

CHAPTER II

REGISTRATION OF ESTABLISHMENTS

Registration of Estab- 6. (1) Every establishment to which this Act applies shall be registered in accor-

lishments. dance with the provisions of this section.

(2) Within thirty days from the date on which the Act applies to an establish-

ment, the employer shall send to the Chief Inspector, a statement in a

prescribed form, together with such fees as may be prescribed containing;-

(a) the name of the employer and the manager, if any ;

(b) postal address of the establishment;

(c) the name, if any, of the establishment;

(d) the category of the establishment, i.e. whether it is a shop, com-

mercial establishment, residential hotel, restaurant, eating house

theatre or the place of public amusement or entertainment ; and

(e) such other particulars as may be prescribed.

(3) On the receipt of the statement and the fees, the Chief Inspector on being

satisfied about the correctness of the statements made therein, shall re-

gister an establishment in the register of establishments and shall issue

in the prescribed form, a registration certificate to the employer.The

registration certificate shall be displayed at a conspicuous place in the

establishment.

(4) Registration certificate granted under sub-section (2), shall be valid upto

the end of the year for which it is granted. An application for the re-

newal of a registration certificate shall be submitted not less than fifteen

days before the date of expiry of the registration certificate or of the re-

newed registration, as the case may be, and shall be accompanied by such

fees as may be prescribed and the renewed registration certificate shall

be in such form, as may be prescribed.

(5) In the event of any doubt or difference of opinion between an employe

and the Inspector as to the category to which an establishment should be

long, the Inspector shall refer the matter to the Chief Inspector, who shall,

after such inquiry as he thinks proper, decide the category of such estab-

lishment and his decision shall be final for the purposes of the Act.

Suspension and 7. (1) The Chief Inspector may suspend or revoke a registration certificate

revocation of licence. granted under this Act and may for that purpose require the holder of

certificate by notice in writing to deliver up such certificate to it or to

any other officer within such time as may be specified in the notice.

(2) The Chief Inspector may, by an order in writing, suspend a licence, for

such period as he thinks fit or revoke a licence,—

(a) if he deems it necessary in the interest of the public safety to sus-

pend or revoke the licence; or

(b) if the licence was obtained by suppression of material information

or on the basis of wrong information provided by the holder of the

licence or any other person on his behalf at the time of sending

an application for the licence ; or

5

(c) if the holder of licence has failed to comply with notice under

sub-section (1) requiring him to deliver up the licence.

(3) The Chief Inspector may also revoke a licence on the application of the

holder thereo .

(4) Where the Chief Inspector makes an order suspending or revoking a

licence under sub-section (2) he shall record in writing the reasons there

of and furnish to the holder of licence on demand a brief statement of the

same.

(5) A Court convicting the holder of licence of any offence under this Act

or rules made thereunder may also suspend or revoke a licence :

Provided that if the conviction is set aside in appeal or otherwise the suspension

or recocation shall be final.

(6) On the suspension or revocation of licence under this section, the holder

thereof shall without delay surrender the licence to the authority by

whom it has been suspended or revoked or to such other authority as may

be specified in this behalf in the order of suspension or revocation.

8. (1) Any person aggrieved by an order of the Chief Inspector refusing to grant Appeals

a licence or by an order of the Chief Inspector suspending or revoking

a licence may prefer an appeal against the order to the Secretary in the

Department of Labour of the State Government within thirty days from

the date of communication of the order of refusal, suspension or revocation

as the case may be :

Provided that an appeal may be admitted after the expiry of the period of thirty

days if the appellant satisfies the Secretary that he was prevented by sufficient cause from

prefering the appeal within the said period.

(2) Every appeal under this section shall be made by a petition in writing and

shall be accompanied by a brief statement of the reasons for the order

appealed against where such statement has been furnished by the appellant

and by such fees as may be prescribed.

(3) No appeal filed under this section shall be disposed of until the appellant

is given reasonable opportunity of being heard.

(4) Every order of the Appellate Authority confirming, modifying or re-

versing the order appealed against shall be final.

CHAPTER III

SHOPS AND COMMERCIAL ESTABLISHMENT

9. (1) No shop— Opening hours of

shops.

(a) dealing wholly in milk, vegetables, fruits, fish, meat, bread or

any other goods notified by the State Government shall on any

day be opened earlier than 5 a.m.

(b) other than those specified in clause (a), shall on any day be opened

earlier than 7 a.m.

(2) Subject to the provisions of sub-section (1) the State Government may fix

different opening hours for different classes of shops or for different areas

or for different periods of the year.

10. (1) No shop— Closing hours of

shops,

(a) other than those specified in clause (b) of this sub-section shall

on any day be kept open after 7 p.m.

(b) dealing mainly in the sale of pan, bidis, cigarettes, safety matches

and other ancillary articles shall, on any da, be kept open after

9 p.m

Provided that any customer who was being served or was waiting

to be served at such closing hour in any shop may be served in such shop

during the quarter of an hour immediately following such hour.

6

(2) Subject to the provision of sub-section (1), the State Government may

fix earlier closing hours for different classes of shops or different areas or

for different periods of the year.

Hawking probited 11. (1) No person shall carry on in or adjacent to a street or a public place the

before opening and sale of any goods before the opening and after the closing hours fixed under

after closing hours sections 9 and 10 and for the shop dealing in the same class of goods in

of shops. the locality in which such street or public place is situated :

Provided that nothing in this section shall apply to the sale of

newspapers.

(2) Any person contravening the provisions of sub-section (1) shall be laible

to have his goods seized by an Inspector.

(3) The goods seized under sub-section (2) shall be returned to the person

from whom they were seized on his depositing rupees fifty as security for

his appearance in the court.

(4) If the person fails to make the deposit, the goods seized shall be produced

without delay before a Magistrate who may give such directions as to thier

temporary custody as he thinks fit.

(5) Where no prosecution is instituted for contravention of the provisions

of sub-section (1) within such period as the Magistrate may fix, in this

behalf, the Magistrate shall direct their return,to the person from whom

they were seized.

(6) Subject to the provisions of sub-section (5), the provisions of nay law

relating to the criminal procedure for the time being in force shall so

far as they may be applicable, apply to the disposal of the goods seized

under this section.

Opening and closing 12. (1) No commercial establishment shall on any day be opened earlier than 8.30

hours of commercial a.m. and kept open after 9.30 p.m.

estabichments.


fix different opening or closing hours for different classes of commercial

establishments or for different areas or for different periods of the year

Daily and weekly 13. (1) Subject to the provisions of this Act, no employee shall be required or

hours of work in allowed to work in any shop or commercial establishment for more than

commercial establish- nine hours in any day and forty eight hours in any week.

ments.

(2) Any employee may be required to work in a shop or commercial estab-lishment for any

period in excess of the limit fixed under sub-section (1)

if such periods does not exceed three hours in any week.

(3) On not more than six days in a year which the State Government may fix

by rules made in this behalf, for purposes of making of accounts stock

taking settlements or other prescribed occasions, any employee may be

required or allowed to work in a shop or commercial establishment in

excess of the period under sub-section (1) if such period does not exceed

twenty four hours. .

Internet for rest. 14. The period of work of an employee in a shop or commercial establishment each

day shall be so fixed that no period of continuous work shall exceed five hours and that

no employee shall be required or allowed to work for more than five hours before he has

had an interval for rest of at least one hour :

Provided that—

(a) in the case of employee in a commercial establishment engaged in any

manufacturing process, interval for rest shall be at least half an hours

and

(b) in the case of any other employee the State Government may on an

application made in that behalf by the employees concerned permit the

reduction of the interval for rest to half an hour.

Spread over in 15. The spread over of an employee in a shop shall not exceed eleven hours in any day:

shop.

7

Provided that where an employee has worked on any day in accordance with

the provisions of sub-section (2) of seation 13, the spread over shall not exceed

fourtten hours in any such day and where he works on any day in accordance

with the provisions of sub-section (3) of the said section, the spread over shall

not exceed sixteen hours in any such day.

16. The spread oyer of an employee in a commercial establishment shall not exceed Spread over in com-

eleven hours in any day : mercial esftablish-

ments.

Provided that the State Government may, by notification, increase the spread

over period subject to such conditions as it may impose either generally or in the case

of a particulars commercial establishment or a class or classes of commercial establishment.

17. (1) Every shop or establishment shall remain closed on one day of the week.

The employer shall choose any day of the week and shall fix such day at the beginning

of the year or within thirty days in case establishment comes into existence at some time

during the year other than the beginning of the year,notify it to the Inspector and specify

it in a notice prominently displayed at a conspicuous place in the shop or establishment

and shall be maintained in a clean and legible condition.

(2) Notwithstanding anything contained in sub-section (1) the Government

may by notification in the Government Gazette fix any day in respect of any area speci-

fied in the notification.

(3) If any day notified as a holiday under sub-section (1) happens to be a day

of public festival,the employer may keep the shop or commercial establishment open on

such day but in that event, he shall keep the shop or commercial establishment

closed on some other day, within three days before or after the date of such public fes-

tival and give notice of the change to the Inspector at least seven clear days before the day

of such public festival.

(4) It shall not be lawful for an employer to call an employee at, or for any

employer to go to, his shop or commercial establishment or any other place for any work

in connection with the business of his shop or commercial establishment on a day on which

such shop or commercial establishment remains closed.

(5) No deduction shall be made from the wages of any employee of a shop or

commercial establishment on account of any day on which it has remained closed under

this section. If any employee is employed on a daily wage he shall nonetheless be paid

his daily wage for the day on which such shop or commercial establishment remains closed.

If any employee is paid a piecerate wage, he shall nonetheless be paid his wage for the

day on which the shop or commercial establishment remains closed, at a rate equivalent

to the daily average of his wages for the days on which he actually worked during the six

days preceedings such closed day exclusive of any earning in respect of overtime :

Provided that nothing in this section shall apply to any person whose total

period of continuous employment is less than six days.

CHAPTER IV

RESIDENTIAL HOTELS, RESTAURANTS AND EATING HOUSES

18. (1) Notwithstanding anything contained in any pther enactment for the time Operating and closing

being in force norestaurant or eating house shall on any day be opened earlier than 5 a.m. hours of restaurants

and be kept open after 11 p.m. for service : and eating houses.

Provided that an employee in such restaurant or eating house may be

required to commerce work not earlier than 4.30 a.m. and shall not be required to work

later than 11.30.p.m.

Provided further that any customer who was being served or waiting

to be served at the closing hour of such restaurant or eating house may be served in such

resturant eating house during the quarter of an hour immediately following such


fix different opening or closing hours for different restaurants or eating houses or for di-di-

fferent ares or for different periods of the year.

8

(3) Notwithstanding anything contained in this section or any other enactment

for the time being in force, the State Government may, by notification, fix not more than

ten days in a year on festive or special occasions such opening and closing hours for di-

ffrerent restaurants or eating houses or for different areas, as it thinks proper;

Resriction of selling 19. Before and after the hours fixed for the opening and closing of shops under

of goods. section 9 and 10 no goods of the kind sold in such shops shall be sold in any restaurant or

eating house except for consumption on premises.

Daily hours of works 20. (1) Except on the day that may be notified under sub-section (3) of section

in residential hotels, 18, no employee shall be required or allowed to work in a residential hotel,resturant

restaurants and eating and eating house for more than nine hours in a day fixed under sub-section (1) of sec-

houses. tion 18 if such period does not exceed three hours on any day.

(2) On the days which may be notified under sub-section (3) of section 18,

any employee may be required or allowed to work in a residential hotel, restaurant and

eating house in excess of the period fixed under sub-section (1) of section 18 if such

period does not exceed three hours on any day.

Interval for rest. 21. The period of work of an employee in a residential hotel, restaurant or eating

house each day shall be so fixed that no period of continuous work shall exceed five hours

and that no employee shall be required or allowed to work for more than five hours before

he has had an interval for rest of at least one hour.

Spread over. 22. The spread over of an employee in a residential hotel, restaurant or eating house

shall not exceed fourteen hours:

Provided that the State Government may, on an application made in that behalf by

the employees concerned, permit the reduction of the interval for rest to half an hour.

The employer to 23. The employer shall furnish every employee in a residential hotel, resturant or

furnish identity card eating house an identity card which shall be produced by the employee on demand by an

to employee. Inspector. Such card shall contain the following and such other particulars as may be

prescribed, namely :—

(a) the name of the employer;

(b) the name, if any, and the postal address, of the establishment ;

(c) the name and age of the employee;

(d) the hours of work, the interval for the rest and the holiday, of an employee;

(e) passport size photographs of the employee;

(f) the signature or thumb impression of the employee;

(g) the signature with date of the employer or manager.

CHAPTER V

THEATRES OR OTHER PUBLIC AMUSEMENT OR ENTER-

TAINMENT

Closing hours of 24. Notwithstanding anything contained in any other enactment for the time being

theatres or other in force, no threatre or other place of public amusement or entertainment shall on any

places of public day be kept open after than 12 midnight.

amusement or enter-

tainment.

Theatres or other 25. After the hour fixed for the closing of shop under section 10, no goods of the

places of public kind sold in a shop shall be sold in any theatre or other places of public

amusement or enter- entertainment except for consumption on premises.

tainment not to sell

goods of the kind

gold of the kind

sold in shops after the

closing hours of shops.

Daily hours of work 26. (1) No employee shall be required or allowed to work in any the thretre or other

in a theatre or other places of public amusement or entertainment for more than nine hours in any day.

places of public

amusement or enter-

tainment

9

(2) Any employee may be required or allowed to work in a theatre or other

place of public amusement or entertainment for any period in excess of the limit fixed

under sub-section (1), if such period does not exceed six hours in any week.

27. The period of work of an employee in a theatre or other place of public amuse- Interval for rest.

ment or entainment each day shall be so fixed that no period of continuous work shall

exceed five hours and that no employee shall be required or allowed to work for more than

five hours before he has had an interval for rest of at least one hour:

Provided that the State Government may on an application made in that behalf

by the employees, permit the reduction of the interval for rest to half an hour.

28. The spread over of an employee in a theatre or other place of public amusement or Spread over.

entertainment shall not exceed eleven hours in any day:

Provided that the State Government may increase the spread over periods sub-

ject to such conditions as it may impose either generally or in the case of a parti-

cular thretre or other place of public amusement or entertainment.

29. (1) Every employee in a theatre or other place of public amusement or en- Holidays in a week

tertainment shall be given at least one day in a week as a holiday:

Provided that nothing in this sub-section shall apply to an employee whose

total period of employement in any week is less than six days.

(2) It shall not be lawful for an employer to call an employee at, or for an

employee to go to, his theatre or other place of public amusement or entertainment or

any place for any work in connection with the business of his theatre or place of public

amusement or entertainment on any day on which such employee has a holiday.

(3) No deduction shall be made from the wages of an employee in a theatre

or place of public amusement or entertainment on account of any holiday given to him

under sub-section (1). If an employee is employed on a daily wage, he shall noentheless

be paid his wages for the holiday equal to the average of the daily wages earned by him du-

ring preceeding six working days.

30. The employer shall furish every employee in a theatre, or other place of public Identity card.

amusement or entertainment an identity card which shall be kept by the employee when

on duty and shall be produced on demand by an Inspector; such card shall contain the

following and such other particulars as may be prescribed, namely:- (a) the name of the employee;

(b) the name, if any, and the postal address of the theatre and public place of

amusement or entertainment;

(c) the name and age of the employer;

(d) the hours of work, interval for rest; if any, and the holidays of the employee;

(e) passport size photograph of the employee;

(f) the signature with date of the employer;

(g) the signature or thumb impression of the employee.

CHAPTER VI

EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND WOMEN

31. No. child shall be required or allowed to work as an employee or otherwise in No child to work

any establishment notwithstanding that such child is a member of the family of th emplo- any establishment.

yer.

32. No young person and women shall be required or allowed to work whether as an Young persons and

employee or otherwise in any establishment before 6 a.m. and after 7p.m. notwithstanding women to work be-

that such young person or women is a member of the family of the employer. tween 6a.m and

after 7 p.m.

33. (1) Notwithstanding anything contained in this Act, no young person shall Daily hours of work

be required or allowed to work whether as an employee or otherwise in any establishment for young person.

for more than six hours in a day.

(2) No young person shall be required or allowed to work whether as an

employee or otherwise in any establishment for more than three hours in any day unless

he has had an interval for rest of at least half an hour.

10.

Prohition of em- 34. No young person or women working in any establishment, whether as an employee

ployment of young or otherwise, shall be required or allowed to perform work as may be declared by the

person and women State Government, by notification to be work involving danger to life, health or morals.






from the date of such notice, the employer shall permit her, if she so desires,to absent



cost require the woman to be examined by a qualified medical practitioner or midnight


aminafon as not pregnant or not likely to be delivered of a child within six weeks, he may


(2) The examination referred to in the proviso to sub-section (1) shall, if


Maternity leave. 37. The absence of a woman during the period she is entitled to maternity benefits

under this Act or, due to illness medically certified to arise out of pregnancy or confine-

ment, shall be treated as authorised absence on leave.


employed in such establishment or in establishments belonging to the owner of such

establishment for a period of not less than six months preceding the date of her delivery

shall be entitled to receive and the employer shall be liable to make to her, a payment

of a maternity benefit at a rate for every day during the six weeks inmediatetely precedings

and including the day of her delivery and for each day of the six weeks following her deli-

very as may be prescribed by the State Government:

Provided that no such payment shall be made for any day on which she attends

work and receives payment therefor during the six weeks preceding her delivery



Interval for nursing 39. Any woman employed in an establishment, who is delivered of a child shall

the child. while she is nursing such child, be allowed half-an-hour twice a day during her working


Prohibition on dis- 40. (1) When a woman absents herself from work under section 38 it shall not be

missalduring or on lawful for the employer to dismiss her during or on account of such absence, or to give

account of absence notice of dismissal on such a day that the notice will expire during such abences.

from work owing to

confinement.


delivered of a child, if the woman, but for such dismissal, would have been entiled


nity benefit if the Inspector is satisfied that her dismissal was without sifficient cause.


employees in case of medical termination of her pregnancy shall also be entitled to leave for six weeks or such

miscarriage etc. period as may be medically certified and her absence shall be treated as authorised absence.

on leave.


for sterilization opera- to special casual leave with wages for a period not exceeding —

tion. (a) six days in the case of a male employee; or

(b) fourteen days in the case of a female employee, with effect from the day



by his or her employer during the period specified in sub-section (1),




11

43. (1) Notwithstanding anything contained in the Payment of Wages Act, Application and

1936 (hereinafter referred to in this section as "the said Act"), the State Government amendment of the

may, by notification direct that subject to the provisions of sub-section (2) the said Act payment of Wages

or any of the provisions thereof or of the rules made thereunder shall, apply to all o any Act, 1936.

class of establishment or to all or any class of employees to which or whom this Act

for the time being applies.

(2) On the application of the provisions of the said Act to any establish-

ment or to any employee under sub-section (1), Inspector appointed under this Act

shall be deemed to be the Inspector for the purpose of the enforcement of provisions

of the said Act within the local limits of his jurisdiction.

CHAPTER VII

HEALTH AND SAFETY

44. The premises of every establishment shall be kept clean and free from effluvia Cleanliness.

arising out from any drain or privy or other nuisance and shall be cleaned at such times

and by such methods as may be prescribed and these methods may include lime-washing

colour-washing , painting, varnishing, disinfecting and deodorising.

45. The premises of every establishment shall be ventilated in accordance with Ventilation.

such standards and by such methods as may be prescribed.

46. (1) The premises of every establishment shall be sufficiently lighted during Lighting.

all working hours.

(2) If it appears to an Inspector that the premises of any establishment

within his jurisdiction are not sufficiently kept clean, lighted or ventilated, he may serve

on the employer an order in writing specifying the measures which, in his opinion,

should be adoplted and requiring them to be carried out before a specified date.

47. In every establishment such precautions against fire shall be taken as may be Precaution against

prescribed. fire.

48. In every establishment wherein a manufacturing process as defined in clause First-aid.

(k) of section 2 of the Factories Act, 1948, is carried on, there shall be provided and

maintained by the employer a first aid box containing such articles as may be prescribed.

CHAPTER VIII

HOLIDAYS AND WAGES

49. (1) Every person employed in any establishment shall be entitled, after Holidays and sick

twelve months continuous service, to holidays with wages for a period of twenty leave.

days, in the subsequent period of twelve months, provided that such holdidays with

wages may be accumulated upto a maximum period of sixty days.

Explanation:- For the purpose of this sub-section any continuous period of Service

preceeding the date on which this Act applies to any establishment shall also count,

subject to a maximum period of twelve months.

(2) Every person employed in any establishment shall also be entitled during

his first twelve months of continuous service after the commencement of this Act, and

during every subsequent twelve months of such service—

(a) to leave with wages for a period not exceeding it days, on the

ground of any sickness, incurred or accident sustained by him; and

(b) to casual leave with wages for a period not exceeding 12

days on any reasonable ground.

(3). If a person entitled to any holidays under sub-section (1) is discharged

by his employer before he has been allowed the holidays, or if having applied

for and been refused the holidays, he quits his employment before he has been

allowed the holidays, the employer shall pay him the amount payable under

this Act in respect of the holidays.

12.

(4) If a person entitlted to any leave under sub-section (2) is discharged by

his employer when he is sick pr suffering from the result of an accident, the

employer shall pay him the amount payable under this Act in respect of the

period of leave to which he was entitled it the time of his discharge,in addition

to the amount, if any payable to him under sub-section (3) or under any other

provision of this Act.

(5) A person employed shall be deemed to have completed a period to

twelve months continous service within the meaning of this section,notwithstan-

ding any interruption in service during those months brought about.

(i) by sickness, accident, or authoritised leave (including authorised

holidays) not exceeding ninety days in the aggregate fir all three.

(ii) by a lock-out; or

(iii) by a strike which is not an illegal strike; or

(iv) by intermittent periods, of inyoluntary umemployment not ex-

ceeding thirty days in the aggregate;

and authorisec leave shall be deemed not to include any weekly holiday or half-holidays

allowed under this Act which occurs at the beginning of end of an interruption brought

by the leave.

(6) A person employed in a hostel attached to a school or college or in an

establishment maintained in a boarding school in connection with the boarding and lod-

ging of pupils and resident teachers shall be allowed the privileges referred to in sub-section

(1) to (5), reduced however proportionately to the period for which he was employed

continuously in the previous year or to the period for which he will be employed contin-

uously in the current year as the case may be; and all references to periods of holidays

or of leave in sub-sections (1) and (2) shall be construed accordingly, fraction of less that

one day being disregarded.

(7) The State Government shall have power to issue directions as to the manner

in which the provisions of sub-section (6) shall be carried into effect in all or any class of

cases or in any particular case.

Pay during annual 50. Every person employed shall, for the holidays, or the period of the leave allowed

holidays. under sub-section (1) or (2) of section 49, be paid at a rate equivalent to the daily average

of his wages for the days on whih he actually worked during the precedings three months

exclusive or any earnings in respect of overtime.

Power to increase of 51. Notwithstanding anything contained in section 49, the State Government may

the number of holi- by notification, increase the total number pf annual holidays and the maximum number

days. of days upto which such holidays may be accumulated in respect of any establishment or

lass of establishments.

Mode of recovery 52. (1) Any sum required to be paid by an employer under this Chapter but not

unpaid wages. paid by him shall be recovered as ''delayed wages" under the provisions of the Payment

4 of 1936. of Wages Act, 1936.

(2) Any Inspector may institute proceedings on behalf of any person employed

to recover any sum required to be paid under this Chapter by an employer ahich he has

not paid.

Responsibility for 53. (1) Every employer shall be responsible for the payment to persons employed

payment of wages. by him of all wages and sums required to be paid under this Act.

Fixation of wage 54. (1) Every employer shall fix periods (in this Act referred to as wage periods

period. in respect of which such wages shall be payable.

(2) No wage peripd shall exceed one months.

Wages for overtime 55. Where any person employed in any establishment is required to work overtime

work. he shall be entitled, in respect of such overtime work, to wages at twice the ordinary rate of wages.

Explanation.— For the purpose of this, section, the experssion "ordinary rate of wages"

shall rnean such rate of wages as may be calculated in the manner prescibed.

Gratuity. 56. An employee who has completed ten of more years of continous service with

full wages shall, on quitting the service or on his death his legal heirs, be entiled to gra-

tuity equivalent to fifteen days' wages last drawn for each year of service.

13.

57. (1) The wages of every person employed shall be paid before the expiry of Time of payment of

the fifth dayafter the last day of the wage period in respect of which the wages are payable. wages.

(2) Where the employment of any person is terminated by or on behalf of

the employer the wages earned by such person shall be paid before the expiry of the second

working day from the day on which his employment is terminated.

(3) The State Government may, by general or special order,exempt an em-

ployer from the operation of this section in respect of the wages of any person employed

or class of persons employed, to such extent and subject to such conditions as may be

specified fee order.

(4) All payments of wages shall be made on a working day.

58. An employee who has been allowed leave for not less than four days, in the case Payment of advance

of an adult and five days, in the case of a child shall, before his leave begins, be paid wages in certain cases.

due for the period of leave allowed.

59. All Wages shall be paid in current coin or currency notes or in both. Wages to be paid in

current coin or

currency notes. 60. (1) The wages of a person employed shall be paid to him without deductions Deduction which may

of any kind except those authorised by or under this Act . be made from wages.

Explanation- payment made by a person employed to the employer shall, for the

purpose of this Act, be deemed to be a deduction from the wages.

(2) Deduction from the wages of a person shall be made only in accordance

with the provisions of this Act, and may be of the following kinds only, namely :—

(a) fines;

(b) deductions for absence from duty;

(c) deductions for damage to, or loss of, goods

expreslly entrusted to the employed person for custody, or for loss of money for which he

is required to account, where such damage or loss is directly attributable to his neglect

or defalut;

(d) deductions for house accommodation, if any, supplied by the employer;

(e) deductions for such amenities and services supplied by the employer as

the State Government may, by general or special order, authorise;

(f) deductions for recovery of advance or for adjustment of over-payments

of wages;

(g) deductions of income-tax payable by the employed person;

(h) deductions required to be made by an order of a Court or other authority

competent to make such order;

(i) deductions for subscriptions to, and for repayment of advances from,

any provident fund to which the Provident Funds Act, 1925 applies or any provident fund 19 of 1925.

approved in this behalf by the State Government during the continuance of such approval;

(j) dedcuctions for payments to co-operative societies approved in this behalf

by the State Government or to a scheme of insurance maintained by the Indian Post Office

or by any insurance company approved in this behalf by the State Government;

(k) deductions made with the written authorisation of the employed person

in furtherance of any savings scheme approved by the State Government for the purchase

of securities of the Central or State Government.

61. (1) No fine shall be imposed on any person employed save in respect of such Fines.

acts and ommission on his part as the employer, with the previous approval of the State

Government or of the Chief Inspector may have specified by notice under sub-section (2).

(2) A notice specifying such acts and omissions shall be exhibited in the pres-

cribed manneron the premises in which the employment is carried on.

(3) No fine shall be imposed on any person employed until he has been

given opportunity of showing cause against the fine, or otherwise than in accrdance

with such procedure as may be prescribed for the imposition of fines.

14.

(4) The total amount of fine which may be imposed in any one wage period

on any person shall not exceed an amount equal to paise three in a rupee of the wages pay-

able to him in respect of that wage period.

(5) No fine shall be imposed on any person employed who has not completed

his fifteenth year of age.

(6) No fine imposed on any person employed shall be recovered from him

after the expiry of sixty days from the date on which it was imposed.

(7) Every fine shall be deemed to have been imposed on the day of the act

or omission in respect of which it was imposed.

(8) All fines and all realizations thereof shall be recorded in a register to be

kept by the employer in such form as may be prescribed; and all such realizations shall be

applied only to such purposes beneficial to the persons employed in the establishment as

re approved by the prescribed authority.

Explanation.—When the persons employed are part only of the staff employed under the

same management, all such realizations may be credited to , common fund maintained for

the staff as whole, provided that the fund shall be applied only to such purpose as are

approved by the prescribed authority.

Deduction for 62. (1) Deductions may be made under clause (b) of sub-section (2) sub-section

absence from duty. 61 only on account of the absence of an employed person from the place or places where

by the terms of his employment, he is required to work, such absence being for the whole

or any part of the period during which he is so required to work.

(2) The amount of such deductions shall in no case bear to the wages payable

to the employed person in respect of the wage period for which the deduction is made

a larger proportion than the period for which he was absent bears to the total period

within such wage period during which by the terms of his employment, he was required

to work:

Provided that, subject to any rules made in this behalf by the State Government,

if ten or more employed persons acting in concert absent themselves without due notice

(that is to say, without giving the notice which is required under the terms of the total period

of employment) and without resasonable cause such dedcuctions from any such person may

include such amount not exceeding his wages for eight days as may by any such terms

be due to the employer in lieu of due notice.

Explanation,—For the purpose of this section, an employed person shall be deemed to be

absent from the place where he is required to work, if, although present in such place, he

refuses, in pursuance of stay-in-strike or for any other cause which is not reasonable in the

circumstances, to carry out his work.

Deduction for 63. (1) A deduction under clause (c) of sub-section (2) of section 61 shall not

damage or loss. exceed the amount of the damage or loss caused to the employer by the neglect or default

of the person employed and shall not be made until the persons employed has been given

an opportunity of showing cause, against the deduction, or otherwise than in accordance

with such procedure as may be prescribed for the making of such deductions.

(2) All such deductions and all realizations thereof shall be recorded in a re-

gister to be kept by the employer in such form as may be prescribed .

Deduction for ser- 64. A deduction under clause (d) or clause (e) of sub-section (2) of section 61 shall

vices rendered. not be made from the wages of a person employed uunless the house accommodation

amenity or service has been accepted by him, as a term of employment or otherwise and

such deduction shall not exceed an amount equivalent to the value of the house acco-

mmodation, amenity or service supplied and in the case of a deduction under the said

clause (e) shall be subject to such conditions as the State Government may impose.

Deductions for re- 65. Deductions under clause (f) of sub-section (2) of section 61 shall be subject to

covery of advances. the following conditions, namely :—

(a) recovery of an advance of money given before employment shall be made

from the first payment of wages in respect of a complete wage period,but no recovery shall

be made of such advances given for travelling expenses;

15.

(b) recovery of advances of wages not already earned shall be subject to any

rules made by the State Government regulating the extent to which such advances may

be given and the instalments by which they may be recovered.

66. Deduction under clauses (j) and (k) of sub-section (2)of section 61 shall be Deductions for pay-

subject to such conditions as the State Government may impose. merits to co-operative

societies and

insurance schemes.

67. No employer shall dispense with the services of an employee who has been in Notice of termination

his continous employment- of service.

(a) for not less than a year, without giving such persons at least thirty days'

notice in writing, or wages in lieu of such notice.;

(b) for less than a year but more than three months, without giving such

persons at least fourteen days' notice in writing or wages in lieu of such

notice:

Provided that such notice shall not be necessary where the services of such em-

ployees are dispensed with for misconduct.

. Explanation:-For the purposes of this section "misconduct' shall include—

(a) absence from service without notice in writing or without sufficient

reasons for seven days or more;

(b) going on or abetting a strike in contravention of any law for the time

being in force;

(c) causing damage to the property of his employer.

CHAPTER IX

ENFORCEMENT AND PROSECUTION

68. (1) The State Government may, by notification, appoint as many Inspectors Appointment of

for different areas thereof as may be considered necessary. Chief Inspector and

Inspectors.

(2) The State Government may, by notification, appoint one of the Inspectors

to be the Chief Inspector for the purposes for this Act who may exercise all the powers of

an Inspector.

69. (1) Subject to any rules made by the State Government in this behalf, an Power and duties

Inspector may, within the local limits for which he is appointed- of the Inspectors.

(a) enter, at all the resasonable times and with such assistance as he thinks

fit, any place which is or which he has reason to believe, is an estab-

lishment;

(b) make such examination of the premises and of any prescribed registers,

records and notices and take on the spot or otherwise record statement of

any person, as he may deem necessary, for carrying out the purposes of

this Act;

(c) exercise such other powers, as may be prescribed or may be necessary

for carrying out the purpose of this Act:

Provided that no one shall be required under this section to answer

any question or give any statement tending to incriminate himself.

(2) For the purpose of investigation of offences under this Act, an Inspector

shall have the same powers as an Officer-in-charge of a police station has under the Code

of Criminal Procedure, 1898 for investigation of cognizable offences except that he 5 of 1898.

shall not have the power of arrest.

70. Every Inspector appointed under the section shall be deemed to be a public Inspector to be public

servant within the meaning of section 21 of the Indian Penal Code. servant.

45 of 1860.

71. No suit, prosecution or legal proceedings snail lie against any person for anything Protection of action

which is in good faith done or intended to be done under this Act or rules made thereunder. taken in good faith.

16.

employer and Mana- 72. Every employer and in his absence the Manager shall on demand produce for

ger to produce Regis- inspection to an Inspector all registers, records and notices required to be kept under and

ters, records and for the purposes of this Act.

notices for inspec-

tion

CHAPTER X

OFFENCES AND PENALTIES

Penalties 73. Save as otherwise provided in this Chapter, whoever being an employer or manager

of an establishment contravenes any of the provisions of this Act or rules made thereunder

shall—

(a) on first conviction, be punished with fine which shall not be less than

fifty rupees and may extend to five hundred rupees; and

(b) for second and subsequent conviction for contravening the same provision

of this Act or rules made thereunder, shall be punished with fine which

shall not be less than one hundred rupees and may extend to one thou-

sand rupees.

False entries by 74. If any employer or manager with intention to deceive, makes , or causes or allows

Employer and to be made, in any register, record or notice prescribed to be maintained under the pro-

Manager. visions of this Act or the rules made thereunder, an entry which to his knowledge, is

false in any material particular, or wilfully omits, or causes or allows to be omitted,

from any such register, record or notice, an entry which is required to be made therein

under the provisions of this Act or the rules made tereunder or maintains or cause or

allows to be maintained, more than one set of any register, record or notice except the

office copy of such notice, or sends or causes or allows to be sent, to the Chief Inspector

or Inspector any statement information or notice prescribed to be sent under the pro-

visions of this Act, or the rules made therunder which to his knowledge is false in any

material particular, he sha 1, on conviction, be punished with imprisonment not exceeding

six months or with fine which may extend to two thousand rupees, or with both.

Penalty for obstruct- 75. Whoever wilfully obstructs the Chief Inspector or an Inspector in the exercise

ting Inspector. of any power under this Act or rules made thereunder or conceals or prevent any employer

in an establishment from appearing before or being examined by the Chief Inspector or

an Inspector, shall, on conviction, be punished with fine which shall not be less than one

hundred rupees and which may extend to one thousand rupees.

Determination of 76. (1) Where the owner of establishment is a firm or other association of indi-

employer for purposes viduals, any one of the individuals, partners or mernbers thereof, may be prosecuted and

of this Act. punished under this Act for any offences for which an employer of an establishment is

punishable:

Provided that the firm or association may give notice to the Inspectors that it has

nominated one of its members who is resident in the State to be the employer for the pur-

poses of this Act and such individual shall, so long as he is so resident, be deemed to be

the employer for the purposes of this Act, until the notice cancelling nomination is re-

ceived by the Inspector or until he seizes to be a partner or member of the firm or association.

(2) Where the owner of an establishment is a company, any one of the direct-

ors thereof, or in the case of a private company any one of the share holders thereof may

be prosecuted and punished under this Act for any offence for which the employer of the

establishment is punishable:

Provided that the company may give notice to the Inspector that it has nominated

a director, or, in the case of private company, a shareholder who is resident in the State,

to be the employer in the establishment for the purposes of this Act, and such director, or

shareholder shall, so long as he is so resident, be deemed to be the employer of the estab-

lishment for the purposes of this Act, until further notice cancelling his nomination is

recieived by the Inspector or until he seizes to be a director or shareholder.

Cognizance of 77. (1) No prosecution under this Act or the rules made thereunder shall be

offences. instituted except by an Inspector.

(2) No court inferior to that of a Magistrate of the first class shall try any

offence under this Act or any rule made thereunder.

17.

(3) Notwithstanding anything contained in any law relating to the criminal

procedure for the time being in force, all offences under this Act or rules made thereunder,

may be tried summarily.

78. No court shall take cognizance of an offence under this Act or any rule or order Limitation of

made thereunder unless complaint thereof is made within six months of the date on which Prosecution.

the alleged commission of the offence first came to the knowledge of an Inspector.

CHAPTER XI

MISCELLANEOUS AND SUPPLEMENTARY

79. Subject to the general or special orders of the State Government every employer Maintenance of

shall maintain such registers and records and display on the premises of his establishment registers or records

such notices as may be prescribed.All registers and records shall be kept on the premises and display of the

of the establishment to which they relate. notices.

80. (1) The State Government may, subject to previous publication, make rules Power to make

to carry out the purposes of this Act. rules.


provisions, such rules may be made for all or any of the following matters, namely :-

(a) the appointment of prescribed authority;

(b) the period for which, the conditions subject to which and the

holidays and occasions on which, the operation of the provisions

of this Act may be suspended;

(c) the form of submitting a statement, the fees and other particulars,

the manner in which the registration of establishments is to be

made and the form of registration certificate and the form and the

period for notifying a change and the fees;

(d) fixing six days in a year for additional overtime;

(e) fixing ten days in a year for overtime;

(f) further particulars to be prescribed for an identity card;

(g) fixing times and methods for cleaning the establishments, fixing

standards and methods for ventilation, and prescribing such esta-

blishments as are to be exempted from the provisions of, and,

precaution against fire to be taken in this Act;

(h) the articles which a first-aid box maintained shall contain;

(i) the qualification of Inspectors appointed under this Act and their

powers and duties;

(j) the register and records to be maintained and notices to be dis-

played;

(k) any other matter which is to be or may be prescribed.

82. (1) All the notifications, rules, regulations and orders relating to shops and Repeal and Saving

establishment in Sikkim in force immediately before the commencement of this Act are

hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the

notification, rules, regulations, orders, on the subject, shall be deemed to have been

done or taken, as far as may be, under the corresponding provisions of this Act.

B.R PRADHAN,


Law Department.

F. No. 16(166)LD/82.

________________________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNMENT PRESS,GANGTOK.

S I K K I M


EXTRAORDINARY



__________________________________________________________________________________________


LAW DEPARTMENT

GANGTOK.

NOTIFICATION




THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS

PROVISIONS) ACT, 1983

(ACT NO. 7 OF 1983)

AN

ACT

[ 4.4.1983]

to provide for exemption from payment of court fees in certain cases in Sikkim

and for matters connected therewith.

BE it enacted by the Legislature of Sikkirn in the Thirty-fourth Year

the Republic of India as follows :-

1. (1) This Act may be called the Sikkim Court Fees (Exemption and Short title, extent

Miscellaneous Provisions) Act, 1983. and commencement.


(3) This shall come into force from such date as the State Govern-

ment,may by notification in the Official Gazette, appoint and differ-

rent dates may be appointed for different provisions of this Act.


(a) "court fees" means the cash court fees payable under any law for the

time being in force;

(b) "Court" includes any Tribunal or Authority in the State;

(c) "High Court" means the High Court of Sikkim.

3. Notwithstanding anything contained in any law realting to the payment Certain person not

of court fees, for the time being in force, no court fees shall be payable by pay court fees.

a person whose annual income from all sources does not exceed rupees twenty

five thousand.

2

Power of High Court 4. (1) The High Court shall, as soon as may be, make rules providing for.

to make rules as to

fees payable for ser~

ving processes, etc.

(a) the fees chargeable for serving and executing processes issued

by such Court in its appellate jurisdiction, and by other Civil

and Revenue Courts established within the local limits of its

jurisdiction;

(b) the fees chargeable for serving and executing processes issued

by Criminal Courts established within its local limit in the case

of offences other than offences for which police officers may

arrest without a warrant;

(c) the remuneration of the persons appointed as process servers

and other persons employed, by leave of the High Court in the

service and execution of processes.

(2) The High Court may, from time to time, alter and add to the rules,

made under sub-section (1).

(3) All rules, alterations and additions made under this section shall be

confirmed by the State Government and shall be published in the

Official Gazette.

Court fees payable 5. Notwithstanding anything to the contrary contained in anynotification,

in cases filed by order, proclamation, bye-law, rules and regulations, court fees shall be

Government. payable in cases filed by or on behalf of the State Government of Sikkim.

B. R. PRADHAN,


Law Department .

F. No. 13 (21) LD/1980

________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



__________________________________________________________________________________________


LAW DEPARTMENT

GANGTOK

NOTIFICATION




THE TASHI NAMGYAL ACADEMY BOARD ACT, 1983

(ACT NO. 8 OF 1983 )

A

ACT

[4.4.1983]

to provide for the establishment of a Board for managing the affairs of the school

known as the Tashi Namgyal Academy, Gangtok, and its properties and for matters co-

nnected therewith.

Be it enacted by the Legislative Assembly of the State of Sikkim in the Thirty-

fourth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Tashi Namgyal Academy Board Act, 1983 Short title and

commencement.



2. In this Act, unless the context otherwise requires,— Definitions

(a) "appointed day" means the date of commencement of this Act;

(b) "appointing authority" means the Chairman;

(c) "auditor" means auditor appointed under section 7 (3)5

(d) "Board" means the Tashi Namgyal Academy Board established under

section 3;

(e) "Chairman" means the Chairman of the Tashi Namgyal Academy Board;

2

(f) " Executive Committee" means the Executive Committee constituted

under sectio 13;

(g) "Government' means the State Government of Sikkim;

(h) "Fund" means the Tashi Namgyal Academy Board Fund referred to in

section 9;

(i) "prescribed" means prescribed by regulations made by the Board under

section 20;

(j) "President" means President of the Executive Committee;

(k) "school" means Tashi Namgyal Academy;

(1) "Secretary" means Secretary of the Board or the Executive Committe;

as the case may be.

CHAPTER II

Establishment of the Tashi Namgyal Academy Board

Establishment and 3. (1) On and from the appointed day there shall be established a Board to be

incorporation of called the Tashi Namgyal Academy Board.

(2) The Board shall be a body corporate by the name aforesaid, having per-

petual succession and a common seal, with power to acquire, hold and

dispose of property, both movable and immovable, and to contract and

shall by the same name sue and be sued.

(3) The Head office of the Board shall be at Gangtok in the State of Sikkim

Constitution of the 4. (1) The Board shall consist of the following members, namely:-

Board.

(a) Minister for Education, Sikkim State, Chairman;

(b) Chief Secretary to the Government, Vice-Chairman;

(c) Secretary, Education Department of the Government, Member;

(d) Secretary, Finance Department of the Government, Member;

(e) Secretary, Law Department of the Government, Member;

(f) Secretary, Establishment Department of the Government,Member;

(g) Chief Engineer, SPWD (Buildings), Government of Sikkim, Member;

(h) The Principal, Government College, Gangtok, Member;

(i) Representative of parents, Member;

(j) Representative of parents, Member;

(k) The Principal of the school.

(2) The Principal of the school shall function as the Secretary to the Board

(3) The members specified in clauses (i) and (j) of sub-section (1)shall

be elected in accordance with such procedure as may be prescribed and

shall hold office for a term of five years.

Revoval mand resig- 5. (1) The Board may, at any time, remove any member if it is proved that such

nation of members. member is guilty of misusing his office for private profit or he is incapable

of discharging his duties as a member due to mental or physical infimity.

(2) The Board may remove from office any member other than an ex-officio

member who is absent without leave of the Board; from more than three

consecutive meetings thereof without cause sufficient, in the opinion of

the Board, to exonerate his absence:

Provided that no member shall be removed form office under sub-

sections (1) or (2) unless a reasonable opportunity has been given to

him to show cause against such removal.

(3) Any member (other than one who holds office in ex-officio capacity

may resign from office by giving notice in writing to the Chairman and

such resignation being accepted by the Chairman, he shall be deemed

to have vacated his office with effect, from the date of his resignation or

3

6. (1) The Board shall meet once a year in a meeting called Annual Meeting, Proceedings of the

and such Annual Meeting for any year shall be held before the expiry of Board.

three months from the end of the immediately preceding academic

session of the school. The procedure for holding such meeting shall be

such as may be prescribed.

(2) At an Annual Meeting the Board shall consider the Annual Report pre-

sented to it by the Executive Committee including the audited accounts

and auditor's report relating to the immediately preceding year and pass

the same without notification or pass the same with observations for con-

sideration of the Executive Committee.

(3) In the Annual Meeting the Board shall appoint or reappoint an auditor

as required under Section 7 (3).

(4) In addition to an Annual Meeting the Board may meet as often as is nece-

ssary (such a meeting being called 'Special Meeting') provided that

following conditions are satisfied:—

(i) The proposal to hold any special meeting should originate from

the Executive Committee except where a Special Meeting is

summoned under Section 7 (4).

(ii) The agenda for the meeting should be circulated among all members

of the Board at least seven days before the date of the proposed

meeting.

(iii) There should be proper notice of the meeting to all members of

the Board in accordance with procedure prescribed in respect

of Annual Meeting.

(iv) Other procedural regulations regarding a Special Meeting shall

be the same as in the case of an Annual Meeting.

CHAPTER III

Powers and Functions of the Board.

7. (1) The Board shall be the legal owner of the school and all its properties Board as owner and

and the employer of all employees of the school including its Principal. employer.

(2) The Chairman shall be the appointing authority of all employees of the Property transactions

school including its Principal. The Board's prior sanction shall be ob-

tained (in an Annual Meeting or a Special Meeting) by the Executive

Committee before any immovable properties are acquired by outright

purchase or disposed of by way of sale or otherwise, and such acquisitions

and disposals shall be made in the name of the Board.

(3) The Board shall, in its Annual Meeting, appoint an auditor (which term Appointment of

includes a firm of auditors) who is qualified to audit Company Accounts, auditor.

to audit the accounts of the school for the year in which the Annual Meeting is held:

Provided that the same auditor shall not be appointed for more

than three consecutive years.

(4) The Board may remove any member of the Executive Committee in a Removal of member

Special Meeting summoned at the instance of the Chairman for proved of Executive

misuse of power and grave infringement of the provisions of this Act and Committee.

the regulations made thereunder, and make such transitory provisions

as it deems fit to remedy the vacancy thus caused.

(5) Any alterations in the structure of the school of the type described below Certain alterations of

shall be within the exclusive competence of the Board, and it may con- school-structure with

sider them in an Annual Meeting or a Special Meeting:- in exclusive compe-

tence of Board.

(i) Change in the medium of instruction in the school.

(ii) Abolition or addition of class. (Provided that this does not apply

to abolition or addition of a division or section of an existing class).

4

(iii) Change over of the affiliation of the school to any Board, Council or

other body for Examinations to any other Board, Council or other

body for Examinations.

CHAPTER IV

Finance, Properties and Accounts

Transfer of school 8. (1) On and from the appointed day, the land, buildings, furniture and equip-

property and other ments or any other assets, in which the school is on that day housed or

properties. as the case may be, which are on that day owned by the school or owned

by the Government, but given over for the use or benefit of the school

hall stand transferred to, and vest in, the Board.

(2) The Government may, at any time, transfer to the Board, any land, build-

ings or any other property, movable or immovable, either absolutely or on

lease, for use and management by the Board to run the school.and comply

with the provisions of this Act.

The TNA Board 9. (1) The Board shall have a fund to be called the Tashi Namgyal Academy

Fund. Board Fund.

(2) The Board may accept grants, subventions, donations and gifts and loans

from he Government or a local authority or any individual or body

whether incorporated or not, for all or any of the purposes of this Act.

(3) The Government may, from time to time, make grants to the Board

including grant of part or whole of the amount required to meet the ex-

penditure on establishment of the Board.

(4) All mo eys received by or on behalf of the Board, all proceeds of sale of

land or any other property, all rents, betterment charges and all interest

profits and other moneys accruing to the Board shall be deposited in the

fund of the Board:

Provided that the provisions of this sub-section shall not apply

to the TNA Capital Fund referred to in section 10.

The TNA Capital 10. (1) The Government shall, on the date of commencement of this Act, or

Fund. as soon thereafter as possible, transfer absolutely a sum of rupees five

lacs which shall form the nucleus of the corpus of a fund to be created

and known as the TNA Capital Fund, the income from which is to be

exclusively used for purpose of acquisition of new capital assests (movable

or immovable) and the maintenance of the land and buildings of the school .

The Government may, through periodical grants enhance the corpus of

the said Fund to such limit as it may deem fit.

(2) The Government may, in respect of the Fund referred to in sub-section

(1), lay down such rules regarding the custody and management of the

said Fund as it deems fit, and such restrictions and stipulations as it deems

fit to ensure that the corpus of the Fund is preserved and the income

therefrom is utilised only for the purposes stated in the said sub-section.

Application of the 11. All property, fund and all other assets vested in the Board shall be held and

applied by it subject to the provisions and for the purposes of this Act.

Power of Executive 12. (1) Subject to the provisions of sub-section (2) of section 7 all, transactions

Committee to nego- in money and property covered in this Chapter shall be entered into and

tiate regarding carried out by the Executive Committee on behalf of the Board and

transaction. it shall have power to enter into and carry out such transaction with

out prior reference to the Board:

Provided that —

(a) all such transactions are within the competence of the Board and

(b) all such transactions are reported to the Board in the immediate

following Annua Meeting.

5.

(2) The Executive Committee may open such accounts, in such banks, as it Executive Committee

deems fit, to deposit and operate the moneys belonging to the Board's to operate Bank

Fund referred to in section 9 and any other funds and moneys belonging Accounts.

to the Board, including the TNA Capital Fund referred to in section

10 (1) (Subject to the restrictions and stipulations, if any, made by the

Government regarding the said fund), and may operate such accounts on

behalf of the Board at its discretion for the benefit of the school and the

Board and for giving effect to the provisions of this Act.

(3) Subject to the powers and functions assigned by it to him, the Executive Powers may be dele-

Committee may delegate, from time to time, through written orders, gated to the

any or all, part or whole, of its powers stated in sub-sections (1) and (2) Secretary.

above to the Secretary.

(4) (a) The Executive Committee shall ensure that proper accounts are Accounts and audit.

maintained in respect of all financial transactions of the Board,

and that the auditor is enabled to audit all such accounts

effectively and in proper time.

(b) The Executive Committee may also cause internal audit to be

conducted as and when it deems fit.

CHAPTER V

Executive Committee

13. (1) Every year, at its Annual Meeting, the Board shall constitute an Execu- Executive Committe

tive Committee consisting of persons referred to in sub-section (3), in to be constituted

order to carry out the purposes of this Act and run the school on behalf every year.

of the Board.

(2) The tenure of the Executive Committee shall be only for the period start- Tenure.

ing with the date of its constitution and ending with the date of the cons-

titution of the next year's Executive Committee in the next Annual

Meeting.

(3) Subject to sub-section (4), the Executive Committee shall consist of Constitution.

five members, one of whom shall be named as its President, who shall

be an ex-officio member of the Board (other than the Principal/Secretary)

and the remaining members shall consist of another ex-officio

member of the Board (other than the Principal/Secretary), the Principal

(who shall be named its Secretary), and two experts in the field of educa-

tion to be nominated as hereinafter provided, who may or may not be mem-

bers of the Board.

(4) Notwithstanding the provisions of Sub-Section (3), the Chairman may Nominating of

nominate not more than two additional members of his choice to function member.

as members of the Executive Committee as and when he considers it

necessary.

(5) One of the experts in the field of education nominated as members of the Experts infield

Executive Committee shall be the Principal/Headmaster of any residential of Education.

public school of good standing located in Sikkim or Northern-Bengal, and

the other shall be an educationist of high standing who normally resides

or works in any part of North Eastern India, including the State of West .

Bengal.

(6) The initial constitution of the Executive Committed in the year in which Initial Constitution

this Act comes into force shall be the following:-

(i) Secretary, Department of Education, Government of Sikkim-

President;

(ii) Secretary, Department of Finance, Government of Sikkim;

(iii) Secretary, Establishment Department,

(iv) Two experts in the field of education to be nominated by the

Chairman;

6.

(v) The Principal, who shall be the Secretary of the Executive Com-

mittee.

Member in ex-officio (7) The members of the Executive Committee (other than the two experts in

capacity. the field of education) shall hold office only in an ex-officio capacity, and

shall cease to be members once they cease to be members of the Borad.

Existing Executive (8) If no new Executive Committee is constituted, or there is delay in its

Committee to conti- constitution, the existing Executive Committee shall continue to func-

nue in certain cases. tion till a new Executive Committee is constituted.

Chairman to issue (9) The Chairman shall issue all orders, on behalf of the Board, constituting

orders. the Executive Committee.

Consultative Commi- 14. (1) The President may constitute a Consultative Committee consisting of two

ttee. representatives of the members of the teaching staff of the school and

two representatives of the parents or guardians of the students of

the School.

(2) The nomination of these representatives and their tenure shall be such as

may be prescribed.

(3) The members of the Consultative Committee shall have right only to

attend the meetings of the Executive Committee if and when invited

to do o, and to tender their advice or express their views but shall have

no right to vote. They also shall have right to attend only those parts

of the proceedings to which the President has invited them.

(4) Nothing contained in this Act shall bar the President from seeking the

advice from experts in the field of education, law, etc, and allowing them

to take part in the proceedings of the Executive Committee, but they shall

have no right to vote.

Procesure to fill in 15. If any vacancy arises in the Executive Committee due to resignation, death or

vacancy of nomina- such other causes of a nominated member of the Executive Committee, the Chair-

ted member. man shall, in consultation with the remaining members of the Executive Committe

fill in the vacancy, and such new member shall be in office till the term of the said

Executive Committee expires.

Procedure for the 16. (1) The Executive Committee shall meet as often as required by exigencies,

meeting of the provided that there shall be not less than four meetings in a year.

Executive Committee.

(2) At least ten day's notice shall be given to all members of the Executive

Committee and the Agenda shall be circulated among them at least seven

days in advance of the meeting:

Provided that in fit cases the above time limits may be reduced

at the discretion of the President.

(3) The quorum shall be a majority of the members.

(4) Other rules of procedure of the meetings shall be such as may be prescribed.

CHAPTER VI

Powers and Functions of the Executive Committee

Powers and Function 17. The Executive Committee shall have the following powers, functions and duties

in addition to those and those shall be in addition to those enumerated in section 12.

enumerated in Section

12.

Review and Advice (a) To review and advice in the proper care, upkeep and administration of the

on several matters school, its staff, finances, land buildings, furniture and equipment and

concerning school. maintenance of necessary records and accounts.

(b) Every appointment, termination of service, dismissal, retirement exten-

sion of service or re-employment of any of the employees of the school

other than its Principal, and every case of disciplinary actions against any

such employee where, according to the relevant service rules, the maxi-

mum punishment involves dismissal or compulsory retirement, shall be

considered and decided by a Sub-Committee consisting of the President,

Secretary, Establishment Department of. the Government and Principal

Secretary which shall make recommandations to the Chairman.

7.

(c) (i) The Principal and the Vice-Principal of the school shall be Appointment of

appointed by the Board. Principal etc.

(ii) All matters regarding the service of the Principal including any

disciplinary proceedings against him and his dismissal, discharge,

extension of service etc., shall be considered and decided by the

Board.

(d) To frame service rules governing the Principal and staff of the school: Service rules.

Provided that when such rules are framed for the first time they

shall be placed before the first Annual Meeting of the Board taking place

after that, and any amendments in those rules made in any year shall be

recorded in the Annual Report submitted to the immediately following

Annual Meeting.

(e) To sanction or refuse to sanction any leave (with or without pay) of more

than three months or any extension of such leave beyond three months.

(f) To sanction or refuse to sanction any study leave ( with or without pay ).

(g) To prescribe scales of salary and allowances as may be necessary from time

to time.

(h) To sanction new posts or abolish existing posts or upgrade existing posts.

(i) To sanction expenditure on major repairs and purchase of furniture and

equipment beyond the powers delegated by the Executive Committee

to the Principal.

(j) To negotiate and carry through all transactions relating to property

on behalf of the Board.

(k) To approach and negotiate with Government or any local authority or

any individual or body, whether incorporated or not, for grants, sub-

ventions, donations and gifts and loans on behalf of the Board.

(l) To sanction opening of bank accounts by the Principal/Secretary and

prescribe procedure for operation of such bank accounts.

(m) To consider the yearly budgets, supplementary budgets and revised

estimates submitted by the Principal and pass such budgets and estimates.

(n) To define the powers and functions of the Principal, delegate to him

any of the powers vested in it under this Act and regulations made

thereunder and to amend those from time to time.

CHAPTER VII

Powers, Functions and Duties of the Principal.

18. (1) Principal shall be the ex-officio Secretary both of the Board and the Powers, Functions

Executive Committee. and Duties of the

Principal

(2) shall be the duty of the Principal, in his capacity as Secretary, to

convene meetings of the Board and the Executive Committee, to record

their proceedings, circulate the minutes and keep records of the

Board and Executive Committee.

(3) (i) He shall be in overall charge of the School, exercising imme-

diate control and supervision of all staff, and all power not

specifically reserved for the Executive Committee or the Board

elsewhere in this Act shall be exercised by him on behalf of the

Executive Committee and the Board.

(ii) In particular, he shall be, subject to the powers and functions

delegated to him by the Executive Committee, responsible for

the planning and execution of the academic and co-curricular

activities of the school and discipline among staff and

students.

(4) The Principal shall have power to incur expenditure upto such extent

as may be determined by the Executive Committee from time to time.

CHAPTER VIII

Miscellaneous

Removal of difficult 19. If any difficulty arises in giving effect to any of the provisions of this

ties. Act, the Government may, by order, remove such difficulty.

Power of Board to 20. (1) The Board may, from time to time, make regulations consistent with this

make regulations. Act;

(2) In particular, and without prejudice to the generality of the foregoing

provision, such regulations may be made on the following matters, namely:-

(a) procedure for election of members referred to in clauses (i) and (j)

of section 4;

(b) procedure for holding meetings of the Board;

(c) nomination and tenure of members of Consultative Committees referred

to in section 14;

(d) rules and procedure of the meetings of the Executive Committee other

than those enumerated in sub-sections (1) to (3) of section 16;

(e) procedure for prefering appeals to Executive Committee by members of

staff of the school;

(f) any other matter which has to be, or may be, prescribed.

(3) Till such time as regulations regarding the terms and condition of service

of the school employees and finance and money matters are made under

the provisions of this Act, the corresponding rules of the Government may

be followed, or followed to the extent the circumstances permit.

Provided that this is without prejudice to any provisions already incor-

porated in this Act relating to such matters.

Procedure regarding 21. All decisions may be made, and resolutions passed, by the Board and the

resolution etc. Executive Committee as far as possible unanimously, and where there

is disagreement, a simple mojority of members present and voting shall

decide the issue. In case of equality of votes, the presiding officers shall

have a second and casting vote.

Member of Board A member of the Board or Executive Committe who has any direct or

or committees not indirect pecuniary interest in any matter coming up for consideration

to vote in certain at a meeting of the Board or Executive Committee shall as soon as possi-

cases. ble after relevant circumstances have come to his knowledge, disclose the

nature of his interest at such meeting, and the disclosre shall be

recorded in the minutes of the Board or Executive Committee as the

case may be, and the member shall not take any part in any deliberation

or decision of the Board or Executive Committee with respect to that

matter.

Acts or Proceedings of 23. No act or proceeding of the Board or the Executive Commi-

Board and Executive ttee shall be invalidated merely by reason of—

committee not to be (a) any vacancy in, or any defect in, the constitution of the Board

invalidated. or Executive Committee.

(b) any defect in the appointment of a person acting as a member

of the Board or Executive Committee; or

(c) any irregularity in the procedure of the Board of Excutive

Committee not affecting the merits of the case.

Repeal. 24. On and from the appointed day, any law, proclamation, order, rules,

regulations or notifications in relation to the Tashi Namgyal Academy

Gangtok, shall stand repealed.

BR. PRADHAN


Law Department

F. No. 10 (28)/LD/83

_______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 57 Gangtok, Tuesday, April 26,1983.

_________________________________________________________________________________________


INCOME AND SALES TAX DEPARTMENT

NOTIFICATION

No. 1812-500/ST. Dated Gangtok, the 15th March, 1983.

In exercise of the powers conferred by sub-section (5) of section 8 of the Central Sales

Tax Act,1956 (Central Act 74 of 1956),the State Government, being satisfied that it is neces-

sary so to do in the public interest, hereby directs that no tax shall be payable by any dealer

having his place of business within in the State of Sikkim (hereinafter referred to as " selling

dealer"), respect of the sales made by him in the course of inter-State trade and commerce

of cardamom (Rada Cardamom grown in Sikkim) to any registered dealer (hereinafter referred

to "purchasing dealer") having his place of business in any other State or Union territory of

India.

This notification shall come into force from the date of its publication in the Official

Gazette and shall remain in force upto and inclusive of the 31st August, 1983.

K.C.PRADHAN

Secretary Finance

Income and Sales Tax Department


________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 58 Gangtok, Tuesday, April 26,1983.

_________________________________________________________________________________________



Notification No.115 (402)/L.R. (S) Dated Gangtok, the 23rd March, 1983.

(Notification under Section 4 of L.A. Act, 1894)

Whereas it appears to the Governor that land is likely to be needed for a public purpose,

not being a purpose of the Union, namely for construction of J. E. Staff quarter cum

Office in the Block of Rongnek, East District, Gangtok, it is hereby notified that a piece of land

comprising cadastral plots 16, 23, & 24, (parts) and measuring more or less 0.36 acres,

bounded by the following boundaries as under:—

EAST: Sarkar

WEST: Private land

SOUTH; Road & Private land

NORTH:Road & Private land.

is likely needed for the aforesaid public purpose at the public expense within the above

block.

This notification is made, under the provision of Section 4 of Act, 1 of 1894 to all to

whom it may concern.

A plan of the land may be inspected in the office of the Collector-cum-Sp. L.A.O., and

Land Revenue Department at Gangtok.

In exercise of the powers conferred by the aforsaid section the Governor is pleased

to authorised the Officers for the time being engaged in the undertaking, with their servants and

workman, to enter upon and survey the land and all other acts required or permitted by

that section.

Any person interested in the above land, who has any objection to the acqui-

sition, thereof, may, within thirty days after the date on which public notice of the

substances this notification is given in the locality, files any objection in writing before

the Collector-cum-Sp. L.A.O., Land Revenue Department, at Gangtok.

K. SHERAB,

Secretary,



___________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



__________________________________________________________________________________________


HOME DEPARTMNT

NOTIFICATION

No. 51(7)Home/8. Dated Gangtok, the 24 March, 1983.

In partial modification of earlier Notification No. 66 Gangtok, Thursday, July 2, 1981

the State Government hereby constitutes the Land Use Implementation Committee as Land Use

and Enviroment Board consisting of the following Members under the Chairmanship of Chief

Secretary, Government of Sikkim.

1. Development Commissioner — Member

2. Secretary, Land Revenue — "

3. Secretary, Forest — "

4. Secretary, Rural Development — "

5. Director, Animal Husbandry — "

6.Director, Agriculture — "

7. Chief Engineer (Roads) — "

8. Joint Director/Director, Land Use

and Environment Department — Member Secretary

C.F.F. will be a permanent invitee to the Board.

A separate Directorate of Land Use and Environment is also created under the Land

Use and Environment Board and the Directorate is placed under the charge of Minister, Forest.

M. P. PRADHAN,

Chief Secretary,


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 60. Gangtok, Wednesday, April 27,1983.

__________________________________________________________________________________________


LAW DEPARTMENT

GANGTOK.

NOTIFICATION

No. 9/LD.1983/481. Dated the 21st April, 1983

In exercise of the powers conferred by sub-section (3) of Section 1 of the Sikkim Court

Fees/Exemption and Miscellaneous Provisions) Act, 1983 (7 of 1983), the State Government

hereby appionts the 1st day of May, 1983 as the date on which the provisions of the said Act,

except section 6 thereof, shall come into force.

By Order,

B.R. PRADHAN,


Law Department.

____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 61 Gangtok, Saturday, April 30, 1983.

______________________________________________________________________________________



NOTIFICATION

Dated Gangtok,the 15th March, 1983.

No. 128/14/82-In pursuance of the provisions contained in sub-rule (2) of rule 38 of

the Sikkim Panchayat Election Rules, 1982, the following candidates have been declared elected

unopposed form the Gram Panchayat wards shown against them:—

________________________________________________________________________________________

Sl. No. and name of Name of candidate Address

Gram Pachayat /Ward

_________________________________________________________________________________________

EAST DISTRICT

17. PREMLAKHA SUBANEDARA

Singanebas 1. Mingma Sherpa Singanebas

26. SUCHAKGANG

Burtuk 1. Dal Bahadur Rai Burtuk

2. Nari Lepcha Burtuk

43. PENLONG

Penlong 1. Karma Chultin Penlong

WEST DISTRICT

25. CHINGTHANG

Meyong 1. Dal Bahadur Rai Meyong

2. Pemba Lepcha Meyong

NORTH DISTRICT

3. RINGIM NAMPATAM

Pakshep 1. Lall Bahadur Tamang Pakshep

9. HEE GYATHANG

Hee Gyathang 1. Onglay Lepcha Hee Gyathang

2

_____________________________________________________________________________________________________________

1 2 3 4

_____________________________________________________________________________________________________________

14. PHENSANG

Paney 1. Athop Lepcha Paney

SOUTH DISTRICT

12. BERMIOCK

Thangsing 1. Karma Ugen Thangsing

13. RAMENG NIZARMENG

Rameng 1. Bal Bahadur Gurung Rameng

2. Tamar Tsering Lepcha Rameng

20. RATEYPANI

Bikmat 1. Sukraj Subba Bikmat

2. Temba Tsering Lepcha Bikmat

27. ONG BULL

Palum 1. Man Bahadur Rai Palum

42. RALONG NAMLUNG

Namlung 1. Garukman Gurung Namlung

44. SADA PHAMTAM

Phamtam 1. Bhim Bahadur Tamang Phamtam

2. Kesher Bahadur Basnet " “do”

P. K. PRADHAN,

Secretary,


Director of Panchayat Election,

Sikkim.

H. R. GUPTA,



Sikkim.

_____________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 62 Gangtok, Saturday, April 30,1983.

_________________________________________________________________________________________


GANGTOK

NOTIFICATION


In accordance with Rule 270 of the Rules of Procedure and Conduct of Business in the

Sikkim Legislative Assembly, the following members are hereby nominated to be the members

of the Fourth Committee on Government Assurances:-

1. Shri N.B. Khatiwada

2. Shri K.N. Upreti

3. Shri Garjaman Gurung

4. Shri Dawgyal Pintso Bhutia

5. Shri D.B. Thatal

In exercise of the powers under Rule 210 of the Rules of Procedure and Conduct of

Business of Sikkim Legislative Assembly, Shri NB. Khatiwada is hereby appointed as its

Chairman.

The Committee on Government Assurances shall function in accordance witn Rule 269

of the Rule of Procedure and Conduct of Business in the Sikkim Legislative Assembly.

The term of the Committee shall be one year from the date of its nomination.

SONAM TSHERING,

Speaker,

Sikkim Legislative Assembly

__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 63 Gangtok, Saturday. April 30.1983.

_________________________________________________________________________________________


GANGTOK

NOTIFICATION

No. SALS/82-83/247/36. Dated Gangtok, the 30th March, 1983


Sikkim Legislative Assembly, the following members have been elected to constitute the Sixth

Committee on Public Accounts for the year 1983-84:—

1. Shri. B.B. Gurug

2. Shri Ram Lepcha

3. Shri Katuk Bhutia

4. Shri T.B. Limbu

5. Shri Tenzing Dadul Bhutia


Business in the Sikkim Legislative Assembly, Shri B.B. Gurung is hereby appointed as its

Chairman.

The Committee on Public Accounts shall function in accordance with Rule 264 of the

Rules of procedure and Conduct of Business in the Sikkim Legislative Assembly.


SONAM TSHERING,

Speaker,


_________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



___________________________________________________________________________________________


LAW DEPARTMENT

GANGTOK.

CORRIGENDA

No. 13/21/LD/80. Dated the 30th April, 1983.

In law Department's Notification No. 9/LD/83 dated the 27th April, 1983, in last

line, for the Words "except section 6 thereof," read "except section 5 thereof,".

B. R. PRADHAN,


Law Department.

_____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



__________________________________________________________________________________________


GANGTOK

NOTIFICATION

No. SLAS/82-83/247/37. Dated Gangtok, the 30th March, 1983

In accrdance with Rule 267 of the Rules of Procedure and Conduct of Business in the

Sikkim Legislative Assembly the following members have been eleceted to constitute the fifth

Committee on Estimates for the year 1983-84:—

1. Shri J. B. Pradhan


3. Shri B.P. Kharel

4. Shri T.B. Limbu

5. Shri Dorjee Tshering Bhutia


Business in the Sikkim Legislative Assembly, Shri J.B. Pradhan is hereby appointed as its

Chairman.

The term of the Committee shall be one year from the date of its election.

The Committee on Estimates shall function in accordance with Rule 266 of the Rules

Procedure and Conduct of Business in the Sikkim Legislative Assembly.

SONAM TSHERING,

Speaker,


____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



______________________________________________________________________________________


GANGTOK

NOTIFICATION

No. SLAS /82-83/247/38. Dated Gangtok, the 30th March, 1983

In accordance with Rule 273 A of the Rules of Procedure and Conduct of Busines

in the Sikkim Legislative Assembly, the following Members are hereby nominated to be the

Members of the First Committee on Library:—

1. Shri. L.B. Basnet

2. Shri Pradeep Yonzon

3. Shri B.B. Lohar

4. Shri Dadul Bhutia

5. Shri Dawgyal Pintso Bhutia


Business in the Sikkim Legislative Assembly, Shri L.B. Basnet is hereby appointed as its

Chairman.

The Committee on Library shall function in accordance with Rule 273 A of the Rules

of Procedure and Conduct of Business in the Sikkim Legislative Assembly.


SONAM TSHERING,

Speaker,


___________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



________________________________________________________________________________________


GANGTOK

NOTIFICATION



Sikkim Legislative Assembly, the following Members are hereby nominated to be the Members

of the Fourth Committee on Rules:—

1. Shri L.B. Basnet

2. Shri Athup Lepcha

3. Shri S.M. Limbu

4. Shri K..N. Upreti

5. Shri Sherab Palden

The Speaker shall be the ex-officio Chairman of the Committee.

The term of the Committee shall be one year or till a new Committee is constituted in

accordance with the Rules.

The Committee on Rules shall function in accordance with Rule 271 of the Rules of


SONAM TSHERING,

Speaker,


___________________________________________________________________________________________

PRINTED AT THE SIKKI M GOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ________________________________________________________________________________________


________________________________________________________________________________________


GANGTOK

NOTIFICATION

No. SLAS /82-83/247/40. Dated Gangtok, the 30th March, 1983.

In accordance with Rule 273 B of the Rules of Procedure and Conduct of Business in

the Sikkim Legislative Assembly, the following Members are hereby nominated to be the Mern-

bers of the First Committee on House.

1. Shri B. P. Kharel


3. Shri. M.P. Sharma

4. Shri C.B. Rai

5. Shri P.L. Gurung


Business in the Sikkim Legislative Assembly, Shri 6. P. Kharel is hereby appointed as its

Chairman.

The Committee on House shall function in accordance with Rule 273 B of the Rules



SONAM TSHERING,

Speaker,


_____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 69 Gangtok, Friday, May 6,1983.

________________________________________________________________________________________


NOTIFICATION

Dated Gangtok, the 2nd April, 1983.

No. Elec. 128/14/82—Whereas the State Government of Sikkim by its notification No-

182/7/82(1), dated the 10th January, 1983 held the elections to Gram Panchayats on 17 th Feb-

ruary, 1983:

And whereas, elections in certain wards could not be held in accordance with the

Sikkim Panchayat Election Rules, 1983;

And whereas, the State Government by its notification No. 128/7/82 dated 28th Feb-

ruary, 1983 held the fresh poll in respect of these wards;

And now, therefore, in pursuance of rule 83 of Sikkim Panchayat Election Rules'

1982, the Sikkim Government hereby notifies the names of elected members from these wards:-

______________________________________________________________________________________

Sl. No. and name of No. of seats Name of elected members

Gram Panchayat/Ward

_______________________________________________________________________________________

EAST DISTRICT

3. EAST PENDAM

East Pendam 2 1. Jai Kumar Bhandan

2. Phauda Singh Tamang

SOUTH DISTRICT

9. TARKU TANAK

Tarku 3 1. Birkha Bahadur Kamar

2. Man Bahadur Tewari

3. Sashidhar Sharma

Tanak 2 1. Dhan Bahadur Darjee

2. Dilli Bahadur Baniya.

P. K. PRADHAN,

Secretary,

Rural Develpoment Department

Director of Panchayat Elections, Sikkim

_____________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANTOK.

S I K K I M


EXTRAORDINARY



_________________________________________________________________________________________


NOTIFICATION

Dated Gangtok, the 2nd April, 1983.

No. 128/14/82(1)-Whereas the State Government of Sikkim by its notification No.

Elec.128/7/82/(1), dated 10th January, 1983, held the elections to the Gram Panchayats on 17th

Febuary, 1983;

And whereas some gram panchayats wards failed to elect the full number assigned to

them;

And whereas the State Government by its notification No. Elec. 128/7/82(1), dated the

28th February , 1983 held the elections to the said gram panchayats wards;

And now, therefore, in pursuance of Rule 83 of the Sikkim Panchayat Election Rules'

1982 the State Government hereby notifies the names of the elected members to these Gram

Panchayat wards (other than those in which poll could not be taken or those in respect of

which candidates were declared elected unopposed)

_____________________________________________________________________________________

Sl. No. and nameof No. of Name of elected member

Gram Panchayat Ward seats

_____________________________________________________________________________________

EAST DISTRICT

11. MACHONG

Rewa 1 1. Suk Man Darjee

28. RANKA

Barbing 1 1. Bhim Bahadur Rai

37. DUNG DUNG ARITER

Thasa 1 1. Loden Tshering Lepcha

SOUTH DISTRICT

13. RAMENG NIZARMENG

Nizarmeng 2 1.Brikha Bahadur Sunar

2. Mahendra Gurung

2

__________________________________________________________________________________________________________

1 2 3

__________________________________________________________________________________________________________

14. PERBING

Perbing. 1 1. Da Tshering Sherpa

34. DAMTHANG

Damthang 1 1. Ajitman RAI

Chemchey 1 1. Man Bahadur Rai

P.K. PRADHAN

Secretary,


Director of Panchayat Election

___________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



___________________________________________________________________________________________



Dated Gangtok, the 5th April, 1983.

The following notification No. 56/82-IX, dated the 14th March, 1983 of Elec

Commission of India, New Delhi is hereby published for general information:—

NOTIFICATION

In pursuance of the powers conferred on it by Article 324 of the Constitution read with

rules 5 and 10 of the Conduct of Elections Rules, 1961 and clause (d) of sub-paragraph (1) and

sub-paragraph(2) of paragraph 17 and paragraph 18 of the Election Symbols (Reservation

Allotment) Order, 1968, and all other powers enabling it in this behalf the Election Commission

hereby makes the following further amendments in its notification No. 56/82, dated the

April, 1982, as amended from time to time, namely—

In TABLE 4 of the said Notification—

the symbol 'Flower' specified in column 2,

as free symbol for the States of 1. Haryana, 2. Karnataka, 3. Kerala, 4. Manipur, 5. Sikkim,

6. Tamil Nadu, and Union Territories of 7. Chandigarh, and 8. Goa, Daman and Diu, shall be

deleted and further entries against the said States and Union Territories shall be renumbered

accordingly.

By Order,

TASHI WANGCHUK, Sd/- K. GANESAN,

Under Secretary (Election) Secreatry.

_______________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNMENT PRESS,

S I K K I M


EXTRAORDINARY


No. 72 Gangtok, Friday, May 6, 1983.

________________________________________________________________________________________

No. SKM/GOV/384/843 5th May, 1983

ORDER

In exercise of the powers vested in me under clause (1) of article 164 of the Constitu-

tion, I, Homi J. H. Taleyarkhan, Governor of Sikkim, hereby appoint, on the advice of the

Chief Minister of Sikkim, the following persons to be members of the Council of Ministers:-

1. Shri Bhim Bahadur Gurung.

2. Shri Ram Lepcha.


Governor of Sikkim

____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 73 Gangtok, Tuesday, May 10,1983.

________________________________________________________________________________________


HOME DEPARTMENT

File No. 2(4)Home/82/232. Dated Gangtok, the 9th May. 1983.

NOTIFICATION

The following Order made by the Governor of Sikkim today is published for general

information:—

I, Homi J. H. Taleyarkhan, Governor of Sikkim, hereby order that the portfolios of

the Members of the Council of Ministers shall be allocated and reallocated as follows with

immediate effect:—

1. hri Nar Bahadur Bhandari, Establishment, Planning & Development, Home,

Cheif Minister. Rural Development and Industries.

2. Shri Athup Lepcha orest, Land Revenue, Tourism, Information &

Public Relations, Survey and Settlement.

3. Shri T.R. Sharma Education, Health and Social Welfare.

4. Shri Lachen Gomchen Rimpoche Ecclesiastical, Culture, State Trading Corporation

of Sikkim & Scheduled Castes & Scheduled Tribes.

5. Shri P. B. Gurung Sikkim Nationalised Transport, Food and Civil

Supplies and Power.

6. Shri Samten Tsering Public Works Department & Labour.

7. Shri Chamla Tsering Agriculture, Animal Husbandry, Irrigation and

Co-operation.

8. Shri I. B. Subba Excise and Motor Vehicles Department

9. Shri B.B. Gurung Finance, Law and Legislative.

10. Shri Ram Lepcha Local Self Government & Housing and Mines

Geology.


Governor of Sikkim

M. P. PRADHAN,

Cheif Secreatry,


___________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 74 Gangtok, Tuesday, May 10, 1983.

________________________________________________________________________________________


FINANCE (INCOME TAX & SALES TAX ) DEPARTMENT

NOTIFICATION

No. 131-500/ST Gangtok, dated the 7th April, 1983.

In exercise of the powers conferred by sub-section (3) of section 1 of the Sikkim Sales Tax Act,

1983(4 of 1983), the State Government hereby appoints the 12th day of May, 983 as the date on which the

said Act shall come into force.

K. C. PRADHAN

Secretary,

Finance (Income and Sales Tax ) Department

GANGTOK, SIKKIM.

___________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



________________________________________________________________________________________


FINANCE (INCOME TAX & SALES TAX) DEPARTMENT.

NOTIFICATION

No. 1132-500/ST Gangtok, Dated the 7th May, 1983

In exercise of the powers conferred by clause (b) of sub-section (1) of section 5 of the Sikkim

Sales Tax Act,1983(4 of 1983), the State Government hereby specify the goods in the Table below on

which the tax payable by a dealer under the said Act shall be four paise in the rupee.

THE TABLE.

1. Coal, including coke in all its forms.

2. Hides and Skins, whether in a raw or dressed state.

3. Iron and Steel, that is to say, -

(i) pig iron and cast iron including iron scrap, cast it on scrap, runner scrap and iron skull scrap;

(ii) Steel semis;

(iii) skelp bars, tin bars, sheet bars, hoe-bars and sleeper;

(iv) steel bras;

(v) steel structurals;

(vi) sheets, hoops, strips and skelp, both black and galvanised, hot and cold rolled, plain and corruga-

ted, in all qualities in straight lenghts and in coil form, as roller and in rivetted condition.

4. Jute fibre.

K.C.PRADHAN

Secretary,

finance (Income & Sales Tax) Department,

Gangtok, Sikkim.

__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_______________________________________________________________________________________


FINANCE, (INCOME AND SALES TAX) DEPARTMENT,

GANGTOK

NOTIFICATION

No. 632-500/ST Dated Gangtok, the 7th May, 1983.

In exercise of the powers conferred by section 3 of th Sikkim Sales Tax Act, 1983 (4 of 1983),

the State Government hereby appoints the officers specified in column (2) of the Table below to exercise

the powers and perform the functions conferred or imposed upon them by the said Act and the rules made

thereunder and shall assist the Commissioner of Commercial Taxes with designations as specified in column

(3) of the said Table;

THE TABLE.

___________________________________________________________________________________________

Sl. No. Officer of the Finance Department . Designation

___________________________________________________________________________________________

(1) (2) (3)

___________________________________________________________________________________________

1. Secretary, Finance Department. Commissioner of Commercial Taxes.

2. Joint Secretary,Finance, (IT & ST Department) Joint Commissioner of Commercial Taxes.

3. Senior Sales Tax Officer, Finance, (IT & ST Deputy Commissioner of Commercial

Department). Taxes.

4. Sales Tax Officer Finance, (IT & ST Department) Assistant Commissioner of Commercial

Taxes.

___________________________________________________________________________________________

BY ORDER

K.C.PRADHAN

Secretary,

Finance {Income and Sales Tax ) Department,

GANGTOK, SIKKIM.

____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y _______________________________________________________________________


______________________________________________________________________________________


FINANCE (INCOME TAX & SALES TAX) DEPARTMENT

NOTIFICATION.

No. 1632-500/ST Dated Gangtok, the 7th May, 1983.

In exercise of the powers conferred by section 6 of the Sikim Tax ACt, 1983 (4 of 1983),

the State Government hereby specify the piont of sale at which the goods described in the Table shall be texed.

(a) in case of goods imported into the State of Sikkim from outside Sikkim at the piont of

Sale by the imported ; and

(b) in case of goods manufactured produced or processed in the State of Sikkim at the point

of first sale.

THE TABLE

1. Sikkim Made Foreign Liquor.

2. India Made Foreign Liqour.

3. Cement.

4. Products of Sikkim Fruit Preservation Factory.

5. All petrolium products including Petrol, High speed Diesel Oil, Low speed Diesel Oil, Kerosene Oil

and Liquid Petrolium gas.

6. Fertilizers.

7. Coal.

K. C. PRADHAN

Secretary,

Finance (Income & Sales Tax) Department

Gangtok. Sikkim

____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



________________________________________________________________________________________

No.............GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND

BROADCASTING ORDER OF 19.3.83 IS REPUBLISHED FOR GENERAL INFOR-

MATION:-

ORDER

No.......... In exercise of the powers vested under the provisions of Rule 14(b) of the

Regulating relating to the working of the Film Advisory Board, the Central Government

hereby approves film specified in column 2 of the Schedule annexed hereto in all its/their

language version to be of the description specified against it/each in column 6 of the said

schedule.

SCHEDULE

Sl Title of Length of the Name of Name of the Brief synopsis whether

No. the film film in metres. applicant producer a scientific film or for

educatinoal purposes

or a film dealing with

news, current events

and documentary film

____________________________________________________________________________________

1 2 3 4 5 6

____________________________________________________________________________________

1. INR 1775 & 257 Film Division Govern- News and current events.

ment of India, 24- Peddar General and regional res-

Road, Bcmbay-26 pectively.

2. INR 1776 & 274 -do- -do-

INR 1776

(Regional North)

3. INR 1777 & 258 -do- -do-

INR 1777

(Regional East)

4. INR 1778 & 286 -do- -do-

INR 1778

(Regional South)

5. INR 1779 303 Films Division Govern- News and current events

ment of India, 24-Peddar General release

Road , Bombay -26.

2

__________________________________________________________________________________________________

1 2 3 4 5 6

__________________________________________________________________________________________________ 6. INR 1780 166 -do- -do.

7. INR 1781 & 244 -do- News and current events

INR 1781 General and regional re-

(Regional West) lease respectively.

8. INR 1782 & 299 -do- -do-

INR 1782

(Regional North)

9. INR 1782-A 134 -do- News and current events

General release

10. INR 1783 & 292 -do- News and current events

INR 1783 -do- General and regional

(Regional East) lease respectively

11. INR 1784 & 301 -do- -do-

INR 1784

(Regional South)

12. INR 1785 & 271 -do- -do-

INR 1785

(Regional West)

13. INR 1786 & 280 -do- -do-

INR 1786

(Regional North)

14. INR 1787 & 278 -do- -do-

INR 1787

(Regional East)

15. INR 1788 79 -do- News and current events

General release

16. INR(Asiad-82 591 -do- -do-

News)special No. 1

17. INR(Asiad-82

News Special 608 -do- -do-

No. 2)

18. INR(Asiad-82 606 Film Division, News and current Govenrnent of events

News Special General release.

No. 4) India, 24-Peddar Road, Bombay-26.

19. INR(Asiad-82 602

News Special

No. 4) -do- -do-

20. INR(Asiad-82

Newes Special 602 - do- -do-

No. 5) File No. 315/l/83-F(P)

(SUKUMAR MANDAL), Desk Office

Tele: 384995

M. P.PRADHAN

Chief Secretary


No. 7(6)Home/83

___________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.79 Gangtok, Tuesday, May 17,1983.

_______________________________________________________________________________

No......................GOVERNMENT OF INDIA, MINISTRY OF INFORMATION AND

BROADCASTING ORDER 19.3.83 IS REPUBLISHED FOR GENERAL INFORMA-

TION:-

ORDER

S.O................In exercise of the powers vested under the provisions of Rule 14(b) of the Rules

relating to the working of the Film Advisory Board, the Central Government hereby approves

film specified in column 2 of the Schedule annexed hereto in all its language versions to be of

the description specified against it in column 6 of the said schedule:

SCHEDULE

Sl. Time of Length of the Name of the Name of the Brief synopsis whether a

No. the film film in mtrs applicant producer scientific film or for edu-

cational purpose or a film

dealing with news, current

events documentary film

________________________________________________________________________ 1 2 3 4 5 6

______________________________________________________________________________________

1. Mere sapnon 528.33 Dr. Pratibha Kumari Singh Documentary for general

Ma Shree Karni Films Pvt. realease.

Ltd., Pintoville, 11th Floor,

S.K. Bole Road (Dadar West)

Bombay-400 028.

File No. 314(26)/81-F(P)

SUKUMAR MANDAL,

Desk Officer.

Tele:384995

M. P. PRADHAN,

Chief Secretary,


No. 7(6)Home/83.

__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_________________________________________________________________________________________


HOME DEPARTMENT

NOTIFICATION

No. 6(18)Home/1979/8. Dated Gangtok, the 4th April, 1983.

The Governor of Sikkim has been pleased to accept the resignation tendered by

Shri D.P. Chowdhury, Advocate General of Sikkim, with effect from the forenoon of 1st April

1983.

M. P. PRADHAN,

Chief Secretary,


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 81 Gangtok, Thursday, May 19,1983.

________________________________________________________________________________________


CO-OPERATIVE DEPARTMENT

Notificaion No. 1 Dated Gangtok, the 27th April, 1983.

It is hereby notified for information of the general public that the Sikkim State Co-

operative Bank Limited was registered under sub-section (1) of section 8 of the Sikkim Coopera-

tive Societies Act, 1978 (12 of 1978) vide registration No. 93, dated 13th February 1979.

R. B. MUKHIA,

Registrar,

Cooperative Societies Sikkim,

Gangtok.

______________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 82 Gangtok, Thursday, May 19,1983.

_________________________________________________________________________________________


GANGTOK

No. SLAS/83-84/182. Dated Gangtok, the 28th April, 1983

The following order of the Governor of Sikkim dated 26th April, 1983 is published for

general information:

"No. SKM/GOV/344/83- In exercise of the powers conferred by Article 174 (2) (a) of

the Constitution, I, Homi J.H. Taleyarkhan, Governor of Sikkim, hereby prorogue the Sikkim

Legislative Assembly which was summoned to meet on Tuesday, 15th March, 1983.


Governor of Sikkim

R. K. GUPTA,

Secretary.


_________________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y _________________________________________________________________________________________

No. 83 Gangtok, Thursday, May 19, 1983.

_________________________________________________________________________________________


HOME DEPARTMENT

No. 41(3)Home/79/176. Dated Gangtok, the 30th April, 1983

NOTIFICATION

The State Government have approved the raising of share holding capacity of SIDICO

from Rs. 1 crore to Rs. 2 crores and the participation of the Industrial Development Bank of

India in the share capital on a matching basis to the extent of Rs. 1 crore.

M. P. PRADHAN,

Chief Secretary,


________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 84 Gangtok, Monday, May 23, 1983.

_______________________________________________________________________________________



Dated Gangtok, the 2nd February, 1983.

The following Order No. 76/SKM-LA/29/79, dated 18th December, 1982 of Elec-

tion Commission of India, New Delhi is hereby published for general information:—

ORDER

Whereas, Shri Phuchung Tshering, Rangpo, East Sikkim, who was a contesting candi-

date for general election to the Sikkim Legislative assembly held in October, 1979 from 29-Assam

Lingjey constituency was disqualified by the Election Commission vide its order No. 76/SKM-

LA/29/79 dated the 1st April, 1981 under section 10A of the Representation of the People Act,

1951 for failure to lodge the account of his election expenses as required by the said Act and

the rules made thereunder;

And whereas, the said Shri Phuchung Tshering had submitted a petition before the

Election Commission of India praying for the removal of the disqualification imposed on him

giving reasons for his failure to lodge the account of election expenses as required by law;

And whereas, the Election Commission having taken into account the said petition

and after giving a personal hearing to him are of the view that the earlier order of April 1,

1981 merits a revision;

Now, therefore, in exercise of the powers conferred by section 11 of the said Act, the

Election Commission reduces the period of disqualification imposed on Shri Phuchung Tshering

to the period of disqualification already sufferred by him and removes the disqualification for

the unexpired period with effect from the 18th December, 1982.

By Order,

TASHI WANGCHUK, Sd/- S. C. JAIN,

Under Secretary (Election) Under Secretary.

_____________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.85 Gangtok, Monday, May 23,1983.

______________________________________________________________________________________

The following notification No. l/7/75-F(P)F(C) dated 28th March, 1983 of the

Government of India, Ministry of Information and Broadcasting is hereby republished or


NOTIFICATION

No. 611/LSGHD.

In pursuance of para 1(2) of the Ministry of Home Affairs' notification No. 1103/7/78-

SKM dated 27.12.1978 published as S.O. 738 (E) in the Gazette of India; Extraordinary Part II-

section 3-sub-section (ii) dated 27.12.78, the Central Government hereby appoints the 1st day

of April 1983 as the day on which the Cinematograph Act 1952 (37 of 1952) shall come into

force in the State of Sikkim.

(No. l/7/76-F(P)/F(C)

Sd/- SURESH MATHUR,

Joint Secretary to the Government

of India, Tel: 383775.

J. T. DENSAPA,

Home Secretary,


____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 86 Gangtok, Monday, May 23, 1983.

______________________________________________________________________________________

HIGH COURT OF SIKKIM

GANGTOK

No. 32/HCS. Dated 2nd May, 1983

NOTIFICATION

It is hereby notified for general information that the days enumerated in the Schedule

below shall be observed as Holiday by the High Court of Sikkim during the year 1983.

______________________________________________________________________________________

SCHEDULE

______________________________________________________________________________________

Sl. Festivals Date & Month Days of No. of Remarks

No. Week Days

______________________________________________________________________________________

1. All Sundays — — 52

2. New Year's Day 1st January Saturday 1

3. Magh Sankranti 14th to 15th Friday &

January Saturday 2 Vacation

4. Republic Day 26th January Wednesday 1 Vacation

5. Dol Jatra (Holi) 29th March Tuesday 1

6. Good Friday 1st April Friday 1

7. State Day 16th May Monday 1

8. Saga Dawa 26th May Thursday 1

9. Monsoon Break 11th to 16th Monday to

July Saturday 6

10. Inpendenee Day 15th August Monday 1

11. Pang Lhabsol 23rd August Tuesday 1

12. Janam Ashtami 31st August Wednesday 1

13. Durga & Laxmi 14th October to Friday to

14. Puja holidays 8th November Tuesday 24

_______________________________________________________________________________________

VACATION:— 1. Winter Vacation from 3rd January to 5th March, 1983.

2. Christmas Vacation from 19th to 31st December, 1983.

NOTE:- The above Schedule does not indicate Tibetan New Year's day on 13th February

and Gandi Jayanti on 2nd October, as holidays, because they fall on Sundays.

By Order

(AMARJIT CHOPRA),

Registrar.

_______________________________________________________________________________________


S I K K I M


EXTRAORDINARY



___________________________________________________________________________________________


FINANCE (INCOME AND SALES TAX) DEPARTMENT

NOTIFICATION

No. 2633-500/ST. Dated Gangtok, the 7th May, 1983.

In exercise of the powers conferred by clause (c) of sub-section (1) ot section 5 of the

Sikkim Sales Tax Act, 1983 (4 of 1983), the State Government hereby specify the goods in the

Table below on which the tax payable by a dealer under the said Act shall be five paise in the

rupee.

THE TABLE

1. Alkathene Pipes and Polythene Pipes. 22. Electrical goods excepting heaters.

2. Areated water and Cold Drinks of all 23. Chemical fertilisers.

varieties. 24. Foot-wear of all varieties.

3. Acid of all kinds. 25. Fountain-pen

4. Aluminium. 26. Gold.

5. Attaches or Suit Cases. 27. Gold Ornaments other than those set

6. Biscuits,whether imported from outside with diamond, stones or pearls,

the State or manufactured locally. 28. Glasses of all varieties.

7. Ladies' handbags. 29. Goggles and spectacles.

8. Purses. 30. Glue (Gum).

9. Bedding Holders. 31. Hardware goods.

10. Blankets. 32. Incense.

11. Ball Pen and its refill 33. Indian Made Foreign Liquor.

12. Beer 34. Ink and Ink Pad.

13. Boot Polish, Shoe Polish and Cream. 35. Knitting Machines and its accessories.

14. Caustic Soda and other chemicals. 36. Knitting Wool.

15. Cement. 37. Kerosene Oil

16. Cooking Gas, Ovens and accessories. 38. Leather goods.

17. Crockeries and cutlaries. 39. Lime.

18. Coffee and Chicory. 40. Lubricants of all varieties.

19. Chocolates, toffees, chewing gum. 41. Manihari goods.

20. Dolls. 42. Neck-tie.

21. Edible oil except mustard oil and any 43. Safety matches.

other oil specified in Schedule I. 44. Milk products packed in tin.

2

45. Oxide. 59. Shaving Lotion and Cream.

46. Plastic granules and Plastic products. 60. Socks of all varieties.

47. Playing Cards. 61. Stationeries.

48. Protable Foreign Liquor. 62. Tinned Food Stuff.

49. Ply wood. 63. Toys.

50. Readymade Garments. 64. Torch Lights.

51. Rubber Products. 65. Torch Cells.

52. Sanitary Fittings. 66. Tooth Brush.

53. Soaps. 67. Tooth Powder.

54. Spices. 68. Tumblers.

55. Sports goods. 69. Umbrellas of all varieties,Rain Coats

56. Sikkim Made Foreign Liquor. and Gum-boots.

57. Sewing Machines and its accessories. 70. Watches Straps of kind.

58. Shaving blade. 71. Timber.

K.C.PRADHAN

Secetary,

Finance (Income and Sales Tax) Department


____________________________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVENRMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY


No.88 Gaogtok, Friday, May 27,1983.

________________________________________________________________________________________


HOME DEPARTMENT

No. 15(1) Home/83/225. Dated Gangtok, the 9th May, 1983.

NOTIFICATION

The Government of Sikkim, hereby, permits 20 Mountain Division to conduct their

training exercise in the following areas with effect from 5th May, to 20th May, 1983.

(a) Rangpo

(b) Singtam

(c) Area West of R Tista

(d) Rds Rangpo-Namchi and Singtam-Rabang La.

This permission to conduct their training exercises in the above mentioned areas is

subject to the following conditions which Col SPS Kanwar, Col GS, 20 Mountain Division, HQ

20 MTN DIV, C/O 99 APO has agreed to fulfill.

(a) That cultivated area and forest land shall not be occupied.

(b) Damages shall not be caused to land, crops and standing trees. In the event of

any damage as a result of exercises to the standing trees, crops, private land and

forest land, necessary compensation will be borne by 20 Mtn Divn, c/o 99 APO.

M. P. PRADHAN,

Chief Secretary,


_________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



______________________________________________________________________________________



Notification No. 2 Dated Gangtok, the 9th May, 1983.

It is hereby notified that the following Societies were registered under sub-section

(1) of the Sikkim Co-operative Societies Act, 1978 (Act, No. 12 of 1978) on the dates and under

the Registration number mentioned below against each Society.

Sl Name of the Registration Date of registration

No. Society No.

1. Kanchanjunga Consumers' Coop.

Society Ltd. 137 11.2.82

2. The Rakdong Tintek Consumers' Coop.

Society Ltd. 138 20,7.82

3. Yoksum Consumers' Coop.

SoceityLtd. 139 11.8.82

4. Passingdong Multipurpose Coop.


5. The Sikkim Govt. Employees Coop.

Canteen Ltd. (W. Sikkim) 141 10.11.82

6. Lachen Consumers' Coop.

SocietyLtd. 142 27.11.82

7. Tea Garden Consumers' Coop.


8. The Sikkim State Coop. Supply &

Marketing Federation Ltd. 144 12.01.83

9. The Machong Riwa Consumers Coop.


10. Sikkim Industrial Coop. Manufacturing,

Processing, Marketing & Trading


11. Raley Khasey Consumers' Coop.


R.B. MUKHIA,

Registrar,

Cooperative Societies Sikkim, Gangtok.

__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_____________________________________________________________________________________



Dated Gangtok, the 27th May, 1983.

The following notification No. 56/82-X, dated 21st May, 1982 of Election Commis-

sion, of India, New Delhi is hereby published for general information—

NOTIFICATION

In exercise of the powers conferred by clause (d) of sub-para (1) and sub-para (2) of

Paragraph 17 of the Election Symbols (Reservation and Allotment) Order, 1968, the Election

Commission hereby makes the following further amendments to its notification No. 56/82,

dated 8thApril, 1982, published in the Gazette of India, Extraordinary, Part II, Section 3(iii),

dated the 12th April 1982—

In Table 4 appended to the said notification against item 7. JAMMU & KASHMIR

mentioned in column 1, insert the following entry in column 2 thereof:—

"20. Elephant."

The above amendment shall be deemed to have come into force with effect from 4th

May, 1983.

By Order,

Sd/- K. GANESAN,

Secretary.

TASHI WANGCHUK,

Under Secretary (Election)

_________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 91 Gangtok, Friday, June 3, 1983.

______________________________________________________________________________________


NOTIFICATION

No. 7 A/Home Dated Gangtoko, the 8th March, 1983.

In pursance of sub-rule (2) of rule 11 of the conduct of election Rules, 1961, the

following is published for general information:-

FORM 7 A

LIST OF CONTESTING CANDIDATES

Bye-Election to the Legislative Assembly from 26-Rakdong Tintek (BL) Constituency.

_______________________________________________________________________________________

Sl. Name of Address of Symbol alloted

No. candidates candidates

_______________________________________________________________________________________

1. Dorjee Dadul Lasopa Tumin Car

2. Dugo Bhutia Ranipool Hurricane Lamp

3. Phur Tshering Lepcha Mangmo Bow and Arrow

4. Rinzing Tongden Lepcha Rakdong Rising Sun

5. Sonam Tshering Bhutia Simik Lingjey Hand

6. Sonam Pintso Bhutia Tumin Scale

_______________________________________________________________________________________

TASHI TOPDEN, IAS

Gangtok Returning Officer,

the 8th March, 1983. 26-Rakdong Tintek (BL) Assembly

Constituency.

__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



___________________________________________________________________________________________


NOTIFICATION

No. 8/Home Dated Gangtok the 28th March, 1983.

In pursuance of the provisions of section 67 of the Representation of the People Act,

1951 (Act 43 of 1951),the following declaration containing the name of the candidate elected

from the Constituency referred to therein is hereby published for general information:-

DECLARATION OF THE RESULT OF ELECTION UNDER SECTION 66 OF

THE PRESENTATION OF THE PEOPLE ACT, 1951.

Bye election to the Legislative Assembly of Sikkim from 26-Rakdong Tintek (BL)

Assembly Constituency.

In pursuance of the provisions contained in section 66 of the Representation of the

People Act, 1951, read with rule 64 of the Conduct of Election Rules, 1961,I declare that:-

Shri Sonam Tshering Bhutia

Simick Lingjey, East Sikkim

has been duly elected to fill the vacancy caused in that house by the resignation

of Shri Dugo Bhutia.

TASHI TOPDEN, IAS

Gangtok Returning Officer,

the 27th March, 1983. 26-Rakdong Tintek (BL) Assembly

Constituency.

________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


Gangtok No.93 Dated 7th June, 1983

___________________________________________________________________________________________


Labour Department

NOTIFICATION NO : 1/DL

DATED : GANGTOK, THE 13TH JUNE, 1983

Whereas the draft of the Inter State Migrant Workman (Regulation

of employment & Conditions of Service) Rules, 1983 was published as

required under Sub-Section (1) of Section 35 of the Inter-State Migrant

Workman (Regulation of Employment & Conditions of Service) Act, 1979

in the Sikkim Government Gazette No. 19 dated 25.2.83 inviting objections

and suggestions from all persons likely to be affected thereby, till the expiry

of a period of forty five days from the date of publication of the said

Notification in the Official Gazette.

And whereas no objections and suggestions have been received from

any person on the draft;

Now, therefore, in exercise of the powers conferred by Sub-Section

(1)of Section 35 of the said Act, the State Government hereby makes the

following rules, namely;

ERRATA

'Page 2 : Sec : 5, line 2—insert 'ap' before 'plication'.

Page 3 : line 1—insert 'of before 'a licence'.

Page 6 : 13(C), line 3—delete 'from' and insert 'form'.

Page 7 : 18(1) (iii), line 3—read 'apaeaP as 'appeal'.

Page 9 : 23(B), line 7-insert comma after 'workman'.

Page 11 : 31(1), line last-insert— "within a period of seven days from the date

of presentation" after "workman concerned" and before

"of the bill".

Page 11 : 31(3), line 2—read 'noe' as 'one'.

Page 15 : 35(14), line 2—read "conspiciously" as "conspicuous

Page 18 : 45(1), line 4—read 'registered' as 'register'.

Page 19 : 46(2) (C)-should be in order as of form XIX, XX am

as shown in page 46 and 47.

Page 19 : 46(3), line 1—read 'there' as 'these'.

Page 19 : 46(3), line 5—read 'f rms' as 'forms'.

Page 20 : 51(2), line 1—read 'furnished' as 'furnish'.

Page 26 : form V, Col. 8, last line—read 'in' as 'is' before enclosed

Page 28 : Form VI, line 5—read '1980' as '1983' before 'in so far'

and after 'rules'.

Page 33 : form 'X'—insert bracket before 'see' and after '21'

Insert bracket before 'form' in the 1st line.

Page 34 : Insert bracket after 'recruited'.

Delete bracket before 'Copy forwarded to'.

Page 35 : line 2—Insert "of the" before "inter-State" and bracket

after "1979" in line 3.

Page 48 : form XXI—Col. 7—read "propose (s)" as "purpose (s)".

THE INTER-STATE MIGRANT WORKMEN (REGULATION OF

EMPLOYMENT AND CONDITIONS OF SERVICE) RULES, 1983.

CHAPTER—I

1. Short title and Commencement :- (1) These rules dray be called the Inter -state Migrant

Workmen(Regulation of Employment and Conditions of Service) Rules, 1983.

They shall come into force on the date of their publication in the official gazette.

2. Definations :- In these rules unless the subject or context otherwise requires :-

(a) "Act" means the Inter-State Migrant Workmen (Regulation of Employment and

Condition of Service) Act, 1979.

(b) "Appellate Officer" means an appellate officer nominated by the State Government

under section - 11.

(c) "Secretary" means the Secretary to Government of Sikkim in Labour Department.

(d) "Form" means a form appended to these rules ;

(e) "Inspector" means an inspector appointed by the State Government under section 20 ;

(f) "Licensing officer" means the licensing officer appointed by the State Government

under section 7;

(g) "Migrant workman" means an Inter-State Migrant workman as defined in section 2 ;

(h) "Registering officer" means the registering officer appointed by the State Government

under section 3;

(i) "Section" means a section of the Act;

(j) "Specified authority" means the authority specified by the State Government for the

purpose section 12 and 16 ; and

(k) All other words and expressions used in these rules but not defined therein shall have

the meanings respectively assigned to them in the Act.

CHAPTER—II

3. Manner of making application for registration of establishments :- (a) The application

for registration of an establishment shall be made in triplicate in Form I to the registering

officer of the area in which the establishment sought to be registered is located.

(b) The application shall be accompanied by a crossed demand draft showing payment

of fees for the registration, of the establishment.

(c) The application shall be either personally delivered to the registering officer or

sent to him by registered post.

(d) On receipt of the application, the registering officer, shall after noting thereon

the date of receipt by him of the application, give an acknowledgement to the applicant.

4. Issue of certificate of registration :- (a) Where the registering officer registers

the establishment, he shall issue to the principal employer a certificate of registration.

in Form II.

(b) The registering officer shall maintain a register in Form III showing the particulars

of the establishment in relation to which certificates of registration are issued by him.

(c) If, in relation to an establishment, there is any change in the particulars specified

in the certificate of registration, the principal employer of the establishment shall reject

to the registering officer, within thirty days from the date when such change take place,

the particulars of, and the reasons for, such change.

5. Circumstances in which application for registration may be rejected :- (a) If any

plication for registration is not complete in all respects, the registering officer shall

require the principal employer to amend the application so as to make it complete in

all respects.

(b) If the principal employer, on being required by the registering offlcer to amend

his application for registration, omits or fails to do so, the registering officer shall reject

the application for registration.

6. Amendment of certificate of registration :- (a) Where on receipt of the intimation

under sub-rule (c) of rule 4, the registering officer is satisfied that an amount higher

than the amount, which has been paid by the principal employer as fee for the registration

of the establishment is payble, he shall require such principal employer to deposit a sum

which, together with the amount already paid by such principal employer, would be equal

to such higher amount of fees payable for the registration of the establishment and to

produce a receipt showing such deposit.

(b) Where, on receipt of the intimation referred to in sub-rule (c) of rule 4, the

registering officer is satisfied that there has occured a change in the particulars of the

establishment, as entered in the register in Form III, he shall amend the said Register

and record therein the change thus occurred :

Provided that no such amendment shall affect anything done by any action takenn or any

right, obligation or liability acquired or incurred before such amendment.

Provided further that the registering officer shall not carry out any amendment in

the register in Form III unless the appropriate fees have been deposited by the principal.

employer.

7. Application for a licence :- (a) Every application by a contractor for the grant

(2)

a licence for recruiting a person under clause (a) of section (i) of section 8 shall be

made in triplicate, in Form IV to the licensing officer having jurisdiction in relation to the

area wherein recruitment is made.

(b) Every application by a contractor for employing a migrant workman under

clause (b) of sub-section (1) of section 8 shall be made, in Form V to the licensing officer

having jurisdiction in relation to the area wherein the establishment is situated.

(c). (i) Every application for the grant of a licence under sub-rule (a) or sub-rule

(b) shall be accompanied by a certificate of the principal employer in Form VI to the

effect that he undertakes to be bound by all the provisions of the Act and the rules made

thereunder so far as they are applicable to him in respect of the recruitment or employment

of the migrant workman, in respect of which the contractor is making the application.

(ii) Every such application shall be either personally delivered to the licensing officer

concerned or sent to him by registered post.

(d) On receipt of the application referred to in sub-rule (a) or sub-rule (b), the

licensing officer concerned shall after noting thereon the date of receipt of the application,

grant an acknowledgement to the applicant.

(e) Every application referred to in sub-rule (a) shall also be accompanied by the

reciept obtained as required by rule 20.

8. Matters to be taken into account in granting or refusing a licence:- In granting

or refusing to grant a licence the licensing officer shall take the following matters into

account, namely:-

(a) Whether the applicant—

(i) is a minor or

(ii) is of unsound mind and stands so declared by a

competent court, or

(iii) is an undischarged insolvent, or

(iv) has been convicted at any time during the period of five years

immediately preceding the date of application, for an offence which,

in the opinion of the State Government, involves moral turpitude.

(b) Whether any order has been made in respect of the applicant

under sub—section (a) of section 10, and if so, whether a period

of three years has elapsed from the date of that order.

(c) Whether the fees for the application has been deposited at the

rates specified in rule 12, and

(c) Whether security, wherever necessary, has been deposited by the

applicant at the rates specified in sub-rule (a) of rule 10.

9. Reffusal to issue licence :- (a) On receipt of the application from the contractor,

and as soon as possible thereafter the licensing officer shall investigate or cause investigation

to be made to satisfy himself about the correctness of the fact and particulars furnished

in such application and the eligibility of the applicant for a licence.

(b) (i) Where the licensing officer is of the opinion that the licence should not be issued,

he shall after affording reasonable opportunity to the applicant to be heard, make an order

rejecting the application.

(3)

(ii) The order shall record the reasons for the refusal and shall be communicated

to the applicant.

10. Security :- (a) Where the licensing officer is satisfied in accordance with the

procedure laid down in the provision to, sub-section (b) of section 8, that any person

who has applied for or who has been issued a licence should furnish security for the date

performance of the conditions of the licence, he shall prepare an estimate of the amount

needed to provide for recruitment or employment of migrant workmen on the basis of

the factors specified in sub-section (c) of the said section and after considering the

solvency,of such person, determine the amount of the security to be furnished by such

person, which shall not exceed forty per cent of the amount estimated by him.

(b) Where the applicant for the licence was holding a licence in regard to another

work and that licence had expired the licensing officer, if he is of the view that any

amount out of the security, if any deposited in respect of that licence is to be refunded

to the applicant under Rule 17, he may on an application made for the purpose in

Form VII by the applicant adjust the amount so to be refunded towards the secu-

rity, if any required to be deposited in respect of the application for the new licence

and the applicant need deposit, is such a case, only the balance amount, if nay after

making such adjustment.

11. Forms and terms and conditions of licence :- (1)Every licence issued under

sub-section (a) of section 8 shall be in Form VIII.

(2) Every licence granted under sub-rule (1) or renewed under Rule 15 shall be

subject to the following conditions, namely:-

(i) the licence shall be non-transferable:

(ii) the terms and conditions of the agreement or arrangement or the arran-

gement under which the migrant workmen is recruited or employed:

(iii) the number of migrant workmen recruited or employed:

(iv) the number of workmen recruited or employed as migrant workman in

the establishment shall not, on any day exceed the maximum number

specified in condition (iii):

(v) the rates of wages payable to the migrant workmen by the contractor shall not

be less than the rates prescribed under the Minimum Wage Act, 1948 or

the rates fixed by the State Government, as the case may be, for such

employment and where the rates have been fixed by agreement , settle-

ment or award, not less than the rates so fixed ;

,

(vi) Save as provided in these rules the fees paid for the issue, or, as the case

may be, for renewal of licence shall be non-refundable :

(vii) (a) in cases where the migrant workmen recruited or employed by the

contractor perform the same or similar kind of work as the workman

directly employed by the principal employer of the establishment the wages

rates, holidays, hours of work and pther conditions of service of the

migrant workmen of the contractor shall be the same as applicable to

the workmen directly employed by the principal employer of the establishment

on the same or similar kind of work :

Provided that in the case of any disagreement with regard to the type of

work, the same shall be decided by the Secretary whose decision shall be final:

(4)

(b) in other cases, the wage rates, the holidays hours; of work and conditions of

service of the migrant workmen recruited or employed by the contractor

shall be such as prescribed in these rules.

(viii) every migrant workman shall be entitled to allowances, benefits facilities

etc, prescribed in the Act and the rules:

(ix) no female migrant worker shall be employed by any contractor before

6 A.M. or after 7 P. M.

Provided that this clause shall not apply to the employment of female migrant

workers in Pit head Baths, Creches and canteens and Midwives and Nurses in

hospitals and dispensaries :

(x) the contractor shall notify any change in the number of migrant workmen

or the conditions of work to the licensing officers;

(xi) the contractor shall comply with all the provisions of the Act and the

rules;

(xii) a copy of the licence shall be displayed prominently at the permises where

the migrant workmen are employed :

(xiii) the period for which the licence shall be valid.

12. Fees :- (A) The fees to be paid for the grant of certificate of registration

of an establishment under section 4 shall be as specified below :-

If the number of migrant workmen proposed to be employed in the establishment-

on any day Rs. Ps.




(d) exceeds 100 but does not exceed 200 300.00

(e) exceeds 200 but does not exceed 400 600.00

(f) exceeds 400 750.00

(B) The fees to be paid for the grant of licence under sub-section (c)

of section 8 shall be as specified below :-

If the number of migrant workmen recruited or employed by the contractor on any

day-

Rs. Ps




(d) exceeds 100 but does not exceed 200 80.00

(e) exceeds 200 but does,not exceed 400 160.00

(f) exceeds 400 200.00

(5)

13. Amendment of the licence :- (A) A licence issued under Rule 11 or renewed

under Rule 15 may, for good and sufficient reasons, be amemded by the licensing

officer.

(B) The contractor who desires to have the licence amended shall submit to to the

licensing officer an application stating the nature of amendment and reasons therefor.

(C) (i) If the licensing officer allows the application he shall require the applicant

to furnish a crossed demand draft for the amount if any, by which the fees that would

have been payable if the licence had been originally issued in theamended from exeeds the

fee originally paid for the licence.

(ii) On the applicant furnishing the requisite receipt, the licence shall be amended

according to the orders of the licensing officer.

(D) Where the application for amendment is refused, the licensing officer shall

record the reasons for such refusal and communicate the same to the applicant.

14. Renewal of licence:—(a) Every codtractor may apply to the licensing officer

for renewal of the licence.

(b) The application shall be in Form IX in triplicate and shall be made not less

than thirty days before the date on which the licence expires, and if the application

is so made the licence shall be deemed to have been renewed until such date when

the renewed licence is issued.

(c) The fees chargeable for renewal of the licence shall be the same as for the grant

thereof :

Provided that if the application for renewal is not received within the time speci-

fied in sub rule (b), a fee of twenty-five per cent in excess of the ordinarilly payable

for the licence shall be payable for such renewal:

Provided further that in case where the licensing officer is satisfied that the delay

in submission of the application is due to unavoidable circumstances beyond the control

of the contractor, he may reduce or remit as he deems fit the paymant of such excees fee.

15. Period of renewal of the licence :- Every licence renewed under the rule 15

shall remain in force for a further period of twelve months from the date of the

order of renewal.

16. Period of duplicate certificate of registration or licence : — Where a certificate or

registration or licence granted or renewed under the preceding rules has been lost,

defaced or accidentally destroyed, a duplicate thereof mayable granted on paymentof

fees of Rs. 10/-.

17. Refund of security :— (A) (i) On expiry of the period of licence the contractor

may, if he does not intend to have his licence renewed or get the security amount

adjusted in respect of his fresh application for licence in terms of sub-rule (b) of rule

10 makes an application to the licensing officer for the refund of the security , if any

deposited by him under rule 10.

(ii) If the licensing officer is satisfied that there is no breach of the conditions

of licence or there is no order under section 10 for forefeiture of security or any

portion thereof, he shall direct the fund of the security to the applicant.

(B) If there is any order directing the forefeiture of the whole or any part of the

security, the amount to be forefeited shall be deducted from the security deposit, and

balance, if any, shall be refunded to the applicant.

(6)

(C) The application for refund shall as far as possible be disposed of within sixty

days of the receipt of the application.

18. Appeals and procedure :- (A) (i) Every appeal under section 11 shall be pre-

ferred in the form of a memorandum signed by the appellant or his authorised agent

and presnted to the appellate officer in person or sent to him by registered post.

(ii) The memorandum shall be accompanied by a certified copy, of the order and

a crossed demand draft for Rs. 25.

(B) The memorandum shall set forth precisely and under distinct heads the grounds

of appeal to the order appealed from.

(C) Where the memorandum of appeal does not comply with the provision of

sub-ruIe (B) it may be rejected or returned to the appellant for the purpose of being

amended within a time to be fixed by the appellate officer.

(D) Where the appellate officer rejects the memorandum of appeal under sub-rule (3)

he shall record the reasons for such rejection and communicate the same to the appellant.

(E) Where the memorandum of appeal is in order, the appellate officer shall admit

the appeal, endorse thereon the date of presentation and shall register the appeal in

the register of appeal kept for the purpose.

(F) (i) When the appeal has been admitted, the appellate officer shall send a

notice to the registering officer or the licensing officer, as the case may be, from whose

order the appeal has been preferred. The registering officer or as the case may be, the

licensing officer shall thereupon send the record of the case to the appellate officer.

(ii) On receipt of the record the appellate officer shall send a notice to the

appellant to appear before him on such date and time as may be specified in the

notice for the hearing of the appeal.

(G) If on the date fixed for the hearing, the appellant does not appear, the

appellate officer may dismiss the appeal for default of appearance of the appellant.

(H) (i) Where an appeal has been dismissed under sub-rule (G), the appellant may

apply to the appellate officer for re-admission of the appeal, and where it is proved

that he was prevented, by any sufficient cause from appearing when the appeal was called

on for hearing, the appellate officer shall restore the appeal on its original number.

(ii) An application under clause (i) shall, unless the appellate officer extends the

time for sufficient reason, be made within thirty days of the date of dismissal.

(I) (i) If the appellant is present when the appeal is called on for hearing, the

appellate officer shall proceed to hear the appellant or his authorised agent and any

other person summoned by him for the purpose, and pronounce judgement on the

appeal either confirming, reversing or modifying the order appealed from.

(ii) The judgement of the appellate officer shall state the points for determination,

decisions thereon and the reasons for the decisions.

(iii) The order shall be communicated to the appellant and a copy thereof shall

be sent to the registering officer or the licensing officers, as the case may be, from

whose order the apaeal has been preferred.

19. Obtaining of copies of order :—A copy of the order of the registering officer,

licensing officer or appellate officer may be obtained on payment of a fees of Rs. 2 per

(7)

copy of each order on application specifying the date and other particulars of the

order, made to the officer concerned.

20. Payment of fee and security deposits :— (1) The payment of the various fees

relating to registration, licensing and security deposits shall be made through a crossed

Demand Draft drawn in favour of the concerned departmental officer and payable at the

station at which he is stationed alongwith a Treasury Challan duly filled in indicating the

relevant head of account creditable to the account of the concerned finance Department.

(2) The heads of accounts under which the receipts relating to the fees for registrations,

licensing and appeals etc. shall be credited will be "087-Labour & Employment."

CHAPTER III

Duties of the Contractor

21. Particulars of migrant workman :- (a) Every contractor shall furnish to he

specified authorities the particulars regarding recruitment and employment of migrant

workmen in Form X.

(b) The particulars shall be either personally delivered by the contractor to the

concerned specified authorities or sent to, them by registered post.

22. Return fare :- The contractor shall pay, to the migrant workman the rerurn

fare from the place of employment to the place of residence in the home-state of

the migrant workman on the expiry of the period of employment and also on his-

(a) termination of service before the expiry of the period of employment for any

reason what-so-ever :

.

(b) being incapacitated for further, employment on acpount of injury or continued

ill-health duly certified as such by a registered medical practitioner :

(c) cessation of work in the establishment which is not due to any fault on the

part of the migrant workman : and

(d) resignation from service on account of non-fulfilment of terms and conditions

of his employment by the contractor.

23. Pass Book :— (A) In the pass book referred to in clause (b) of sub-section

(1) of section 12, of the Act the following additional particulars shall be indicated, namely:-

(a) the date of recruitment :

.

(b) the date of employment :

(c) total attendance/unit of work done ( in respect pf piece-rated migrant)/ total

wages earned/deductions if any made/net amount paid and signature of con-

tractor or his duly authorised representative with date : and (These entries

shall be made separately in respect of each wage period within three days

from the date of payment) :

(d) name and address of the next of kin of migrant workman.

(8)

(B) In case of fatal accident or seriousbodily injury to,any migrant workman

the contractor shall immediately send telegrams to the specified authorities of both the

States and also the next of the kins of the migrant workman intimating

death or the nature of serious bodily injury sustairied by the migrant workman, as the

case may be, date, place and nature of accident. The contractor shall farthersend written

report to the specified authorities concerned and the next of the kin of the migrant

workman undermentioned particulars, by registered post within 24"hours of the occurence

of the accident :—

(i) Name of the migrant workma :

(ii) Date, place and nature of accident :

(iii) Condition of the migrant workman (if alive)

(iv) Action taken by the contractor/principal employer

(v) Remarks

(C) If the contractor fails to send the telegraphic intimation and/or written re-

port as required under sub-rule (B) the principal employer shall comply with the

requirement of sub-rule (B) as early as possible but in any case not later than 48 hours

of the time of occurance of the accident.

24. Return and Report : Every contractor shall furnish a return regarding mi-

grant workmen who have ceased to be employed in Form XI to the specified authorities

concerned either personally or by registered post so as to reach them not later than

15 days from the date the migrant workman ceased to be employed.

CHAPTER IV

Wages

25. Rate of wages:-The rate of wages of a migrant workman in an establish-

ment where he is required to work which is neither same nor of similar kind as is

being performed by any other workman in that establishment shall not be less than

the rate of wages paid by the principal employer to a workman in the lowest category

of workman directly employed by him in that establishment or the minimum rates of

wages notified by the State Government under the Minimum Wages Act, 1948 or rates

fixed by the State Government as the case may be for the same or similar type of

work performed by workmen in any scheduled employment in the area in which the

esblishment is located, or the rates of wages payable to the workmen for performing

same or similar kind of work in that establishment in the State in which the estab-

lishment is located, whichever is higher.

Provided that if there is any dispute in this regard or with regard to applicability

of wage rates to a migrant workman under sub-clause (b) of sub-section (1) of section

13, the same be decided by the Secretary, whose decision shall be final.

26. Wage period :— (A) The contractor shall fix wage periods in respect

of which wages shall be payable.

(9)

(B) No wage period shall exceed one month.

27. Payment of wages :— The wages of every migrant workman in an establishment

of a contractor where less than 1000 workmen are employed shall be paid before the expiry

of the seventh day and in other cases before the expiry of tenth day every month.

28. Payment on termination :— Where the employment of any migrant workman

is terminated by or on behalf of the contractor, the wages earned by the migrant workman

shall be paid before the expiry of the second working day from the day on which his

employment is terminated.

29. Mode of payment :- (1) All payments of wages shall be made by the

contractor on working days at the work premises and during the working time and on

a date notified in advance and in case the work is completed before the expiry of final

payments shall be made with in forty-eight hours of the last working day.

(2) Wages due to every migrant workman shall be paid to him direct or to

other persons duly authorised by him on bis behalf.

(3) All wages shall be paid in current coin or in currency or in both. Wages

shall be paid without any deduction of any kind except those specified by the State

Government by general or special order in this behalf or permissible under the Payment

of Wages Act, 1936.

(4) A notice showing the wage period, the place and time of disbursement of

wages shall he displayed at the place of work and a copy sent by the contractor to

the principal employer under acknowledgement.

(5) The principal employer shallensure the presence of his authorised representative

at the place and time of disbursement of wages , by the contractor to the migrant

workman, and it shall be the duty of the contractor to ensure the disbursement of

wages in the presence of such authorised representative.

(6) The authorised representative of the principal employer shall record under his

signature a certificate at the end of all the entries in the register of wages or the

wages cum muster roll, as the case may be, to the following form-

"Certified that the amount shown in column No :—

has been paid to the migrant workman concerned in may presence on.........."

(10)

CHAPTER V

Medical and other facilities to be provided

to migrant workmen.

30. Holidays, hours of work and other conditions of service :—(1) Holidays, hours

of work including extra wages for overtime work done and other conditions of service

of grant workmen shall not be less favourable than those obtaining in that establish-

ment or in similar employments in the area in which the establishment is located, as

the case may be.

(2) Where there is any dispute in this regard or with regard to applicability of

holidays, hours of work including extra wages for overtime work done and other con-

ditions of service to a migrant workman under clause (a) of sub-section (!) of section

13, of the Act the same shall be decided by the Secretary whose decision shall be final.

31. Medical facilities :— (1) The contractor shall ensure provision of suitable and

adequate medical facilities for out-door treatment of the migrant workman free of cost

for treatment of any ailment from which the migrant, workman or any member of his

family may suffer during his employment in the establishment or to meet any preventive

measure against epidemic or any virus infection. Whenever any medicine is purchased

by a migrant workman from the market on the basis of the prescription issued by any

Doctor provided by the contractor or the principal employer, as the case may be, or

any registered medical practitioner, the cost of such medicine shall be reimbursed by

the contractor to the migrant workman concerned of the bill by the migrant workman.

(2) In the event of migrant workman or any of his family members suffering

from any ailment requiring hospitalisation during his employment in the establishment,

the contractor shall promptly arrange for the hospitalisation of the migrant workman

or the concerned member of his family. The contractor shall bear entire expenses on

treatment, hospital charges (including diet), if any, and travel expenses for the patient

from the place of his/her residence to the hospital and back.

(3) Every contractor shall provide and maintain, so as to be readily accessible

during all working hours, first-aid boxes at the rate of not less than one box for noe

hundred and fifty workmen or part thereof.

(4) The first-aid box shall be distinctly marked with a Red Gross on a white

ground and shall contain the following equipment, namely—

(a) for the establishment in which number of migrant workmen employed does

not exceed fifty, each first-aid box shall contain the following equipment :

(i) 6 small sterilized dressings;

(ii) 3 medium size sterilized dressings;

(iii) 3 large size sterilized dressings;

(11)

(iv) 3 large sterilized burn dressings ;

(v) 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine;

(vi) 1 (30 ml.) bottle containing salvolatile having the dose and mode of

administration indicated on the label ;

(vii) 1 snake-bite lancet :

(viii) 1 (30 gms.) bottle of postassium permanganate crystals;

(ix) 1 pair scissors ;

(x) 1 copy of the first-aid leaflet issued by the Director-General, Factory Avisory

Service and Labour Institutes, Government of India:

(xi) A bottle containing 100- tablets (each of 5 gains) aspirin.;

(xii) Ointment for burns; and

(xiii) A bottle of suitable surgical antiseptic solution.

(b) For establishments in which the number of migrant workmen exceed fifty each

first-aid box shall contain the following equipment :-

(i) 12 small sterilized dressing-;

(ii) 6 medium size sterilized dressings ;


(iv) 6 large size sterilized burn dressings;

(v) 6 (15 gms.) packets sterilized cotton wool ;

(vi) 1 (80 ml.) bottle containing a two percent alcholic solutions of iodine;

(vii) 1 (60 ml.) bottle containing salvolatile having the dose and mode of

administration indicated on the label ;

(viii) I roll of adhesive plaster ;

(ix) a snake-bite lancet ;

(x) 1 (30 grms) bottle of potassium permanganate crystals;

(xi) 1 pair scissors ;

(xii) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advisory


(xiii) A bottle containing 100 tablets (each 5 grains) of aspirin ;

(xiv) Ointment for burns; and

(xv) A bottle of a suitable surgical antiseptic solutions;

(5) Adequate arrangements shall be made for immediate recoupment when necessary.

(6) Nothing except the contents mentioned in sub-rule (4)shall be kept ic the first-aid box.

(12)

(7) The first-aid box shall be in charge of a responsible person who shall always

be readily available during the working hours of the establishment.

(8) The person in-charge of the first-aid box shall be a person trained in first-aid

treatment, in establishments where the number of migrant workmen is one hundred and

fifty or more.

32. Protective clothing:— (1) The contractor shall provide to every migrant workman

where the temperature falls below 20 degree centigrade, protective clothing consisting of

one woollen coat and one woollen trousers, one set in two years.

Provided that where the temperature falls below 5 degree centigrade a woollen overcoat

shall also be provided to the migrant workman once in three years.

(2) The protective clothing shall be provided by the contractor to every migrant

workman before the onset of winter season in the area where the establishment is located

or on the 30 day of September, whichever is earlier.

33. Drinking water, latrines, urinals and washing facilities:—(1) The contractor shall

provide sufficient quantity of wholesome drinking water, sufficient number of sanitary

latrines and urinals, washing facilities for the migrant workmen at the establishment in

the case of existing establishments within seven days of the commencement of these rules,

and in case of new establishment, within seven days of the commencement of employ-

ment of migrant workmen therein.

(2) If any of the facilities are not provided by the contractor within the specified period,

the same shall be provided by the principal employer within seven days of the expiry

of the period specified in sub-rule (1).

34. Rest rooms:— (1) In every place where migrant workmen are required to halt

at night in connection with the working of the establishment and in which employ-

ment of migrant workmen is likely to continue for three months or more, the contractor

shall provide and maintain rest rooms or other suitable alternative accommodation within

fifteen days of the coming into force of the rules in case of the existing establishment,

and within fifteen days of the commencement of the employment of migrant workmen


(2) If the amenity is not provided by the contractor within the specified period,

the principal employer shall provide the same within a period of fifteen days of the

expiry of the period specified in sub-rule (1).

(3) Separate rooms shall be provided for female migrant workers.

(4) Effective and suitable provisions shall be made in every room for securing and

maintaining adequate ventilation by circulation of fresh air, and there shall also be

provided and maintained sufficient and suitable natural and artificial lighting,

(5). The rest rooms, or other suitable alternative accommodation shall be of such

dimensions so as to provide at least a floor area of 1.1 square metre for each person.

(6) The rest room, rooms or other suitable alternative accommodation shall be so

constructed as to afford adequate protection against heat, wind, rain and shall have smooth

hard and imprevious floor surface.

(7) The rest rooms or other suitable accommodation shall be at a convenient


water.

(13)

35. Canteen:—(1) In every establishment wherein work regarding the employment

of migrant workmen is likely to continue for six months and wherein migrant workman

numbering one hundred or more are ordinarily employed an adequate canteen shall be

provided by the contractor for the use of such migrant workmen within sixty days

of the date of coming into force of the rules in the case of the existing establishment

and within sixty days of the commencement of the employment of migrant workman


(2) If the contractor fails to provide a canteen within the time laid down, the same

shall be provided by the principal employer, within sixty days of the expiry of the


(3) The canteen shall be maintained by the contractor or principal employer , as

the case may be in an efficient manner.

(4) The canteen shall consist of at least a dining hall, kitchen, store-room, pantry

and washing places separately for migrant workmen and for utensils.

(5) (i) The canteen shall be sufficiently lighted at all times when any person has

access to it.

(ii) The floor shall be made of smooth and impervious material and inside

walls be lime-washed or colour-washed at least once in each year.

Provided that the inside walls of the kitchen shall be lime-washed every four

months.

(6) (i) The precincts of the canteen shall be maintained in clean and sanitary

condition.

(ii) Waste water shall be carried away in suitable covered drains and shall not be

allowed to accumulate so as to cause a nuisance.

(iii) Suitable arrangements shall be made for the collection and disposal of

garbage.

(7) The dining-hall shall accommodate at a time at least 30 per cent of the

migrant workmen working at a time.

(8) The floor area of the dining-hall, excluding the area occupied by the service

counter and any furniture except tables and chairs shall be not less than one square meter

per diner to be accommodated as specified in sub-rule (7).

(9) (i) A portion of the dinning hall and service counter shall be partitioned off

and reserved for women migrant workers in proportion to their number.

(ii) Washing places for women shall be separate and screened to secure privacy.

(10) Sufficient tables, stools, chairs or benches shall be available for the diners to be

accommodated as specified in sub-rule (7).

(11) (i) There shall be provided and maintained sufficient utensils, crockery,

cultery, furniture and any other equipment necessary for the efficient running of the

canteen.

(ii) The furniture, utensils and other equipment shall be maintained in a clean and

hygenic condition.

(14)

(12) (i) Suitable clean cloths for the employees serving in the canteen shall also

be provided and maintained.

(ii) A service counter, if provided, shall have a top of smooth and impervious

material.

(iii) Suitable facilities including an adequate supply of hot water shall be provided

for the cleaning of utensils and equipment.

(13) The foodstuffs and other items to be served in the canteen shall be in conformity

with the normal habits of the migrant workmen.

(l4) The charges for meals, other foodstuffs, beverages and any other items served

in the canteen shall be based on no-profit, no-loss basis and shall be conspiciously

displayed in the canteen.

(15) In arriving at the prices of food-stuffs and other articles served

in the canteen the following shall not be taken into consideration expenditure namely :-

(a) The rent for the land and buildings ;

(b) The depreciation and maintenance charges for the building and equipment

provided for in the canteen ;

(c) the cost of purchase, repairs and replacement of equipments including furniture,

crockery, cutlery and utensils ;

(d) The water charges and other charges incurred for lighting and ventilation ;

(e) The interest on the amounts spent on the provision and maintenance of

furniture and equipment provided for in the canteen.

(16) The books of accounts and registers and other documents used in connection

with the running of the canteen shall be produced on demand to an Inspector.

(17) The accounts pertaining to the canteen shall be audited once every twelve

months by registered accountants and auditors :

Provided that the Secretary may approve of any other person to audit the accounts,

if he is satisfied that it is not feasible to appoint a registered accountant and auditor in

view of the site or the location of the canteen.

36. Latrine and urinals :- (1) Latrine shall be provided in every establishment on

the following scale namely—

(a) Where females are employed, there shall be at least one latrine for every 25

females;

(b) Where males are employed, there shall be at least one latrine for every 25

males;

Provided that where the number of males or females exceed 190 it shall be suffi –

cient if there is one latrine for 25 males or females, as the case may be, upto to

the first 100, and one for every 30 thereafter.

(2) Every latrine shall be under cover and so partitioned off as to secure privacy,

and shall have a proper door and fastenings.

(15)

(3) (i) Where workers of both sexes are employed there shall be displayed outside

each block of latrine and urinal a notice in the language understood by the majority of

the workers 'For Men only', or 'For Women only', as the case may be.

(ii) The notice shall also bear the figure of a man or of a woman, as the

case may be.

(4) There shall be at least one urinal for male workers upto fifty and one for

females upto fifty employed at a time:

Provided that where the number of male or female workmen, as the case may be,

exceeds 500 it shall be suffcient if there is one urinal for every fifty

female upto the first 500 and one for every 100 or part thereof thereafter.

(5) The latrines and urinals shall be conveniently situated and accesible to workers

at all times at the establishment.

(6) (i) The latrines and urinals shall be adequately lighted and shall be maintained

in a clean and sanitary condition at all times.

(ii) Latrines and urinals other than those connected with a flush sewage system

shall comply with the requirements of the public health authorities.

(7) Water shall be provided by the means of a tap or otherwise so as to be

conveniently accessible in or near the latrine and urinals.

37. Washiug facilities :- (1) In every establishment adequate and suitable facilities

for washing shall be provided and maintained for the use of migrant workmen employed

therein.

(2) Separate and adequate screening facilities shall be provided for the use of male

and female migrant workmen.

(3) Such facilities shall be conveniently accessible and shall be kept in clean

and in hygenic condition.

38. Creche :- (1) In every establishment where 20 or more workmen are ordinarily

employed as migrant workmen and in which employment of migrant workman is likey

to continue for three month or more, the contractor shall provide and manintain two rooms

of reasonable dimensions for the use of their children under the age of six years, within

fifteen days of the coming into force of the rules, in case of existing establishment and

within fifteen days of the commencement of the employment of not less than twenty

women as migrant workmen in new establishments.

(2) One of such rooms shall be used as a playroom for the children and the others

bedroom for the children.

(3) If the contractor fails to provide the creche within the time laid down, the same

shall be provided by the principal employer within fifteen days of the expiry of the


(4) The contractor or the principal employer as the case may be, shall supply

adequate number of toys and games in the playrooms and sufficient number of cots

and beddings in the sleeping room.

(16)

(5) The creche shall be so constructed as to afford adequate protection against heat,

damp, wind, rain and shall have smooth, hard and impervious floor surface.

(6) The creche shall be at a convenient distance from the establishment and shall

have adequate supply of wholesome drinking water.

(7) Effective and suitable provisions shall be made in every room of the creche for

securing and maintaining adequate ventilation by circulation of fresh air and there shall

also be provided and maintained suffcient and suitable natural or artificial lighting.

39. Residential accommodation :— (1) The contractor shall provide to every migrant

workman:-

(i) in case be is accompanied by any other member of his family a suitable

barrack so as to accommodate one room having at least a floor area of

10 square metres, a verandah and adequate additional covered space for

cooking food as well as one common sanitary latrine, one common bath-

room for every three such quarters ; and

(ii) in case he is unaccompanied by any other member of his family a suitable

barrack so as to accommodate not more than ten such migrant workmen,

having at least a floor area of not less than 6.5 square metres for each such

migrant workman making use of the barrack, a verandah and adequate

additional covered space for cooking food as well as one common sanitary

latrine and one common bathroom for every ten such migrant workmen ;

Within fifteen days of coming into force of the rules in the case of the existing

establishment and within fifteen days of the commencement of the employment of migrant

workman in new establishments.

(2) Every quarter and the barrack shall be so constructed as to afford adequate

ventilation, protection against heat, wind, rain and shall have smooth, hard and impervious

floor surface.

(3) The quarters or the barracks, as the case may be, shall be at a convenient


water.

(4) The area in which the quarters and or the barracks are located as well as

the latrines and the bathrooms provided therein shall be kept in a clean and sanitary

condition at all times.

(5) If the amenities referred to in sub-rule (1) are not provided by the contractor

within the period prescribed, the principal employer shall provide the same within a

period of fifteen days of the period laid down in the said sub-rule.

(6) If there is any dispute or disagreement regarding suitability or adequacy of

provision of any of the amenities referred to in sub-rules (1) to (4) the same shall be

decided by the Secretary whose decision shall be final.

40. Liability of the principal employer in certain cases :- If any allowance required

to be paid under section 14 or section 15 of the Act to a migrant workman employed in an

establishment to which this Act applies is not paid by the contractor or if any facility

specified in section 16 is not provided for the benefit of such migrant workmen, such

(17)

allowance shall be paid, or, as the case may be, the facility shall be provided, by the

principal employer within fifteen days of the expiry of the time allowed to the contractor

under the rules except where otherwise provided for in the relevant rules:

Provided that in case of ailment requiring urgent medical attention or hospitalisation,

as the case may be, the principal employer shall provide the same immediately on the

failure of the contractor to do so.

41. Relaxation in certain cases:- If the contractor or, principal employer, as the

case may be, has already provided any facility relating to supply of wholesome drinking

water or, rest-rooms or latrines and urinals or washing, canteen or creche or first-aid

as required under any Act applicable to the 'establishment and the same is adequte and

also available for use for the establishment and the migrant workmen, that facility shall be

deemed to be provided for under these rules.

CHAPTER VI

Registers and Records—Collection of Statistics

42. Register of contractors :- Every principal employer shall maintain in respect of

each registered establishment a register of contractors in Form XII."

43. Register of persons employed :- Every principal employer and contractor shall

maintain in respect of each establishment where he employs migrant workmen a register in

Form XIII.

44. Service certificate:- On termination of employment for and reason whatsoever

the contractor shall issue to the migrant workmen whose services has been terminated

a service certificate in Form XIV.

45. Displacement-cum-outward journey allowances sheet and return journey allowance

register :- (1) Every contractor shall maintain displacement-cum-outward journey allow-

ances sheet as required under sub-section (1) of section 14 in Form XV and return

journey allowance registered under section 15 in Form XVI

(2) Entries in the sheet and the register required to be maintained under sub-rule

(1) shall be authenticated by the contractor or his duly authorised representative.

46. Muster Roll, wages register, deductions register and overtime register:-

In respect of establishments, which arc governed by the Payment of Wages Act, 1936

and the rules made thereunder or the Minimum Wages Act, 1948, and the rules made

thereunder, or Contract Labour (Regulation and Abolition ) Act, 1970 and the rules

made thereunder, the following registers and records are required to be maintained by

the contractor as employer under those Acts and the rules shall be deemed to be registers

and records to be maintained by the contractor under these rules.

(a) muster roll;

(b) register of wages ;

(18)

(c) Register of deductions ;

(b) register of fines ;

(c) register of overtime

(2) In respect of establishments not covered by any of the Acts or the rules

referred to in sub-rule (1), the following provisions shall apply, namely :-

(a) Every contractor shall maintain a Muster Roll register and a register of wages

in Form XVII and Form XVIII respectively :—

(b) Signature or thumb impression of every migrant workman on the register of

wages shall be obtained and entries therein shall be authenticated the signature

of the contractor or his authorised representative, and duly certified by the autho-

rised representative of the principal employer as required by sub-rule (6) of Rule 29.

(c) Register of fines, register of deductions for damage or loss, and registe of

advances shall be maintained by every contractor in Forms XIX, XX and XXI

respectively

(d) Every contractor shall maintain a register of overtime in Form XXII.

(3) Notwithstanding anything contained in there rules where a combined or alternative

form is sought to be used for the contractor to avoid duplication of work for com-

pliance with the provisions of any other Act or the rules framed thereunder or any

other laws or regulations or in cases where mechanised pay rolls are introduced for

better administration, alternative suitable form or forms in lieu of any of the forms

prescribed under these rules, may be used with the previous approval , of the Secretary

to the Government of Sikkim.

47. Maintenance and preservation of registers :— (1) All registers and other records

required to be maintained under the Act and rules, shall be maintained complete and

up to date, and unless otherwise provided for shall be kept at an office or the

nearest convenient building within the precincts of the workplace or at a place, if any,

specified by the Inspector on the specific request made by the contractor in this behalf.

(2) All the registers, shall be maintained legibly in English or Nepali.

(3) All the registers and other records shall be preserved in original for a period

of three calender years from the date of last entry made therein.

(4) All the registers, records and notices maintained under the Act or rules shall be

produced on demand before the Inspector or any other authority under the Act or

any person authorised in that behalf by thE State Government.

(5) Where no deduction or fine has been imposed or no overtime has been

worked during any wage period, a 'NIL' entry shall be made across the body of the

register at the end of every wage period indicating also in precise terms the wage

period to which the 'NIL' entry relates in the respective registers maintained in Forms

XIXand XX and XXI respectively.

48. Display of an abstract of the Rules :— Every contractor shall display an abstr-

(19)

act of the Act and the rules in English and Nepali and in the language spoken by

majority of migrant workmen in such form as may be approved by the Secretary to

the Government of Sikkim.

49. Notices :—(1) (i) Notices showing the rates of wages, hours of work, work, wage

periods, dates of payment of wages, names and addresses of the Inspectors having

jurisdiction, and date of payment of unpaid wages, shall be displayed in English and

in Nepali and in the local language understood by the majority of the workers in con-

spicuous places at the establishment and the work-site by the principal employer or the

contractor, as the case may be.

(ii) The notices shall be correctly maintained in a clean and legible condition

(2) A copy of the notice shall be sent to the Inspector and whenever any cha-

nges occur, the same shall be communicated to him forthwith.

50. Periodical returns : (1) Every contractor shall send half yearly returns in

Form XXIII (in duplicate) so as to reach the licensing officer concerned not later

than thirty days from the close of the half-year.

Note:- Half year for the purpose of this rule means "a period of six months com-

mencing from 1st. January and in July every year".

(2) Every principal employer of a registered establishment shall send annually a

return in Form XXIV (in duplicate) so as to reach the registering officer concerned not

later than the 15th February following the end of the year to which it relates.

51. (1) The Secretary or the Inspector or any other authority under the Act

shall have powers to call for any information or statistics in relation to migrant work-

men from any contractor or principal employer at any time by an order in writing.

(2) Any person called upon to furnished the information under sub-rule (1)

shall be legally bound to do so.

J. Dorji,

Secretary,

Labour Department


Gangtok.

(20)

FORM I


Application for registration of establishment

employing migrant workmen.

1. Name and location of the establishment.

2. Postal address of the establishment.

3. Full name and address of the principal employer (Furnish father's/husband's name

in the case of individuals).

4. Names and addresses of the directors/particular partners (in case of companies and

firms).

5. Full name and address of the Manager or person responsible for the supervision

and control of the establishment.


7. Particulars of contractors and migrant workmen.

(a) Names and addresses of Contractors.

(b) Nature of work for which migrant workmen are to be recruited or are

employed.

(c) Maximum number of migrant workmen to be employed on any day through

each contractor.

(d) Establishment date and commencement of work under each Contractor.

(e) Estimated date of termination of employment of migrant workmen under each

contractor.

8. Particulars of crossed demand draft ( l...Name of the Bank, Amount, Number and

Date).

I hereby declare that the particulars given above are true to the best of my knowledge

and belief.

Principal employer

Seal and Stamp


Date of receipt of application

(21)

FORM II


Certificate of Registration

Date................



A certificate of registration containing the following particulars is hereby granted

under clause (a) of sub-section (2) of section 4 of the Inter-State Migrant Workmen

( Regulation of Employment and Conditions of Service) Act, 1979 and the rules made

thereunder to......


2. Names and addresses of contractors.

3. Nature of work for which migrant workmen are to be employed or are employed.

4. Maximum number of migrant workmen to be employed on any day through each

contractors.

5. Other particulars relevant to the employment of migrant workmen.

Signature of Registering

Officer with seal

(22)

FORM III

( See sub-rule (b) of rule 4 )

Register of Establishments

______________________________________________________________________________________________

Sl Registration Name and address Name of the Type of business, Maximum No

No. No.and date of the establish- Principal trade, industry of migrant

ment registered Employer and manufacture or workmen

his address occupation which, directly em-

is carried on in the ployed on any

stablishment day

______________________________________________________________________________________________

1 2 3 4 5 6

______________________________________________________________________________________________

______________________________________________________________________________________________

Particulars of Contractor and inter-State

Migrant Workmen

________________________________________________________________________________________________

Name amd address Nature of work Maximum No. Probable duration Remarks

of contracctor for which migrant of migrant of employment of

workmen are to workmen migrant workmen

be recruited or employed on

are employed any day through

a Contractor

_________________________________________________________________________________________________

7 8 9 10 11

_________________________________________________________________________________________________

_________________________________________________________________________________________________

(23)

FORM IV

( See sub-rule (a) of rule 7)

Application for Licence for Recruitment

1. Name and addresses of the contractor (including his Father's / Husband's name in

case of individuals).




(b) Type of business, trade, industry, manufacture or occupation, which is carried on in

the establishment;




(a) Nature of work in which migrant workmen are employed or are to be employed in the

establishment.

(b) Duration of the proposed contract work ( give particulars of proposed date of

commencing and ending ).

(c) Name and address of the agent or manager of the contractor at the work site;

(d) Maximum number of migrant workmen proposed to be employed in the establishment

on any date ;

(e) Names and addresses of the directors / partners {in case of companies and firms).

(f) Name(s) and address(s) of the person(s) in-charge of and responsible to the company.

firm for the conduct of the business of the company/firm, as the case may be.

5. Whether the contractor was convicted of any offence within the preceding five years.

If so, give details

6. Whether there was any order against the contractor revoking or suspending licence.

or forfeiting security deposits in respect of an earlier contract. If so, the date of such

order.

7. Whether the contractor has worked in any other establishment within the past five years .

If so, give details of the principal employer, establishment, and nature of work.


(24)



Declaration-I hereby declare that the details given above aye correct to the best of my


Place.....................................

Date...................................... Signature of the Applicant

(Contractor)


payment of the prescribed licence fee and security deposit, if any and a certificate

in Form V from the Principal Employer.

(To be filled in the office of the Licencing Officer) Date of receipt of the

application with crossed demand draft for fees.

Signature of the Licencing

Officer.

(25)

FORM V


Application For Licence For Employment

1. Name and address of the contractor (including his Father's / Husband's name

in case of individuals ).




(b) Type of business, trade, industry, manufacture or occupation, which is carried

on in the establishment;




(a) Nature of work in which migrant workmen are employed or are to be emplo-

yed in the establishment.



(c) Name and addresses of the agent or manager of the contractor at the work site;

(d) Maximum number of migrant workmen proposed to be employed in the establish-

ment on any date;

(e) Names and addresses of the Directors/Partners (in case of companies and firms).

(f) Name (s) and address (s) of the person (s) in-charge of and responsible to the

company/firm for the conduct of the business of (he company/firm, as the case

may be.

5. Whether the contractor was convicted of any offence within the preceeding fivr years


6. Whether there was any order against the contractor revoking or suspending licence or

forfeiting security deposits in respect of an earlier contract. If so, the date of

such order.


years. If so, give details of the principal employer, establishment and Nature of Works

8. Whether a certificate by the principal employer in Form V in enclosed.

(26)

9. Amount of licence fee paid-No. of crossed demand draft and date,


Declaration- I hereby declare that the details given above are correct to the best of

my knowledge and belief.

Place.............................. Signature of Applicant

(Contractor)

Date..............................


payment of the prescribed fee and security deposit, if any and a certificate in

form VI from the principal employer.


Date of receipt of application with crossed demand draft for fees.

Signature of the Licensing

Officer.

(27)

FORM VI

(See sub-rule (c) of rule 7)

Form of certificate by Principal Employer

Certified that I have engaged the applicant (name of the contractor ) as a contractor

in my establishment. I undertake to be bound by all the provisions of the Inter -State

Migrant Workmen (Regulation of Employment and Conditions of Service) Act,1979 and

the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service)

rules 1980 in so far as the provisions are applicable to me in respect of the employment

migrant workmen by the applicant in my establishment.

Place...................................................

Date....................................

Signature of Principal employer

Name and Address of Establishment.

(28)

FORM VII


Application for Adjustment of Security Deposit

_____________________________________________________________________________________

Name and address No. and date of application for Date of expiry of previous

of the Contractor fresh licence licence

_____________________________________________________________________________________

1. 2. 3.

_____________________________________________________________________________________

_____________________________________________________________________________________

Whether the previous No. and date of crossed demand Amount of pervious

licence of the contractor draft of security deposit in respect security deposit.

was suspended or of the previous licence

revoked.

_____________________________________________________________________________________

4. 5. 6.

_____________________________________________________________________________________

_____________________________________________________________________________________

Amount of security No. and date of crossed demand No. and date of certi-

deposit for the fresh draft of the balance security depo- ficate of registration of

licence. it deposited with the fresh establishment in relation

application to which the fresh li-

cence is applied for.

_____________________________________________________________________________________

7. 8. 9.

_____________________________________________________________________________________

_____________________________________________________________________________________

Name and Address of Particulars of fresh - Remarks

the principal employer appication.

_____________________________________________________________________________________

10. 11. 12.

_____________________________________________________________________________________

_____________________________________________________________________________________

Signature of applicant

(29)

FORM VIII



Office of the Licensing Officer

Licence No, Dated Fee paid Rs.................................

LICENCE

Licence is hereby granted to .................................................................................

under section 8 (a) of the Inter-State Migrant Workman(Regulation of Employment and

Conditions of Service) Act, 1979, subject to the conditions specified in the Annexure.

2. This licence is for doing the work of (nature of work to be indicated) in the

establishment of (name of principal employer to be indicated) at (place of work to be

indicated).

3. The licence shall remain in force till (date to be indicated)

Signature and Seal of Licensing Officer.

RENEWAL

(See rule 14)

Date of renewal paid for renewal Date of Expiry

1.

2.

3.

Date.......................... Signature and Seal of the Licensing Officer

ANNEXURE

The licence is subject to the following conditions :-

1. The licence shall be non-transferable.

2. The Number of workmen employed as migrant workmen in the establishment shall

not, on any day, exceed the maximum number specified in the application licence.

3. Save as provided in these rules the fees paid for the grant, or as the case may be

renewal of licence shall be non-refundable.

4. The rates of wages payable to the migrant workmen by the contractor shall not

less than the rates prescribed under the Minimum Wages Act, 1948 or the rates

fixed by the State Government for such employment where applicable and where the

rates have been fixed by agreement, settlement or award, not less than the rates so

fixed.

(30)

5. (a) in cases where the migrant workmen employed by the contractor perform the

same or similar kind of work as the workmen directly employed by the Principal

Employer of the establishment, the wage rates, holidays, hours of work and other

conditions of service of the migrant workmen oif the contractor shall be the same as

applicable to the workmen directly employed by the Principal Employer of the

establishment on the same or similar kind of work :

Provided that in the case of any disagreement with regard to the type of work, the same

shall be decided by the Secretary whose decision shall be final :

(b) in other cases the wage rates, holidays, hours of work and conditions of service

of the migrant workmen of the contractor shall be such as prescribed in these rules.

6. Every migrant workmen shall be entitled to allowance, benefits, facilities, etc., as

prescribed in the Act and these Rules.

7. No female migrant workman shall be employed by any contractor before 6 a.m or

after 7 P.M. :

Povided that this clause shall not apply to the employment of female migrant workmen in

Pit head Baths, Creches and Canteens and as Midwives and Nurses in hospitals and

dispensaries.

8. The contractor shall notify any change in the number of migrant workmen or the

conditions of work to the licensing officer.

9. The contractor shall comply with all the provisions of the Act and these Rules.

10. A copy of the licence shall be displayed prominently at the premises where the

migrant workmen are employed.

(31)

FORM IX


Application for Renewal of Licence

1. Name and address of the contractor.

2. Number and date of the licence.

3. Date of expiry of previous licence.

4. Whether the licence of the contractor was suspended or revoked.

5. Number and date of the crossed demand draft enclosed.


Place.....................

Date....................


Date of receipt of the application with crossed demand draft No, and date.

Signature of the Licensing Officer

(32)

FORM X

See rule 21

Form in which to furnish particulars in respect of recruitment and employment of migrant

workman/workmen as prescribed under sub-rule (a) of Rule 21 to the authorities specified

under the explanation below sub-section (2) of Section 12 of Inter-State Migrant Workmen

(Regulation of Employment and Condition of Services) Act, 1979).

1. Name and address of the Contractor..................................................................


made........................................................................................................................

3. Name and address of establishment..............................................................

4.Name and address of the Principal Employer......................................................

5. Name of the State in which the place of work is located..........................................

.............................................................................................................................

6. Name of the State in which recruitment was made..............................................

____________________________________________________________________________________

Sl. Name of Father's/ Sex Age Permanent Name and Place and Amount

No. Migrant Husband's home address of address of of dis-

workman name address the next of residence place-

kin of the residence ment

migrant home State allo-

workman wance

paid

_____________________________________________________________________________________

1. 2. 3. 4 5 6 7 8 9

_____________________________________________________________________________________

_____________________________________________________________________________________

Amount Amount Nature of Date Date Details of Period of Details of Remarks

of out of wages job requi- of of rate of contract other ser-

ward for out- red to be rec- em- wages and of em- vice condi-

journey ward jou- perfor- ruit- ploy- other allo- ployment tions

allowa- rney peri- med. ment. ment. wances

nce paid od paid payable.

_____________________________________________________________________________________

10 11 12 13 14 15 16 17 18

_____________________________________________________________________________________

_____________________________________________________________________________________



Date..........................

(33)

Submitted to

(1)...................................

..................................

(Specified authority in the State in which migrant workman/workmen is/are employed

(2)...................................

........................................

(Specified authority in the State from which the migrant workman/workmen has have been

recruited.

(Copy forwarded to

.........................................


Signature of the Contrator or his


Date. ................................

Note :

In case where migrant workmen concerned have been recuited from more

than one State, separate returns shall be submitted in resspect of each such

State.

(34)

FORM XI

( See Rule 24)

(Return to be sent by the Contractor to the authorities specified under explanation

below sub-section (2) of section 12 Inter-State Migrant Workmen Regulation of Employment

and conditions of Service ) Act, 1979

1. Name and address of the contractor....................................................................


made.............................................................................................................................

3. Name and address of the establishment....................................................................

4. Name and address of the Principal Employer............................................................

5. Name of the State in which the place of work is located...........................................

6. Name of the State in which recruitment was made...................................................

__________________________________________________________________________________

Sl. Name of Migrant Father's/ Sex Designation Age Permanent home

No. workmen Husband's ddress indica-

name ting the State.

__________________________________________________________________________________

1 2 3 4 5 6 7.

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Place and Date of Date on which Total days Details of Amount of

address of Employ- ceased to be worked rates of displace-

residence ment. employed wages and ment allo-

in home other allowance paid.

State. wances paid.

__________________________________________________________________________________

8 9 10 11 12 13

__________________________________________________________________________________

Amount of outward Amount of Total wages Details of Amount of

journey allowances returen jour- paid compensation deductions,

and wages for out- ney allowance and other if any.

ward journey paid and wages for allowances.

return journey

__________________________________________________________________________________

14 15 16 17 18

__________________________________________________________________________________

__________________________________________________________________________________

(35)

_________________________________________________________________________

Amount of advance, Amount of advance Remarks

if any paid. if any recovered

_________________________________________________________________________

19. 20. 21.

_________________________________________________________________________

DECLARATION

I/we hereby declare that all wages,other dues including disppaclement allowances

out-ward return journey allowances and wages for journey periods payable to migrant

workman/workmen named above and employed by me/ us have paid by me /us/

to him/them.



Place……………………….

Date………………………..

Submitted to

(1)…………………………………….

……………………………………..

(Specified authority in the State in which

migrant workman/workmen is/are employed)

(2)……………………………………..

…………………………………………

( Specified authority in the State from which

the migrant workman/workmen has/have been recruited

Copy forwarded to

………………………………..




Date..............................................

Note: In case where migrant workmen concerned have been recruited from more than

one State, separate returns shall be submitted in respect of each such State.

(36)

FORM XII

( See rule 42 )

Register of Contractors

(1) Name and address of the Principal Employer........................................

..............................................................................................................

(2) Name and address of the establishment ..............................................

................................................................................................................

______________________________________________________________________________________

Name and address Nature of Location of Period of Maximum No. of

of contractor work on contract contract migrant workmen

contract work from to employed by

contractor

______________________________________________________________________________________

______________________________________________________________________________________

(37)

FORM XIII

(See rule 43)



Contractor.............. which migrant workmen are employed..........

Name and address of the Name and address of Principal Employer.............

establishment................... ....................................................

__________________________________________________________________________

Sl. Name and Age Father's/ Nature Parmanent Local Date of

No. surname of and Husband ‘s of employ- Home address comme-


workman. designa- migrant work- of


and Tenhsil/ ment

Taluk and

District

_______________________________________________________________________________

1. 2 3 4 5 6 7 8

_______________________________________________________________________________

______________________________________________________________________________

Signature or thumbim- Date of termination of Reasons for Remarks

pression of migrant employment termination

workman.

______________________________________________________________________________

9 10 11 12

______________________________________________________________________________

_____________________________________________________________________________



(38)

FORM XIV

(See Rule 44)

Service Certificate

Name and address of Name and address of establishment

Contractor................ in / under which migrant workmen

are employed..............................

Nature and location of work........................ Name and address of Principal

Employer................................

Name and address of the migrant

workman.......................................

Age or Date of Birth................................

Identification Marks...................................

Father's /Husband's name.........................

________________________________________________________________________________

Sl. Total period for which Nature of Rate of wages (with particu- Remarks

No. employed. work done lars of unit in case of piece-

From To work)

_________________________________________________________________________________

1 2 3 4 5 6

_________________________________________________________________________________

__________________________________________________________________________________



(39)

FORM XV


Displacement and outward allowances sheet

Name and address of Name and address of the the Contractor......... ..................... establishment..............

Name and address of the Month and year............

Principal Employer...........................

______________________________________________________________________

SL. Name of the Father's/ Permanent Place & Desig- Rate of

No. migrant work- Husband's home addr- address nation wages

man. name ess indic- of resi-

ating the dence in

State the home

State

________________________________________________________________________

1. 2. 3. 4. 5. 6. 7.

________________________________________________________________________

Wages Place of Place of work Railway Station/bus Railway Station/bus

payable recruit- with address stand nearest to the stand nearest to the

ment indicating place of residence place of works

State

_________________________________________________________________________

8. 9. 10. 11. 12.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Date and time of Expected date Details of modes Amount of bus fare and/

commencement of and time of of journeys from or second class train

journey from the arrival at the the place of resi- fare and/or both jouney

place of residence place of work dence in the home expenses separately as

State to the place per the modes of jour-

of work. ney indicated in Col. 15.

____________________________________________________________________________

13. 14. 15. 16.

____________________________________________________________________________

____________________________________________________________________________

(40)

Total of amounts Amount of displacement Amount of outward

indicated in column allowance. journey allowance.

No. 16

___________________________________________________________________________

17. 18. 19.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Wages for Total Amount Date on Signature or Actual date and

outward paid which thumb impre- time of arrival

jouney paid ssion of the at the place of

period. migrant work- work

man

___________________________________________________________________________

20. 21. 22. 23. 24.

___________________________________________________________________________

Balance wages for Date of payment of Signature or thumb Remarks

out-ward joyrney if the balance wages impression of the

any, payable. indicated in Col. migrant workman

No. 25.

_______________________________________________________________ 25. 26. 27. 28.

_______________________________________________________________

Note: Indicate separately different mode of journeys. Entries are to be made against

each individual migrant workman.

Signature of the Contractor or

his authorised Representative.

Date....................................

(41)

FORM XVI


Return journey Allowance Register

Name and Address of the Name and Adress of the

Contractor................................... Establishment.......................

Name & address of the Month and year............

Principal Employer .........

_________________________________________________________________________________

Sl. Name of the Father's/Husband's Permanent home add- Place & address of

No. migrant name. ress indicating the residence in the

workman State: home State

_________________________________________________________________________________

1. 2. 3. 4. 5.

_________________________________________________________________________________

_________________________________________________________________________________

Designation Rate of wages Place of work RailwayStation/ Railway Station/bus

bus stand stand nearest to the

nearest to the place of residence in

place of work. the home State.

_________________________________________________________________________________

6. 7. 8. 9.

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Date and time of Expected date and Expected modes Amounts of bus fare/or

commencement of time of arrival at of journeys from second class train fare

journey from the the residence in the place of work and / or other jounery

place of work home State. to place of re- expenses,separately as

sidence in the per expect modes of

home State. journeys indicated in

col. No. 1

_________________________________________________________________________________

11. 12. 13. 14.

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

(42)

Total mounts Account of return Wages for return Total amount paid

indicated in journey allowance journey period

column No. 14.

____________________________________________________________________________

15. 16. 17. 18.

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Date on which Signature/thumb impression of the Remarks

paid. migrant workman

____________________________________________________________________________

19. 20. 21.

____________________________________________________________________________

* Indicate separately different modes of journey.

Note: Entries are to be made against each individual

inter-State migrant workman.

Signature of the Controller or

his authorised representative.

Date..................................

(43)

FORM XVII

(See Clause(a) of sub-rule (2) of rule 46)

Muster Roll

Name and Address of Name and Address of Establishment

Contractor.................. in/under which migrant workman

are employed..................

Nature and Location of Name and Address of Principal

work................................... Employer.........................................

_____________________________________________________________________________

Sl. Name of the Father's/Husband's Sex Dates Remarks

No. migrant workmen name 1 2 3 4 5

_____________________________________________________________________________

_____________________________________________________________________________

(44)

FORM XVIII


Register of wages


Nature and location of work............... in/under which inter-State migrant

workmen are employed.................


Employer...................................

Wage period....................................

___________________________________________________________________________

Sl. Name of inter-State Serial No. in Designation/ No. of days

No. migrant workman the register nature of worked.

of workmen work.

_______________________________________________________________ 1. 2. 3. 4. 5.

___________________________________________________________________________

Units of Daily rate of Amount of wages earned

________________________________________

work done wages/piece Basic wages Dearness Overtime

rate Allowance

__________________________________________________________________________

6. 7. 8. 9. 10.

__________________________________________________________________________

_________________________Deduction, if any Net amount paid Signature/Thumb

Other cash payment Total (in nature) (to be indicated) imperssion of

(Nature of payment) inter-State mig-

rant workman.

___________________________________________________________________________

11. 12. 13. 14. 15.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Intials of Contractor or his


___________________________________________________________________________

16.

___________________________________________________________________________

(45)

FORM XIX

(See clause (a) of sub-rule (20 of rule 45)

Register of Deductions for Damage or Loss


Nature and Location of work.................... in/under which inter-State migrant

worked are employed....................


Employer......................................

___________________________________________________________________________________

Sl. Name of inter-State Father's/Husband's Designation/Nature Particulars of

No. migrant workman name of employment damage or loss

___________________________________________________________________________________

1 2 3 4 5

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

Date of damage Whether inter-State migrant Name of person in whose Amount of

or loss workman showed causes presence employee's expla- deduction

against deduction nation was heard imposed

___________________________________________________________________________________

6. 7. 8. 9.

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

No. of Date of recovery Remarks

__________________________________

instalments First instalment Last instalment

___________________________________________________________________________________

10. 11. 12.

___________________________________________________________________________________

___________________________________________________________________________________

(46)

FORM XX

( See clause, (a) of sub-rule (2)) of rule 46 )

Register of Fines

Name and Address of Contractor....................................................................

Nature and Location of work.....................................................................

Name and Address of Establishment in / under which inter-State migrant workmen

are employed.........................................................................................

Name and Address of Principal Employer......................................................................

________________________________________________________________________________

Sl. Name of inter- Father's/Husband's Designation/ Act/Omission Date of

No. State migrant name Nature of for which fine offence

workmen employment imposed.

________________________________________________________________________________

1. 2. 3. 4. 5. 6.

________________________________________________________________________________

W hether inter-State Name of person Wage periods Amount Date on Remarks

migrant workman in whose pre- and wages of fine which

showed cause sence employee's payable imposed fine

against fine explanation was realised

heard.

_________________________________________________________________________________

7. 8. 9. 10. 11. 12.

_________________________________________________________________________________

_________________________________________________________________________________

(47)

FORM XXI

(See rule 46 (2) (c)

Register of Advance

Name and Address of Contractor...................................................

Nature and Location of work...... ................. .................


are employed...................................................................................

Name and Address of Principal Employer...........................................................

__________________________________________________________________________

Sl. Name of inter- Father's/ Nature of Wage period Date and amount

No. State migrant Husband's employment/ and wages of advance given

workman name Designation payable

__________________________________________________________________________

1. 2. 3. 4. 5. 6.

__________________________________________________________________________

__________________________________________________________________________

Propose (s)for No. of instalments Date and amount Date on which Remarks

which advance by which advance of each instalment last instalment

made to be repaid repaid was repaid.

___________________________________________________________________________

7. 8. 9. 10. 11.

___________________________________________________________________________

___________________________________________________________________________

(48)

FORM XXII

( See rule 46 (2) (d) )

Register of Overtime

Name and Address of Contractor............................... ..........................................

Nature and Location of work...........................................................................

Name and Address of Establishment in / under which migrant workmen are

employed.................................................

______________________________________________________________________________

Sl. Name of inter-State Father's/ Sex Designation/Nature Date on which

No. migrant workman Husband's of employrnent overtime

name worked

______________________________________________________________________________

1. 2. 3. 4. 5. 6.

______________________________________________________________________________

Total overtime worked Normal Overtime Overtime Date on which Remarks

or production in case rates of rate of earnmg overtime wages

of piece-rated wages wages paid

______________________________________________________________________________

7. 8. 9. 10. 11. 12.

______________________________________________________________________________

______________________________________________________________________________

(49)

FORM XXIII

( See sub-rule (1) of 50 )

Return to be sent by the Contractor to the Licensing officer

Half-Year Ending.................................................................................

1. Name and address of the Contractor :

2. Name and address of the establishment :

3. Name and address of the Principal Employer :

4. Duration of contract : From................ ...to.....................

5. No. of days during the half-year on which.........................................................

(a) the establishment of the principal employer had worked.....................

(b) the contractor's establishment had worked............................................

6. Maximum number of inter-State migrant workmen employed on any day

half-year:


7. (i) Daily hours of work and spread over :

(ii) (a) Whether weekly holiday was observed and on what day :

(b) if so, whether it was paid for :

(iii) No. of man-hours of overtime worked :

8. Number of mandays worked by :


9. Amount of wages paid :


Note :—Wages shall not include wages for periods of outwards and return journey

10. Amounts of deductions from wages, if any :


11. Amount of displacement allowance paid :

(50)


12. Amount of outward journey allowance paid :


13. Amount of wages for outward journeys period paid;


14. Amount of return journeys allowance paid :


15. Amount of wages for return journeys period paid :


16. Whether the following have been provided :

(i) Residential accommodation ;

(ii) Protective clothing :

(iii) Canteen; (iv) Rest-room ;

(v) Latrines and Urinals ;

(vi) Drinking water ;

(vii) Creche;

(viii) Medical facilities ; (ix) First Aid

( If the answers is 'Yes' state briefly nature/standards provided)

Place.................................... Signature of Contractor.

Date.....................................

(51)

FORM XXIV

(See sub-rule (2) of rule 50 )

Annual Return of Principal Employer to be

sent to the Returning Officer

Year ending 31st December

1. Full name and address of the Principal Employer;

2. Name of the establishment ;

(a) District:

(b) Postal Address :

(c) Nature of operation/industry/work carried on ;

3. Full name of the Manager or person responsible for supervision and control of the

establishment;

4. Number of contractors who worked in the establishment during the year (Give

details in Annexure).

5. Nature of work/operations in which Migrant workman was employed.

6. Total number of days during the year on which migrant workmen was employed.

7. Total number of mandays worked for by migrant workmen during the year.

8. Maximum number of workmen employed directly ©n any day during the year.

9. Total number of days during the year on which direct labour was employed.

10. Total number of mandays worked by directly employed workmen.

11. Change, if any, in the management of the establishment, its location, or any other

particulars furnished to the Registering Officer in the application for Registration

indicating also the dates.

Place.............................. Principal Employer

Date..............................

(52)

ANNEXURE TO FORM

__________________________________________________________________________________

Name and address of Period of contract Nature of Maximum number of workers

the contractor From To work employed by each contractor

__________________________________________________________________________________

1. 2. 3. 4.

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

No. of days worked No. of mandays worked

__________________________________________________________________________________

5. 6.

__________________________________________________________________________________

J. Dorji,

Secretary to the


Gangtok.

(53)

S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ___________________________________________________________________________________________


____________________________________________________________________________________________



GANGTOK

Office Order No. 40/LSGHD. Dated Gangtok, the 25th May, 1983.

Consequent upon his transfer as District Collector, East District vide Establish-

ment Department Office Order No-79 (G) Est. dated 23rd April, 1983, the State Government,

in exercise of the powers conferred on it by the Proviso to Sub-Section (5) of Section 3 of the

Gangtok Municipal Corporation Act, 1975 (as amended) appoints Shri T. T. Dorjee to be the

Admistrator of the Gangtok Municipal Corporation from the date he takes over as District

Collector of East District in addition to his own duties.

2. Shri Dorjee as the Administrator of the Corporation will draw the same allowance as

was being drawn by his predessessor.

By Order.

T. P. SHARMA,

Secretary,


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ______________________________________________________________________

No. 95 Gangtok, Friday, June 10,1983.

____________________________________________________________________________________

SIKKIM PUBLIC WORKS DEPARTMENT

GANGTOK

No. 568/RD/PWD Dated Gangtok, the 27th May, 1983.

NOTIFICATION

The Governor of Sikkim has been pleased to name the new Pre-Stressed Concrete

Bridge across River Teesta at Melli as "JAWAHARLAL NEHRU BRIDGE".

L.B. CHHETRI

Chief Engineer,


Public Works Department.

___________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ____________________________________________________________________

No. 96 Gangtok, Friday, June 10,1983.

__________________________________________________________________________________



Notification No. 3 Dated Gangtok, the 31st May, 1983.

In pursuance of bye law No. 26 of the Byelaws of the Sikkim State Co-operative

Supply and Marketing Federation Limited, the State Government hereby nominates the

following persons to be the members of the said Federation with immediate effect, namely:—

1. Development Commissioner, Planning and — Chairman

Development Department

2. Secretary, Food and Civil Supplies Department — Member

3. Director, Agriculture Department — "

4. Joint Registrar, Cooperative Department — "

5. Managing Director, State Bank of Sikkim — "

6. Secretary— Rhenock MPCS. LTD. — "

7. President-Tsungthang MPCS. Ltd. __ "

8. President- Namchi MPCS Ltd. — "

9. Managing Director of the said Federation — "

10. Shri LP. Subba—Utteray P.O. Utterary West Sikkim. — "

R. B. MUKHIA,

Registrar,

Cooperative Societies Sikkim,

Sikkim, Gangtok.

_______________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y ___________________________________________________________________

No. 97 Gangtok, Tuesday, June 14, 1983.

________________________________________________________________________________


DEPARTMENT OF LABOUR

Notification No. 2/DL. Dated Gangtok, the 13th June, 1983.

The Government of Sikkim has been pleased to revise the rates of daily wages of

workers borne on muster roll in the State of Sikkim as specified below with effect from the 1st

day of May, 1983:—

Sl. Categories of Revised daily rates

No. Workers

(1) Supervisor Rs 10.00

(2) Carpenter Class I Rs. 18.00

(3) Carpenter Class II Rs. 15.00

(4) Carpenter Class III Rs. 13.00

(5) Manson Class I Rs. 15.00

(6) Manson Class II Rs. 13.00

(7) Manson Class III Rs. 11.00

(8) Painter Class I Rs. 13.00

(9) Painter Class II Rs. 11.00

(10) Painter Class III Rs. 10.00

(11) Ordinary Workers male and female Rs. 9.00

(12) Boys and Girls Rs. 7.00

(13) Fitter Grade II Rs. 14.00

(14) Fitter Grade III Rs. 13.00

(15) Welder cum Denter Rs. 15.00

(16) Electrician Rs. 14.00

(17) Buldozer Operator Rs. 17.00

(18) Roller Driver Rs. 14.00

(19) Compressor Operator Rs. 12.00

(20) Mixer Operator Rs. 10.00

(21) Stone Crusher Operator Rs. 12.00

(22) Tractor Helper Rs. 10.00

(23) Helper to other machineries Rs. 9.00

(24) Vibrator Operator Rs. 10.00

(25) Pipe Filter Class I Rs. 10.50

2

(26) Pipe Fitter Class II Rs. 10.00

(27) Assistant Pipe Fitter Rs. 9.50

(28) Filter Operator Rs. 11.50

(29) Helper to Filter Operator Rs. 10.00

(30) Metre Reader cum Bill Clerk Rs. 10.50

(31) Senior Pipe Fitter Rs. 12.50

(32) Driver Rs. 13.00

(i) The rates of daily wages of workers working at various altitude shall be as under :-

(a) Upto 8000' altitude — Working shall be paid normal wages.

(b) From 80001'to 12000'altitute. — Workers shall be paid 50% more than the

normal wages.

(c) From 12001' to 16000' altitude — Workers shall be paid 75% more than the

normal wages.

(d) From 16001'and above altitude. — Workers shall be paid double the noraml

wages.

(ii) If a workers consecutively works without being absent during the working period for 6(six)

days in a week, he shall be given one paid holiday on either Sunday or any other Hat Day.

(iii) Normal working hours of the workers shall be eight hours in a day.

(iv) No person below the age of fourteen years shall be employed in any work.

This notification shall supercede the previous notification No. 1/DL, dated the 6th Sep-

tember, 1980.

By Order.

J.DORJI,

Secretary,

Labour Department

_________________________________________________________________________________________________

PRINTED THE SIKKIM GOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y __________________________________________________________________________________

No. 98 Gangtok, Monday, June 20,1983.

__________________________________________________________________________________


HOME DEPARTMENT

No. 6(7) Home/83 Dated Gangtok, the 15th June, 1983.

NOTIFICATION

The Government of Sikkim is pleased, hereby to lay down the following terms and conditions

for the appointment of Advocate General, Sikkim and Additional Advocate General,

Sikkim.

1. No person shall be eligible for appointment as Advocate General, Sikkim, unless he fulfils

the qualification as laid-down in article 165 of the Constitution. Such person should also

preperably be a retired Judge of a High Court or has been in practice as a Senior Advo-

cate as defined under section 16 of the Advocates Act, 1961 for a period of not less than

10 years and has attained the age of 50 years.

2. No person shall be eligible for appointment as Additional Advocate General, Sikkim, un-

less he is a Senior Advocate as defined under section 16 of the Advocates Act, 1961.

3. The duties of the Advocate General shall be as follows :-

(a) to advise the State Government, without any fees, upon such legal mattets as may be

referred to him by the State Government through Home Secretary.

(b) to represent the State Government in the Supreme Court.

(c) to represent the State Government in the High Court in proceedings of importance,

civil or criminal, original or appellate when specifically directed to do so by the State

Government.

(d) to assist the High Court in cases of special importance.

(e) the Advocate General shall also appear in a lower Court if the Home Secretary, on

account of the special importance of the case or matter arising out of the case, refers

such case to him on a particular date. He shall also appear in a lower court when

the Government Advocate in-charge of the case considers, in view of the special

imortance of the case, that the Advocate General should conduct the case assisted

by such Government Advocate. He may appear in such Court with the approval of

the Home Secretary:

Provided that the Advocate General may also appear in the High Court with

the approval of the Home Secretary, where the Additional Advocate General in a

particular case considers that such case should be conducted by the Advocate General.

(f) to discharge the functions conferred upon him by or under the Constitution or any

other law for the time being in force.

4. The duties of the Additional Advocate General shall be as follows :—

(a) Additional Advocate General shall represent the State at all stages before the High

Court in all cases.

(b) Additional Advocate General shall also perform the same duties as are assigned to

the Advocate General of Sikkim under clauses 3 (a) to (e)

(c) The functions of the Advocate General conferred upon him by or under the Constitu-

tion or any other law for the time being in force may be discharged by the Additional

Advocate General also.

5. Both the Advocate General and the Additional Advocate General shall, always, be assited

in a case by a Government Advocate, provided that the Advocate General and the Addi-

tional Advocate General shall not appear together in the same case.

6. Both the Advocate General and Additional Advocate General shall not accept private

brief which may be adverse to the interests of the State Government.

7. The Advocate General, Sikkim shall be paid a monthly retainer of Rs. 2000/- and the

Additional Advocate General shall be paid a monthly retainer of Rs. 1500/-

8. Both the Advocate General and Additional Advocate General shall be entitled to the

following rates of fees:

(i) Rs. 850/- for each day of appearance in any Court outside Sikkim. During the period

of waiting or the intervening period daily fees shall be paid at the rate of Rs. 510/-per day.

(ii) Rs. 510/- for each day of appearance in courts within Sikkim.

(iii) TA/DA, Leave and Medical facilities as are admissible to a Grade I Officer of the

State of Sikkim.

(iv) For setting each draft, petition, plaint, affidavit, written statement or any draft, what

soever, in a case Rs. 175/-

(v) For consultation with State lawyers and Government Officers in connection with any

case Rs. 100/- for each consultation.

9. The Advocate General and the Additional Advocate General shall be provided with free

transport and free furnished residential accommodation. They shall also be provided with

office accommodation and such other staff as the Government may provide to them from

time to time.

10. Removal of doubts.

If any doubt arises regarding interpretation of this notification, the Home Department

with the approval of the Minister-in-Charge of the Department shall interpret and deside

the matter.

By Order,

J. T. DENSAPA,

Home Secretary


___________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNRMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY


No. 99 Gangtok, Wednesday, June 22,1983.

__________________________________________________________________________________


HOME DEPARTMENT

NOTIFICATION

No. 41(1)Home/80/461 Dated Gangtok, the 16th June, 1983

In supersession of Home Department Notification No 2(3) Home/82/3070 dated 30th

October, 1982, the Government of Sikkim is pleased to appoint Shri J. B. Pradhan M.L.A as

Chairman of State Bank of Sikkim Vice Shri B. B. Lohar, M.L.A. Chairman.

The Chairman will be entitled to the benefits as laid down in Home Department Circu-

lars No. 2(3) Home/77 of 8.12.1977 and No. 51(5) Home/83 dated 15th June, 1983.

This order takes effect from 24.6.1983.

M. P. PRADHAN,

Chief Secretary,


_____________________________________________________________________________________

PRINTED AT THE SIKKIMGOVERNMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY


No.100 Gangtok, Wednesday, June 22, 1983.

________________________________________________________________________________


HOME DEPARTMENT

NOTIFICATION

No. 51(7) Home/83/462. Dated Gangtok, the 16th June, 1983.

The Government of Sikkim is pleased to appoint Shri D. B. Thatal, M.L.A. as Chair

man of Schedule Caste Welfare Board with effect from 24th June, 1983 vice Shri B.B. Lohar

appointed as Chairman, Sikkim Flour Mills Ltd.

The Chairman will be entitled to the benefits as laid down in Home Department

Order No. 2(3) Home)77 dated 8th December, 1977 and 51(5) Home/83/455 dated 15th June,

1983.


M.P. PRADHAN,

Chief Secretary,


___________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNEMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY


No. 101 Gangtok, Wednesday, June 22, 1983.

__________________________________________________________________________________

.


HOME DEPARTMENT

NOTIFICATION

No. 41(4) Home/80/463. Dated Gangtok, the 16th June, 1983.

In supersession of Home Department Notification No. 2(3) Home/77/3071 dated

Gangtok, the 30th October, 1982, the State Government is pleased to appoint Shri B. B. Lohar

as Chairmen of the Sikkim Flour Mills vice Shri Dadul Bhutia, M.L.A. Chairmam with effect

from 24th June, 1983.

The Chairman will be entitled to the benefits as laid down in Home Department Circu-

lars No.2(3)Home/77 of 8.12.1977 and No. 51(5)Home/83 dated 15th June, 1983.


M. P. PRADHAN,

Chief Secretary,


______________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 102 Gangtok, Wednesday, June 22, 1983.

__________________________________________________________________________________


HOME DEPARTMENT

NOTIFICATION

No. 51(6)Home/83/465. Dated Gangtok, the 16th June, 1983.

In supersession of Home Department Notification No. 16/DI/79-80 (Col. II) dated

24th June, 1983 and 41(18) Home/76/3069 dated 30.11.1982, the State Government is pleased

to reconstitute the Sikkim Khadi and Village Industries Board with the following members with

effect from 24th June, 1983:—

1. Shri P. L. Gurung — Chairman

2. Shri Chandralal Pokhrel,

Thekabung, P.O. Pakyong, East Sikkim. — Member

3. Shri Chatra Bahadur Gurung,

Rongli, East Sikkim. — Member

4. Shri Dawachung Bhutia,

P.O. Song, East Sikkim. — Member

5. Shri Karma Bhutia,

Kewzing Bazar, W. Sikkim. — Member

6. Shri Mainalal Rai,

P.O. Sombaray, W. Sikkim. — Member

7. Shri Ugen Kazi,

Geyzing, West Sikkim. — Member

8. Shri Anu Lachugpa,

Lachen, P.O. North Sikkim. — Member

9. Shri Birkhaman Tsong,

Mangsila __ Member

10. Shri Budhilal Gurung,

Burikhop P.O. Soreng. — Member

The Chairman will be entitled to the benefits as laid down in Home Department's

Circular No. 2(3) Home/77 dated 8th December, 1977 and 51(5) Home/83 dated 15th June,

1983 from one of the Board.

M. P. PRADHAN,

Chief Secretary,


___________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.103 Gangtok, Friday, June 24, 1983.

__________________________________________________________________________________



Notification No. 5 Dated Gangtok, the 22nd June, 1983.

In pursuance of Bye-law No. (46) of the Bye-laws of the Sikkim State Cooperative

Bank Ltd. the State Government hereby nominates the following persons to be members of the said

Bank with immediate effect initally for a period of 3 years namely :-

1. Shri Chandra Jyoti Pradhan,Kerabari Melli,South Sikkim --Member

2. Shri Kalzang Gyatso Bhutia,Kabi, North Sikkim --Member

3. Shri D.C.Lucksom, Dev.Area ,Gtk. Sikkim --Member

4. One representative of the United Commercial Bank --Member

5. Secreatry,Finance Deptt, Govt, of Sikkim, Gangtok. --Member

6. Secretay,Cooperative Department ,Govt, of Sikkim,

Gangtok or his representative --Member

7. The Managing Director, Sikkim State Cooperative Bank Ltd. --Member

8. The Managing Director Sikkim State Coop. Suplly and

Marketing Federation Ltd. --Member

9. One M.L.A to be nominated by the government. He will

be the Chairman of the Board.

R.B. MUKHIA,

Registrar,

Cooperative Societies Sikkim

Gangtok, Sikkim.

___________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y __________________________________________________________________

No. 104 Gangtok, Monday, June 27, 1983.

_______________________________________________________________________________


LAW DEPARTMENT

GANGTOK.

NOTIFICATION

No. 2/LD/RC/82 Dated the 29th April, 1982.

The following Act passed by Parliament and published in the Gazette of India,

Extraordinary, Part II, Section I, is hereby republished for general information.

THE SUGAR CESS ACT, 1982

ACT NO. 3 OF 1982

(AS PASSED BY THE HOUSES OF PARLIAMENT)

AN

ACT

to provide for the imposition of a cess on sugar for the

development of sugar industry and for matters connected therewith.

BE it enacted by Parliament in the Thirty-third Year of the Re-

public of India as follows:

1. (1) This Act may be called the Sugar Cess Act, 1982, Short title, ex-

(2) It extends to the whole of India. tent and com-

(3) It shall come into force on such date as the Central mencement.

Government may, by notification in the Official Gazette, appoint

2. In this Act, unless the context otherwise requires,— Definitions.

(a) "occupier", in relation to any sugar factory, means

the person who has ultimate control over the affairs of the sugar

factory or the owner of the sugar factory in case he is not the

occupier;

(b) "prescribed" means prescribed by rules made under

this Act;

(c) "sugar factory" means any premises (including the

precincts thereof) in any part of which sugar is manufactured by

vacuum pan process;

(d) "sugar" means any form of sugar including crushed

sugar or sugar in crystalised or powder form, containing ninety per-

cent or more of sucrose and produced by the vacuum pan process

and includes raw sugar produced by the said process.

Imposition of 3. (1) There shall be levied and collected as a cess, for the pur-

cess. poses of the Sugar Development Fund Act, 1982, a duty of excise on

all sugar produced by any sugar factory in India, at such rate not

exceeding ten rupees per quintal of sugar, as the Central Government

may, by notification in the Official Gazette, specify from time to time.

Provided that until such rate is specified by the Central Govern-

ment, the duty of excise shall be levied and collected at the rate of

five rupees per quintal of sugar.

(2) The duty of excise levied under sub-section (1) shall be in

addition to the duty of excise leviable on sugar under the Central

Excises and Salt Act, 1944, or any other law for the time being in

force. I of 1944.

(3) The duty of excise levied under sub-section (1) shall be paya-

ble by the occupier of the sugar factory in which sugar is produced.

(4) The provisions of the Central Excises and Salt Act, 1944, and I of 1944.

the rules made thereunder, including those relating to refunds and

exemptions from duty, shall, so far as may be, apply in relation to

the levy and collection of the said duty of excise as they apply in re-

lation to the levy and collection of the duty of excise on sugar under

that Act.

Crediting pro- 4. The proceeds of the duty of excise levied under section 3 shall

ceeds of duty be credited to the Consolidated Fund of India.

to Consolidated

Fund of India.

Power to call 5. The Central Government may require an occupier of a sugar

for reports and factory to furnish, for the purposes of this Act, such statistical and

returns. other information in such form and within such period as may be

prescribed.

Power to make 6. (1) The Central Government may, by notification in the

rules. Official Gazette, make rules for carrying out the provisions of this

Act.

(2) In particular and without prejudice to the generality of the

foregoing power, such rules may provide for the form in which and

the period within which statistical and other information may be

furnished under section 5.

(3) Every rule made under this section shall be laid, as soon as

may be after it is made, before each House of Parliament, while it is

in session, for a total period of thirty days which may be comprised

in one session or in two or more successive sessions, and if, before

the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any

modification in the rule or both Houses agree that the rule should

not be made, the rule shall thereafter have effect only in such modi-

fied from or be of no effect, as the case may be; so however, that

any such modification or annulment shall be without prejudice to

the validity of anything previously done under that rule;

R.V.S PERI SASTR

Secretary to the Govt, ofIndia

By Order,

B. R. PRADHAN,


Law Department.

F.No.11 (265)LD/81

_____________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 105 Gangtok, Wednesday, June 29,1983. __________________________________________________________________________________


LAW DEPARTMENT

GANGTOK.

No. 16(83)LD/1979. Dated 12th October, 1982

NOTIFICATION

Whereas, by Government Resolution, in the Law Department, No.16(83)LD/93 dated the 22nd

Febuary,1982, a Legal Aid and Advice Board to be called "The Sikkim State Legal Aid and Advice Board"

was constituted for the purpose of setting up and implementing a legal aid programme for providing free legal

services to the weaker sections of the community in the State in accordance with the Scheme formulated by it

with the approval of the State Government;

And, whereas, the said Board has formulated a Scheme prescribing the method and manner of

providing free legal services to weaker sections of the community, and forwarded the same to the State

Government for its approval;

And, Whereas, the State Government has approved the Scheme so formulated by the said Board;

Now, Therefore, the said Scheme as so approved, is hereby published for information of the gene-

ral public.

SIKKIM STATE LEGAL AID AND ADVICE SCHEME

PART I

PRELIMINARY

1. (1) This Scheme may be called the Sikkim State Legal Aid and Advice Scheme, 1982.


2. Definitions—In this Scheme, unless the context otherwise requires,—

(a) "aided person" means a person to whom legal aid is provided or legal advice is given

in accordance with the provisions of this Scheme;

(b) "Board" means the Sikkim State Legal Aid and Advice Board;

(c) "Committee" means the District Legal Aid and Advice Committee, constituted in

accordance with this Scheme;

(d) "Court" includes any Tribunal or Authority in the State;

(e) "Form" means a form appended to this Scheme;

(f) "Government Resolution" means the Government Resolution, in the Law Department,

No.16(83)LD/79 dated the 22nd Febuary, 1982;

(g) "High Court" means the High Court of Sikkim at Gangtok;

2

(h) "legal advice" means oral legal advice or written legal advice as the nature of the case

may requir ;

(i) "legal aid" means legal aid in any or all of the modes provided in clause 17 of this Scheme;

(j) "legal practitioner" shall have the meaning assigned to that expression in the Advocates

Act, 1961 ;

(k) "legal proceeding" means any proceeding in any Court, including any preparatory steps

in connection with such proceeding.

PART II

CONSTITUTION, POWERS AND FUNCTIONS OF COMMITTEES

3. Committees.—For the purpose of administering and implementing the legal aid programme in the State,

the Board shall constitute the District Legal Aid and Advice Committee for every district in relation to the

provision of legal services at the headquarters of the district, and for supervision of legal services in the district.

4. Composition of District Legal Aid and Advice Committee.

(1) The District Legal Aid and Advice Committee for each district shall consist of the following

member, namely:—

(a) The District Collector .... Chairman

(b) two elderly residents of the district to be nominated by the Chairman from a panel of not

less than five persons recommended by the District Collector ....Member

(c) one lady social worker to be nominated by the Chairman from a panel of not less than

three lady social workers recommended by the District Collector after consultation with

the Chairman of the Sikkim State Social Welfare Advisory Board ....Member

Provided that the District Collector may co-opt on the Committee as a Member one

of the members of the Panchayat of the area where the applicant for legal aid resides.

Provided further that the Board may nominate not more than one person to repre-

sent any class or category of persons whose nomination is considered by the Board to be

necessary.

(2) The Deputy District Magistrate as may be decided by the District Collector shall be

Member-Secretary of the Committee.

5. Term of office of Members of Committee.—(1) The term of office of a Member of the Committee;

ex-officio members, shall be two years :

Provided that, if any such member fails without sufficient cause to attend three consecutivmeet

ings of the Committee, he shall cease to be such member, and the decision of the Chairman on the question,

whether he has ceased to be such members or not, shall be final.

(2) A non-official member of the Committee may at any time resign his office by submitting

his resignation signed and addressed to the Chairman of the Board through the Chairman

of the Committee. No such resignation shall take effect until it is accepted by the Chair-

man of the Board.

(3) Any vacancy in the office of a member of a Committee shall be filled up as early as may be

practicable, in the same manner as the original appointment and the person so nominated shall

continue to be a member for the duration of the term of office of the member in whose place he

is nominated.

(4) On the expiry of the term of office of a member other than ex-officio member, he shall be

eligible for re-nomination.

6. Cells of the Committees.—(1) Every Committee shall have a Conciliation Cell consisting of

such number of members of the Committee and other respectable members of the community, as the Committed

may appoint. The Committee while selecting non-members on such cell shall have due regard to the fact

whether such persons enjoy the confidence of the community and will be able to discharge the functions of

bringing about conciliation in a proper and satisfactory manner.

(2) Whenever any person seeking legal aid approaches the Committee and the Committed

is of the opinion that he is deserving of legal aid, it shall refer the matter to the Conci-

liation Cell and the Conciliation Cell shall issue notice to the opposite party and try to

bring about a concilation between the parties. If a settlement is considered reasona-

ble by the Concilation Cell and the person seeking legal aid refuses to accept it, the

he shall not be entilted to legal aid.

3

(3) The court or authority before which any legal proceeding is pending may, if it so thinks fit,

on application of parties, refer the dispute forming the subject-matter of the legal proceed-

ing to the relevant Conciliation Cell for the purpose of bringing about settlement between

the parties. If the Conciliation Cell is unable to bring about a settlement within a period

of one month from the date of reference of the dispute to it, the matter shall go back to

the court or the authority for disposal according to law.

7. Duties, powers and functions of Committees.—(1) It shall be the duty of the Committee to set

up,administer and implement the legal services programme within the district for which it is constituted, and

for this purpose to take all such steps as may be necessary having regard to the provisions of this Scheme and the

directions which may from time to time be issued by the Board.

(2) Without prejudice to the generality of the foregoing provisions, the Committee shall

exercise the following powers and perform the following functions, namely —

(a) to receive and investigate applications for legal aid and advice and make recommend-

dations to the Board;

(b) to submit recommendations and suggest improvements in the working of the legal

service programme;

(c) to prepare, consolidate and submit such returns, reports and statistical information

in regard to the legal service programme within its area, as the Board may call for.

(3) Subject to the general superintendence and control of the Board, every committee shall

exercise the powers and perform the functions conferred or imposed upon it by or under

this Scheme.

8. Functions of Chairman of Committee.—(1) The Chairman of a Committee shall be in overall

charge.of the administration and implementation of the Legal Aid Programme within the district

for which the Committee is constituted.

(2) In the absence of the Chairman the Vice-Chairman shall perform the functions of the

Chairman.

9. Functions of the Member Secretary.-(1) The Member Secretary shall be the principal officer of

the Committee and shall be the custodian of all assets, accounts, records and funds placed at the

disposal of the Committee.

(2) The Member Secretay shall maintain true and proper accounts of the receipts and disbur-

sements of the funds of the Committee.

(3) The Member Secretay shall convene meetings of the Committee with the previous approval

of the Chairman and shall also attend meetings and shall be responsible for maintaining a

record of the minutes of the proceedings of the meetings.

10. Meetings of the Committee.-(1) Every Committee shall ordinarliy meet once a month on such

date, and at such place, as the Member Secretary may, in consultation with the Chairman, decide

(2) The Chairman, and in the absence of the Chairman the Vice-Chairman, shall preside at

the meetings of the Committee.

(3) The procedure at any such meeting shall be such as the Committee may determine.

(4) The minutes of the proceedings of each meeting shall be truely and faithfully maintained

by the Member Secretary and such minutes shall be open to inspection at all reasonable

times by the Members of the Committee. A copy of the minutes shall, as soon as may be,

after the meeting, be forwarded to the Board.

(5) The quorum for the meeting of the District Legal Aid and Advice Committee shall be two

including the Chairman.

(6) All questions at the meeting of the Committee shall be decided by the majority of the

Members present and voting and in case of a tie, the person presiding shall have a second or

casting vote.

11. Travelling and Daily Allowances to Members of Committees.—No Menber of any Committee shall

be entitled to any remuneration for any work connected with the functions of the Committee.

12. Imprest Fund for Committees.-(1) For the purpose of meeting the incidental and minor charges

such as Court-fee stamps and expenditure necessary for obtaining copies of documents from a

Court, Imprest Fund of rupees five hundred shall be placed at the disposal of the Member Secretary

of the Committee.

(2) The Committee shall cause to be kept and maintained true and correct accounts of all

receipts and disbursements, and furnish quarterly returns to the Board.

(3) The Accounts of every Committee shall be audited at such intervals and by such auditors

as the State Government may direct. A copy of the audit report shall be forwarded to the

Board.

13. Staff, Office accommodation, etc.—The State Government will make the necessary arrangements

for staff - and other facilities as are necessary for the proper discharge of the functions of the Com-

mittee under this Scheme.

PART III

LEGAL AID AND ADVICE

14. Eligibility for legal aid and advice-Legal Aid or advice may be given by the Board diretly or on

the recommendations of the Committee to all persons who are bonafide residence of the State of Sikkim and

whose total annuaincome from all sources, whether in cash or in kind or partly in cash and partly in kind,

does not exceed rupees 7,800/- (Seven thousand eight hundred).

15. Proceedings in which leagal aid is admissible.—Subject to the provisions of clauses 14, 18 and sub-

clause (5) of clause 20, the Board shall give legal advice as also legal aid in all proceedings in any Court.

16. Matters on which legal advice admissible, etc.—Legal advice may be given in all matters and such

advice shall be aimed at,—

(a) amicable settlement of the dispute by bringing about conciliation between the parties to

the dispute;

(b) rendering assistance in complying with various legal requirements in order to secure the benefits

under various schemes sponsored by or on behalf of the Central or State Govern-ment or any

other public authority for the welfare of the general public or any section thereof.

17. Modes of legal aid.—Legal aid may be given in all or any one or more of the following modes,namely:-

(a) payment of court-fees, process fees, expenses of witnesses and all other charges payable

or incurred in connection with any legal proceedings;

(b) representation by a legal practitioner in legal proceedings;

(c) supply of certified copies of judgments, orders, notes of evidence and other documents in

legal proceedings;

(d) preparation of Appeal Paper Book, including printing and translation of documents, in

legal proceedings.

18. Legal aid not to be given in certain cases.—legal aid shall not be given in the following cases where

a person seeking legal aid —

(a) is concerned with the proceedings only in a representative or official capacity; or

(b) is concerned with the proceedings jointly with some other person or persons whose interest

are identical with his and such person or any or such persons is adequately represented in

the proceedings; or

(c) is a formal party to the proceedings, not materially concerned in the outcome of the pro-

ceedings and his interests are not likely to be prejudiced on account of the absence of proper

representation.

PART IV

PROCEDURE

19. Formof application for legal aid or advice.—(1) Any person desiring legal aidoradvice may make

an application in form A, addressed to the Member Secretary of the Board through the Committee concerned

But if the applicant is illiterate or not in a position to fill in the particulars required in the application, the Member

Secretary of the Committee shall gather the necessary particulars from the applicant and fill up the application

form on his behalf and after reading it out and explaining it to him, obtain his signature or thumb mark on it.

(2) The Committee or the Board, as the case may be, shall maintain a register of application

wherein all applications for legal aid and advice shall be entered and registered.

20. Disposal of applications.—(1) On receipt of an application under clause 24, the Member Secre-

tary shall scrutinise the application for the purpose of deciding whether the applicant is deserving of legal aid in

accordance with the provisions of this Scheme and for the purpose of arriving at such decision, he may require the

applicant to supply further informafon as may be necessary and also discuss the matter personally with the

applicant and in doing so he shall have regard to the fact that the applicant belongs to a weaker section of the co-

mmunity and is required to be assisted even in the matter of obtaining legal aid. The application shall be pro-

cessed as early as possible and preferably within fifteen days:

5

Provided that in cases where the question of limitation arises the Member Secretary may take the

decision and provide the legal aid at once and place it for approval at the next forthcoming meeting of the Board.

(2) The decision of the Member Secretary who scrutinizes the application as provided in sub

clause (1) above, to give legal aid shall be final, subject to confirmation by the Board at its

next meeting. If the Member Secretary is of the opinion that the applicant is not deserving

of legal aid, he shall place the matter before the Executive Committee of the Board whose

decision shall be final.

(3) Where it is decided not to give legal aid to an applicant, the reasons for not doing so shall be

entered in the Register of Applications maintained by the Committee and information in

writing to that effect shall be communicated to the applicant.

(4) No application for legal aid or advice shall be granted, or continued after the legal aid is

grant if the Board is satisfied that —

(a) the applicant has knowingly made false statement or furnished false information as re-

gards his means or place of residence; or

(b) in a proceeding, other than the one relating to criminal prosecution, there is no

prima facie case to institute, or as the case may be, to defend the proceedings; or

(c) the application is frivolous or fictitious ; or

(d) the applicant is not entitled to the same under any other provisions of this Scheme; or

(e) having regard to all the circumstances of the case, it is otherwise not reasonable to

granted it.

21. Certificate of Eligibility.—(1) Where an application for legal aid or advice is allowed, the Mem-

ber Secretary of the Committee shall issue a Certificate of Eligibility to the applicant entitling him to legal aid \

or advance in respect of the proceeding concerned. The Certificate shall be in Form 'B'.

(2) The Certificate of Eligibility shall entitle the aided person to claim legal aid or advice as may

be specified in the Certificate.

(3) The Certificate of Eligibility shall stand cancelled if the legal aid is withdrawn and the lawyer

to whom the case of the applicant is assigned as also the Court before which the case is pen-

ding shall be informed accordingly, in writing.

22. Panels for legal aid and advice.—(1) The Board shall form such number of Panels of Legal Prac-

titioners as it may consider necessary.

(2) Every such Panel shall be constituted for a period of two years from the date of its cons-

titution.

(3) Appointment of a legal practitioner for legal aid or advice under this Scheme shall be

made from the Panel of Legal Practitionets constituted by the Board.

(4) Every person included in the Panel shall be required to communicate in writing to the

Chairman of the Board concerned, his willingness to serve on the Panel.

(5) Any person on the panel may tender his resignation in writing to the Chairman of the Board.

(6) Any vacancy in the panel caused by resignation or otherwise, may be filled up by the Board,

as soon as possible.

(7) If any person after having agreed to serve on a Panel, neglects or refuses to discharge his

duties properly, the Board may delete his name from the Panel after giving him opportunity

to be heard.

(8) If any person after having agreed to serve on a Panel, neglects or without sufficient cause

refuses to accept an assignment, or is otherwise guilty of misconduct or is guilty of breach

of any of the provisions of this Scheme, he shall be liable to be removed from the Panel, after he

has been given an opportunity of being heard.

(9) Save as otherwise directed by the Board, a legal practitioner who ceases to be on the Panel, whether

on account of resignation or otherwise, shall as soon as practicable, after he so

ceases to be on the Panel, deliver up all the papers pertaining to cases entrusted to him,

to the Member Secretary of the Board.

Duties of Panel lawyers.—(1) Where the Committee has extended legal aid or advice, then—

(a) where it is a case of legal advice, the legal practitioner shall hear the aided person or any other

person representing him, examine the papers and documents relating to the case and tender

in writing his opinion on the merits and his advice thereon; and

(b) where it is a case of legal aid, the legal practitioner shall represent the aided person and act

and plead for him in the legal proceeding.

6

(2) (a) Where action is taken by a legal practitioner under sub-clause (a) of clause (1),

he shall give his opinion and advice to the aided person and also send a copy of the same

to the Member Secretary of the Board.

(b) Where action is taken by a legal practitioner under sub-clause (b) of clause (1), he

shall forthwith make a report to the Member Secretary of the Board on the action

taken by him and also make monthly reports to the Member Secretary in regard to

the progress of the Legal proceeding. The legal practitioner shall act in accordance

with such instructions as may be given to him, from time to time, by the Member

Secretary of the Board.

24. Information to be kept confidential.—Any information furnished or instructions given to the Board

or Committee or any legal practitioner by any aided person in respect of his case shall be kept confidential by

the Board. Committee, or as the case may be, by the legal practitioner and shall be used only in the due perfor-

mance of the function of providing legal aid or advice to the aided person, but with the consent in writing of the

aided person, it may also be used for any other purpose. No such information shall, however, be used against

the interest of the aided person, unless required by law.

25. Honorarium payable to Legal Practitioners on the Panel.—(1) The legal practitioners on the Panel

shall be paid following honoriarium, namely :—

(a) where only opinion is given after examining the papers and documents of the aided person

Rs.50/- (consolidated) per case.

(b) for appearance before the Sikkim High Court at Gangtok - Rs.175.00 per appearance

(inclusive of consultation/drafting charges and typing etc.).

(c) for appearance before the District Court and other subordinate courts at Gangtok Rs. 150.00

for each appearance (inclusive of consultation/drafting charges and typing etc)......

(d) for appearance before courts in district headquarters of Sikkim —

(i) Rs.150.00 for each appearance;

(ii) Rs.50.00 (Consolidated) for boarding/lodging;

(iii) Rs. 50.00 for professional loss for each day of absence from Gangtok beginning from the

time of departure and ending with the time of arrival periods for less than six hours

being ignored, and

(iv) double the bus fare from Gangtok to the district headquarters and back.

(e) A fee of Rs.50.00 (fifty) only shall be payable for the day when a case is adjourned. Other

wise than on the application of the advocate enagaged in the legal aid case:

Provided that each local advocate shall take up two legal aid cases per months free of

charges upto 3 1.3.1983:

Provided further that where such advocate has to appear in cases outside Gangtok, he

shall get for boarding/lodging etc., the fees as specified in sub-paragraph (d) (ii) (iii)

and (iv).

(f) when a Senior Advocate from Gangtok or other place outside Delhi is engaged-

A. In the Supreme Court, he shall get —

(1) double the bus fare from his place of residence upto Siliguri and back

(2) first class train fare from NJP/Siliguri to Delhi and back.

(3) free accommodation in the Sikkim House, if available or rupees two hundred

fifty-per day on account of lodging, boarding and cost of transport for the days

spent in Delhi.

(4) Rs.200.00 on account of professional loss per day beginning from the time of

departure from the place of his ordinary residence and ending with the time of

his arrival to the said place — period below six hours being ignored.

(5) Rs.200.00 for appearance in the Supreme Court subject to a maximum of

Rs. 1000.00 (one thousand) per case and Rs. 100.00 per day for the days of waiting

(6) Drafting Fee of Rs. 85.00 per petition including affidavit.

(7) Consultation fee of Rs. go. 00 per consultation subject to a maximum of Rs. 150.00

per case.

(8) Actual expenses incurred on typing/cyclostyling.

(g) In the High Court at Gangtok and District Corts in Sikkim-

(1) first class train fare from place of residence upto NJP/Siliguri and back.

7

(2) Double the bus fare from Siliguri to Gangtok and back.

(3) Free lodging and boarding in New MLA's Hostel if available otherwise rupees 100.00

per day for the days of his stay at Gangtok.

(4) Rs. 100.00 for appearance in the High Court/District Court subject to a maximum

of Rs.1000.00 per case.

(5) Rs. 100.00 on account of professional loss per day as provided in A (4).

(6) (a) Drafting fee of Rs.50.00 per petition subject to a maximum of Rs.150.00

per case.

(b) Consultation fee of Rs. 35.00 per consultation subject to a maximum of

Rs.105.00 per case.

(c) Actual expenses incurred on typing/cyclostyling.

(h) When the Advocate General is engaged for appearance in the Supreme Court, he shall get -

(1) free transport from Gangtok to Bagdogra and back.

(2) air-fare from Bagdogra to Delhi and back.

(3) free lodging and boarding in the Sikkim House at Delhi.

(4) free transport at Delhi.

(5) rupees two hundred fifty on account of professional loss per day beginning from the

time of departure from Gangtok and ending with the time of his return to Gangtok-

period-below six hours being ignored.

(6) drafting and consultation fees as may be claimed by him.

(2) The legal practitioner on the Panel, who has completed his assignment, shall submit

a statement showing the honorarium due to him in connection with the legal proceeding

conducted by him on behalf of the legally aided person, to the Member Secretary of the Board,

who shall after due scrutiny and countersignature, place the same before the Board for sanction

and on such sanction being given by the Board, the amount shall be paid by the Member

Secretary to the legal practitioner. It shall,, however, be open to the legal practitioner to

waive the honorarium wholly or partially.

26. Duties of aided person.— (1) A person seeking legal aid or advice shall comply with any re-

quistion or direction that may be made to him by the Board, its Executive Committee or Member Secretary

of the Board from the date the application for legal aid or advice is made till the completion or cessation of legal

aid or cancellation of the Certificate of Eligibility.

(2) Every such person shall execute an agreement in Form C agreeing in the event of the Court

passing a decree or order in his favour awarding costs to him or other monetary benefit

or advantage, to repay by way of reimbursement to the Board all costs, charges and expenses

incurred by the Board in giving him legal aid. For facilitating such reimbursement he shall

execute an irrevocable Power of Attorney in Form D authorising the Member Secretary

of the Board to do all such acts and things as may be necessary for recovery or realisation

of the amount decreed or ordered to be paid to him. The costs, charges and expenses

which may be recovered by the Board as aforesaid shall be credited to Fund of the Board.

(3) Every aided person or his representative shall attend the office of the Board as and when

required by the Board or by the Member Secretary or the legal practitioner rendering

legal aid to him and shall furnish full and true information and shall make full disclosure to

the Member Secretary or the legal practitioner concerned and shall attend the Court, as and

when required, at his own expenses.

27. Cancellation of Certificate of Eligibility.—The Board may either on its own motion or other-

wise cancel the Certificate of Eligibility granted under clause 21 in the following circumstances, namely:—

(a) in the event of it being found that the Certificate of Eligibility was obtained by mis-

representation or fraud;

(b) in the event of any material change in the circumstances of the aided person;

(c) in the event of any misconduct, mis-demeanour or negligence on the part of the aided per-

son in the course of receiving legal aid;

(d) in the event of the aided person not co-operating with the Committee or with the legal

practitioner assigned by the Committee;

(e) in the event of the aided person engaging a legal practitioner other than the one assigned by

the Committee;

8

(f) in the event of death of the aided person, except in the case of civil proceedings where the

right or liability survives;

(g) in the event of externment under any law for the time being in force, of the aided person, from

the area or place of his residence or business:

Provided that, no such Certificate of Eligibility shall be cancelled without giving due

notice thereof to the aided person or to his legal representatives in the event of his death,

to show cause as to why the Certificate should not be cancelled.

28. Power to give directions.—The Board may, from time to time, issue direction to the Committees

to carry out the purposes of this Scheme and the Committees shall be bound to carry out such directions.

__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 106 Gangtok, Wednesday, July, 6, 1983.

_________________________________________________________________________


HOME DEPARTMENT

NOTIFICATION

No. 51(8) Home/83/510 Dated Gangtok, the 28th June, 1983.

Government of Sikkim is pleased to nominate Secretary, Excise, as a Director of the Board of the

Himalaya Distilleries Ltd. Majltar, Rangpo with immediate effect.

M. P. PRADHAN

Chief Secretary,


______________________________________________________________________________________

PRINTED AT THE SIKKIM GOVENRMENT PRESS, GANGTOK.

S I K K I M


EXTRAORDINARY


No. 107 Gangtok, Wednesday, July 6,1983.

_______________________________________________________________________________


LAW DEPARTMENT

Notification No. 3/LD/RC/82. Dated the 29th April, 1982.

The following Act passed by Parliament and published in the Gazette of India,

Extraordinary, Part II, Section I, is hereby republished for general information.

THE AFRICAN DEVELOPMENT FUND ACT. 1982

(ACT NO. 1 OF 1982)

AN

ACT

to implement the African Development Fund Agreement and for matters con-

nected therewith.

Be it enacted by Parliament in the Thirty-third Year of the Republic of

India as follows:

1. (1) This Act may be called the African Development Fund Act, 1982. Short title, extent

(2) It extends to the whole of India. and commencement.

(3) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

(2) In this Act, unless the context otherwise requires,— Definitions.

(a) "Agreement" means the African Development Fund Agree-

ment;

(b) "Fund" means the African Development Fund established

under the Agreement.

3. (1) There shall be paid out of the Consolidate 1 Fund of India, Payments to Fund.

after due appropriation made by Parliament by law in this behalf, all such

sums as may, from time to time, be required for the purpose of paying,—

(a) the subscription payabie by the Central Government to the

Fund under Articles 6, 7, 8 and 9 of the Agreement;

(b) any sums payable by the Central Government to the Fund

under Article 13 of the Agreement; and

(c) any charges payable by the Central Government to the Fund

under Article 16 of the Agreement.

(2) The Central Government may, if it thinks fit so to do, create and

issue to the Fund, in such form as it thinks fit, any such non-interest bearing

and non-negotiable note or other obligations as are provided for by Article 9

of the Agreement.

2

Reserve Bank to be 4. The Reserve Bank of India shall be the depository of the Indian

depository for Fund. currency holdings of the Fund.

Conferment of Status 5. (1) Notwithstanding anything to the contrary contained in any other

and certain immuni- law, the provisions of the Agreement set out in the Schedule shall have the

ties, exemptions and force of law in India:

privileges on Fund and conferment of cer- Provided that nothing in Article 49 of the Agreement shall be construed

tions and privi- as—

leges on its officers (a) entitling the Fund to import into India goods free of any duty of

and employees. customs without any restriction or their subsequent sale therein;

(b) conferring on the Fund any exemption from duties or taxes

which form part of the price of goods sold; or

(c) conferring on the Fund any exemption from duties or taxes which

are in fact no more than charges for services -rendered.

(2) The Central Government may, by notification in the Official Gazette

amend the Schedule in conformity with any amendments, duly made and

adopted, of the provisions of the Agreement set out therein.

Power to make rules. 6. The Central Government may, by notification in the Official Gazette

make rules for carrying out the purposes of this Act.

Notifications issued 7. Every notification issued under sub-section (2) of section 5 and every

under section 5 and rule made under section 6 shall be laid, as soon as may be after it is issued or

rules made under made, before each House of Parliament, while it is in session, for a total period

section 6 to be laid of thirty days which may be comprised in one session or in two or more suc-

before Parliament. cessive sessions and if, before the expiry of the session immediately following

the session or the successive sessions aforesaid, both Houses agree in making

any modification in the notification or, as the case may be, in the rule or both

Houses agree that the notification or rule should not be issued or made, the

notification or rule shall thereafter have effect only in such modified form or

be of no effect, as the case may be; so however, that any such modification or

annulment shall be without prejudice to the validity of anything previosly

done under that notification or rule.

THE SCHEDULE

(See section 5)

PROVISIONS OF THE AGREEMENT WHICH SHALL HAVE FORCE

OF LAW

CHAPTER VIII

STATUS, IMMUNITIES, EXAMPTIONS AND PRIVILEGES

ARTICLE 41

PURPOSE OF CHAPTER

To enable the Fund effectively to fulfil its purpose and carry out the fun-

ctions entrusted to it, the status, immunities, exemptions and privileges set

forth in this Chapter shall be accorded to the Fund in the territory of each

State participant, and each State participant shall inform the Fund of the

specific action which it has taken for such purpose.

ARTICLE 42

STATUS

The Fund shall possess full judicial personality and, in particular full

capacity:

(i) to contract;

(ii) to acquire, and dispose of, immovable and movable property;

and

(iii) to institute legal proceedings.

3

ARTICLE 43

Legal process

1. The Fund shall enjoy immunity from every form of legal process,

except in case arising out of or in connection with the exercise of its power to

receive loans in accordance with Article 8, in which case actions may be

brought against the Fund in a court of competent jurisdiction in the territory

of a country in which the Fund has its office, or has appointed an agent for

the purpose of accepting service or notice of process, or has otherwise agreed

to be sued.

2. Notwithstanding the provisions of paragraph 1, no action shall be

brought against the Fund by any participant, or by any agency or instrumen-

lality of a participant, or by any entity or person directly or indirectly acting

for or deriving claims from a participant or from any agency or instrumenta-

lity of a participant. Participants shall have recourse to such special proce-

dures for the settlement of disputes between the Fund and its participants as

may be prescribed in this Agreement, in the bye-laws and regulations of the

Fund, or in contracts entered into with the Fund.

3. The Fund shall also make provision for appropriate modes of settle-

ment of disputes in cases which do not come within the provisions of para-

graph 2 and of Articles 52 and 53 and which are subject to the immunity of

the Fund by virtue of paragraph 1 of this Article.

4. Where by virtue of any of the provisions of this Agreement the Fund

does not enjoy immunity from legal process, the Fund, and its property and

assets wherever located and by whomsoever held, shall nevertheless be immune

from all forms of seizure, attachment or execution before the delivery of final

judgement against the Fund.

ARTICLE 44

IMMUNITY OF ASSETS

Property and assets of the Fund, wherever located and by whowsoever

held, shall be immune from search, requisition, confiscation, expropriation or

any other form of taking or foreclosure by executive or legislative action.

ARTICLE 45

IMMUNITY OF ARCHIVES

The archives of the Fund, and, in general, all documents belonging to

it or held by it, shall be inviolable, whereve located.

ARTICLE 46

FREEDUM OF ASSETS FROM RESTRICTION

To the extent necessary to carry out the purpose and function of the

Fund, and subject to the provisions of this Agreement,all property and other

assets of the Fund shall be free from restriction by financial controls, regula-

tions, or moratoria of any kind.

ARTICLE 47

PRIVILEGE FOR COMMUNICATIONS

Official communications of the Fund shall be accorded by each State

participant the same treatment as it accords to the official communications of

other international financial institutions of which it is a member.

ARTICLE 48

IMMUNITIES AND PRIVILEGES OF OFFICIALS AND PERSONNEL

All governors and directors, and their alternates, the President and per-

sonnel, including experts perfoming missions for the Fund:

4

(i) shall be immune from legal process with respect to acts perfor-

med by them in their official capacity;

(ii) when they are not local nationals, shall be accorded no less

favourable immunities from immigration restrictions, alien registration

requirements and national service obligations, and no less favourable

facilities as regards exchange regulations, than are accorded by the State

participant concerned to the representatives, officials and employees of

comparable rank of any other international financial institution of which

it is a member: and

(iii) shall be granted no less favourable treatment in respect of tra-

veiling facilities than is accorded by the State participant concerned to

representatives officials and employees of comparable rank of any other

international financial institution of which it is a member.

ARTICLE 49

EXEMPTION FROM TAXATION

1. The Fund, its, assets, property, income, operations and transactions,

shall be exempt from all direct taxation, and from all customs duties, or taxes

having equivalent effect, on goods imported or exported for its official use.

The Fund shall also be exempt from any obligation for the payment withhol-

ding or collection of any tax or duty.

2. Notwithstanding the provisions of paragraph 1, the Fund shall not

claim exemption from taxes which are no more than charges for services ren-

dered.

3. Articles imported under an exemption provided for by paragraph

shall not be sold in the territory of the State paritcipant which granted the

exemption except under conditions agreed with that participant.

4. No tax shall be levied on or in respect of salaries and emoluments

paid by the Fund to the President and personnel including experts perfoming

missions for it.

ARTICLE 50

WAIVER BY THE FUND

1. The immunities, exemptions and privileges provivded in this Chap-

ter are granted in the interests of the Fund. The Board of Directors may

waive, to such extent and upon such conditions as it may determine, the

immunities, exemptions and privileges provided in this Chapter in cases where

its action would in its opinion further the interests of the Fund.

2. Regardless of the provisions of paragraph 1, the President shall have

the right and the duty to waive the immunity of any of the personnel, inclu-

ding experts performing missions for the Fund, in cases where, in his opinion

the immunity would impede the course of justice and can be waived without

prejudice to the interests of the Fund.

R.V.S. PERI SASTRI

Secretary to the Govt,of, India,

By Order,

B. R. PRADHAN


Law Department.

F.No.11 (265)LD/81

_______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 108 Gangtok, Tuesday, July 26,1983.

____________________________________________________________________________________________



GANGTOK

Notification No. 119(723)/A/L.R.(S) Dated Gangtok, the 26th July, 1983.

Whereas the function of the Central Government under the Land Acquisition Act,

1894 (Iof 1894), in relation to the Acquisition of land for the purpose of Union have been

entrusted to the State Government by Notification No. F. 12018/12/76-LRD dated 10.1.1978

issued by the Government of India under Clause (1) of Article 258 of the constitution of India;


purpose being a purpose of the Union namely for the construction of Western Bye Pass starting

from Amdo Golai and passing through Tadong, Sichey-gaon-Burtuk and Penlong blocks

joining the Northern Sikkim Highway near about Maneykhola in East District, Gangtok,

Sikkim, it is hereby notified that 90' wide strip of land i.e.60' on hill side and 30' in valley side

from the proposed alignment of the bye pass within cadastral survey plot nos. noted under the

Schedule of properties below and measuring more or less 25.3840 hectres is likely to be needed

for the aforsaid Public purpose at the public expense within the aforesaid blocks of Tadong,

Sicheygaon,Burtuk, and Penlong, East District, Sikkim.

This Notification is made, under the provision of Section 4 of the Land Acquisition

Act, 1894 read with the said notification to all whom it may concern.

A plan of land and boundaries of respective plots may be inspected/verified in the

Office of the Collector-cum-Special Land Acquisition Officer, Land Revenue Deptt, at Gangtok.

In exercise of the powers conferred by the said section read with the said Notification,

the Governor is pleased to authorise the Officer for the time being engaged in undertaking,

with their servants and workmen, to enter upon and survey the land and do all other acts

required or permitted by that Section.

Any person interested in the above land who has any objection to the acquisition there-

may within fifteen days after the date on which public notice of the substance of this notifi-

tion is published in the official Gazette, file an objection in writing before the Collector-cum-

Sp. L.A.O,Land Revenue Department at Gangtok.

And Whereas there is urgency to acquire the land, the Governor is further

pleased to Act under section 17(4) that the provision of section 5-A of the Act shall not apply.

2

SCHEDULE OF PROPERTIES

Parts of Cadastral Survey Plot Nos. 28A, 28B, 28C, 26, 27A, 8, 9, 7, 27/B at Tadong Block

Parts of Cadastral Survey Plot Nos. 956, 957, 958, 959A, 959B, 959C, 971, 969, 964, 968A,

847A, 848B, 847B, 846, 845A, 845B, 845C, 845D, 825, 815A, 815B, 815C, 815D, 814A,

814B, 814C, 731, 651A, 651B, 637A, 637B, 638, 644A, 644B, 644C, 642, 643, 647A, 647B, 646, 648,

645, 649, 650, 596A, 596B, 595, 590, 589A, 589B, 589C, 573, 571, 570, 575, 569, 566A, 556B,

535, 536, 528A, 528B, 528C, 529, 389A, 389B, 389C, 390, 391, 428, 426, 429 510A, 509A, 509B,

510B, 511A, 511B, 524A, 525, 524B, 529A, 529B, 526A, 526B, 526C, 538, 539, 540,565A, 565B,

565C, 565D, 569A, 575, 577, 576, 585, 569B, 569C, 544, 523A, 523B, 547, 522, 516, 541, 515,

513, 505, 506, 432A, 432B, 433, 436, 437, 465A, 465B, 465C, 465D, 465E, 464A, 464B,463A,

463B, 462, 461, 467, 468, 469, 487A, 488A, 487B, 493, 488B, 489, 484, 483, 482, 479, 272 at

Sichey Block.

Parts of Cadastral Survey Plot Nos. 480A, 480B, 476, 475A, 475B, 471, 479, 470A, 470B, 432,

431A, 431B, 429, 430, 428, 409, 410, 405, 223 224, 225, 226, 203, 204, 96, 97, 98, 198, 99, 199, 183A,

183B, 184A, 184B, 186, 174A, 174B, 170, 169A, 169B, 167, 166A, 166B, 165,164, 163,

162, 161, 160, 129, 130, 159, 150A, 155,150B, 148, 153, 141, 140A, 140B 139/489, at Burtuk

Block.

Parts of Cadastral Survey Plot Nos. 292,296, 291A, 296, 2MB, 282, 291/348, 273 274, 267A,

267B, 267C, 267D, 266, 260, 261, 259, 268, 269, 271, 277, 274, 275, 282, 283 at Penlong Block.

By Order of the Governor,

K. SHERAB,

Secretary,



________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 109 Gangtok, Thursday, July 28,1983.

__________________________________________________________________________________


HOME DEPARTMENT

NOTIFICATION

No. 51(9)Home/83/511 Dated Gangtok, the 28th June, 1983.

Government of Sikkim is pleased to nominate Secretary, Industries Department as a

Director in the Board of Sikkim Syntex Ltd. with immediate effect.

M. P. PRADHAN,

Chief Secretary,


___________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y _____________________________________________________________________

No. 110 Gangtok, Thursday, July, 28, 1983.

___________________________________________________________________________________


HOME DEPARTMENT

No. 6(17)Home/83/18, Dated Gangtok,the 1st July, 1983.

NOTIFICATION

The Governor of Sikkim is pleased to pass the following order :-

"Under Article 165 of the Constitution of India, I, Homi J.N.Taleyarkhan, Governor

of Sikkim, appoint Mr, Anup Deb, as the Additional Advocate General of Sikkim.

HOMI J.N.TALEYARKHAN,

Governor of Sikkim

27.6,1983",

This supersedes Home Department Office Order No. 6(7) Home /83/464 dated 16th

June, 1983.

J.T. DENSAPA

Home Secretary,


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 111 Gangtok, Thursday, July 28, 1983.

__________________________________________________________________________________________


RURAL DEVELOPMENT DEPARTMENT GANGTOK.

Notification No. 4

No. 35(43) 1983-84/PAN/RDD/1303/RDD.

Dated Gangtok the 27th May, 1983.

The following persons are hereby nominated as office bearers of Gram Panchyat for the follo-wing

Gram Panchayat indicated against each for a term of five years under sub-section (6) of section 4 of the

Sikkim Panchayat Act, 1982.

District: East.

______________________________________________________________________________________

Name and address of nominated persons. Name of Ward Gram Panchayat.

______________________________________________________________________________________

1. Sri Tashi Bhtuia, Shotak Busty,

P.O. Penlong, (East Sikkim) " Shotak Penlong.

2. Sri Gogay Bhutia, Shotak Busty,

P.O. Penlong (East Sikkim) Shotak Penlong.

______________________________________________________________________________________

1. Sri Kami Tshering Bhutia,

Gnathang (East Sikkim) Gnathang Gnathang.

2. Smt. Tsewang Yangki Bhutia, " "

Gnathang (East Sikkim)

3. Sri Ongay Sherpa Gnathan (East Sikkim) " "

4. Sri Tshering Bhutia, Gnathang (East Sikkim) " "

Sd/-

(P. K. Pradhan, IAS)

Secretary,


Govt. of Sikkim.

_______________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 112 Gangtok, Thursday, July 28, 1983.

____________________________________________________________________________________________


RURAL DEVELOPMENT DEPARTMENT GANGTOK

Notification No. 5

No. 35/20/RDD/PAN/1982-83/1302/RDD, Dated 4.6.83.

In exercise of powersw conferred under section 108(1) and (2) of the Sikkim Panchayat Act, 1982

the State Government hereby nominates the following persons as members representing the Scheduled

Tribes, Schedule Castes and women of different Gram Panchayat of the four districts as shown below:-

District East

_____________________________________________________________________________________

Gram Panchayat Name of Gram Names of nominated members

unit No. Panchayat Scheduled Tribe Scheduled Caste Women

_____________________________________________________________________________________

1 2 3 4 5

_____________________________________________________________________________________

1. West Pendam ---- Sri Mon Bahadur Singh ----

2. Central Pendanm ---- Sri Mon Bahadur Silal ----

3. East Pendam ---- ---- Sushri Sabitri Devi

Gurung

4. Sumin Lingzey ---- ---- Smt. Jasmaya Rai

5. Pakyong — ---- Smt.Victoria Pradhan

6. Pacheykhahi ---- Sri Dhan Bahadur Sewa Smt .Ratna Pradhan.

7. Aho-Yangtam — ---- Smt.Harimaya Ghimira.

8. Taza-Amba Sri Ten Tshering — -----

Lepcha

9. Linkey-Thekabohg — ----- Smt. Tulasa Devi

Bastola.

10. Mochong Sri Dorjee Bhutia — Indra Kumari Gurung

11. Latuk-Chochenperi — --- Smt. Goma Kumari

Chettri.

12. Rolep-Lamaten — — Smt. Nopu Lhamu

13. Lingtam-Phadamcheii — --- Smt. Nandamaya Chettri

14. Sudunglakha ---- --- Smt. Man Kumari

Gurung.

2

___________________________________________________________________________________________

1 2 3 4 5

___________________________________________________________________________________________

18. Regu ---- --- Smt. Hemlata

25. Syari Samdur Sri Chumpet Lepcha ---- ----

26. Suchagang ---- ---- Smt. Hom Kumari

Sharma

27. Luing-Perbing ---- - --- Smt. Nomkit Bhutia

28. Ranka ---- Sri Hasta Bahadur Darjee Smt. Chulamu Bhutia

29. Rhe-Mendu ---- ---- Smt.Leguk Lepcha

30. Rumtek --- --- Smt. Phumaya

Pradhan

31. Samlik-Marchak ---- Sri Saruney Darnel ---

32. Namli --- --- Smt. Manmaya Rai

33. Martam ---- --- Smt. Ranmaya Chettri

34. Rabdang-Tsalamthang ---- Sri Man Bahadur Sunar Smt. Soma Tamang

35. Byang-Peyong ---- Sri Tikaram Lamichaney Smt. Saraswati Devi

Chettri

36. Khamdong --- --- Smt. Pemki Tamang

37. Dung-Dung-Aritar ---- ---- Smt. Tshering Phuti

Bhutia

38. Simik-Lingzey --- ---- Smt. Meena Kumari

39. Tumin --- --- Smt. Januka Devi

Luitel

40. Samdong-Kambel Sri Sonam Tashi --- Smt. Manmaya Rai

41. Rakdong --- --- Susri Sukmaya

Manger

42. Lingdok --- ---- Smt. Lhamu Bhutia

43. Penlong --- ---- Smt. Yishey Lhamu

________________________________________________________________________________________________

DISTRICT WEST

1. Karchi ---- ---- Smt. Mattimaya

2. Kongri-Gangyap ---- --- Jogmaya Gurung

3. Tashiding --- ---- Tshering Phuti Bhutia

4. Gerethang ---- --- Phoolmaya Subba

5. Yoksam ---- ---- Susri Pavitra Gurung

6. Thingling ---- --- Pyari Limbu

7. Melli ---- ---- Sonamki Bhutia

8. Singrangpong ---- ----- Bhaktimaya Subba

9. Darap ---- --- Sukmaya Subba

10. Singyang ---- ---- Chusey Bhutia

11. Naku-Chumbong --- - ---- Pushpa Kumari Kharki

12. Yangtey ---- ---- Harimaya Sharma

13. Gyalsing-Karmatar --- Sri Dil Bahadur Darjee Dichen Palden

14. Yangthang --- - --- Yangchen Bhutia

15. Lingchom Sri Phurden lama Sri Haka Bahadur Darjee Pushpa Devi Tamang

16. Bangten ---- ---- Nim Lahmu Bhutia

17. Gyaten-Karmatar ---- ---- Harkamaya Subba

18. Maneybong-Sopakha ---- --- Gajuarmaya Subba

19. Dentam --- ---- Tara Gurung

20. Sangkhu Sri Prem Singh Lepcha ---- Nainakala Sharma

3

________________________________________________________________________________________________

1 2 3 4 5

_________________________________________________________________________________________________

21. Hee — — Laden Bhutia

22. Bermiok-Martam Sri Phurba Tshering Lepcha — Dhanmaya Subba

23. Berfok — — Padam Maya Gurung

24. Chingthang — — Ratan Kumari Rai

25. Sangadorji — — Dawden Lepcha •

26. Boom Reshi — — Maita Rani Rai

27. Samdong Sri Raiman Lepcha — Pemphuti Bhutia

28. Deythang — — Sedem Bhutia

29. Suldung'Kamling — — Bina Devi Chettri

30. Mabong-Sigeng — — Ganga Maya Rai

31. Khanisirbong — — Naina Maya Manger

32. Samsing-Gelling — — Smt. Sabitri Rai

33. Chota Samdong — — Smt. Sanchi Limbu

34. Chakung Sri Thendup Tshering Lepcha — Lila Devi Gurung

35. Chumbong — — Mori Rai

36. Malbasey — — Ranmaya Gurung

37. Soreng — — Pavitra Maya Yonzon

38. Singling — — Dawa Lhamu

39. Timberbong — — Krishna Maya Limbu

40. Dodok-Burikhop — — Ranmaya Chettri

41. Rumbuk — — Sunmit Lepcha

42. Lower Thambong — — Pavitra Chettri

43. Lungchok-Salyangdang — — Purna Kumari Chettri

44. Siktam Tikpur — — Lila Devi Chettri

___________________________________________________________________________________________________

District : North.

1. Tung Naga — — Smt. Norjey Lepcha

2. Ship-Gyer — — Smt. Nimtick Lepcha

3. Ringhim'Nampatam — ---- Smt. Diki Dadhul

4. Berfok Lingdong — — Smt. Chaymo Lepcha

5. Linglhem-Lingdem — — Smt. Chungmu Lepcha

6. Tingvong — — Smt. Kudue Lepcha

7. Sakyong-Pentong — — Sushri Lhakit Lepcha

8. Lum-Gor-Sangtok — — Smt. Yadan Doma

Lepcha

9. Hee Gyathang — — Smt. Songmit Lepcha

10. Chungthang — — Smt. Chungki Lepcha

11. Namok Sayem — — Smt. Karzang Bhutia

12. Tingchim-Mangsila — — Smt. Lachimaya Limbu

13. Rongong-Ramthang — — Sushri Chumki Bhutia

14. Phensang — — Smt. Uden Lepcha

15. Men-Rongong — — Smt. Kaku Lepcha

16. Kabi – Tingda — — ` Smt.Nima Lhamu

Sherpa.

___________________________________________________________________________________________________

District: South.

1. Lingi-Paiyong — — Smt. Jasoda Koirala

2. Lingmo Tokdey ----- ---- Smt. Lachimaya Karki

4

_________________________________________________________________________________________________

1 2 3 4 5

_________________________________________________________________________________________________

3. Niyar Brom — — Smt. Tilarupa Thapa

4. Yangang — — Smt. Thulimaya

Gurung.

5. Sripatam-Namphok — — Smt. Dhanmaya Rai

6. Ravang-Sangmo — — Smt. Diki Peden

Bhutia

7. Berfong-Zarong — — Smt. Pushpa Darjee

8. Ben Namprik — — Smt. Dorjila Namgyal

9. Tarku-Tanak — — Smt. Krishna Kala

Tewari

10. Temi — — Smt. Passi Sherpa

11. Namphing Tokal — — Smt. Dikki Lhamu

12. Bermiok — — Smt. Ratan Bhai

Chettri

13. Rameng-Nizrameng — — Smt. Kurmari Gurung

14. Perbing — — Smt. Menuka Devi

Chettri

15. Karek-Kabrey — — Smt. Phulmati Limbu

16. Nagi Maneydara Sri Sonam Lepcha — Smt. Devi Maya Dhal

17. Pamphok — Smt. Krishna Kumari Kami —

18. Turung — — Smt. Kamla Devi

Sharma

19. Deleted –– –– ––

20. Sadam — — Smt. Purnamaya

Gurung

21. Suntoley-Paiyong — — Smt. Swaraswati

Sharma

22. Mellidara — — Smt. Chandra Pradhan

23. Turuk-Ramabong — — Smt. Kharigimaya Rai

24. Lungchok-Kameray — — Smt. Passang Doma

Sherpa

26. Sumbuk-Kartikey — Sri Birkhaman Kami Smt. Bhagimaya

Chettri

27. Rong-Bull — — Smt. Gaummaya

Gurung

28. Maniram-Phalidara — — Susri Pem Lhaki

Sherpa

30. Mamley-Kamrang — — Smt. Ranmaya Rai

31. Assangthang — — Smt. Dhanmaya

Chettri

32. Salghari — — Smt.Ramalachi Rai

33. Poklok-Denchung — — Smt. Damberlachi Rai

34. Damthang — — Smt. Sita Rai

35. Sorok-Syampam — — Susri Chandra Maya

Rai

36. Mikkhola — Sri Shalal Darjee Smt. Nimphuti Lepcha

37. Wok-Omchu — — Smt. Jummit Lepcha

38. Tinkitam Sanganath — — Smt. Chongmula

Bhutia

39. Rayong Sri Neptey Sherpa — Smt. Kuntamaya

Chettri

40. Kewzing-Bakhim — — Smt. Durgen lepcha

41. Legsep-Hingdam Sri Rabzung Lama — Smt. Pemkit Lepcha

42. Raiaong-Namlong — — Smt. Angee Bhutia

5

______________________________________________________________________________________________

1 2 3 4 5

______________________________________________________________________________________________

43. Borong Sri Agey Tshering Bhutia --- Smt, Chandramaya

Gurung

44. Sada-Phamtem ---- --- Smt. Pobimaya Gurung

By Order,

Sd/-

(P.K.Pradhan, IAS)

Secretary,


Govt. of Sikkim, (Gangtok)

_______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 113 Gangtok, Thursday, July 28,1983.

___________________________________________________________________________________



NOTIFICATION — 6

No. 35(20)RDD/PAN/1982-83/99 A Date 4.6.1983.

In accordance with sub-section 12 of section 3 of the Sikkim Panchayat (Election of Sabhapati,

Up-Sabhapati and Sachiva of Gram Panchayat and Adhakshya and Up-Adhakshya of Zilla Panchayat and manner

of convening meetings) Rules, 1983, the State Government hereby publish the following names of Sabhapati,

Up-Sabhapati, Sachiva and members of different Gram Panchayats of Sikkim (district-wise) for general

information:-

DISTRICT : EAST

____________________________________________________________________________________________

Gram Pan- Name of Gram Panchayat Name of members Designation

chayat Unit

No.

_____________________________________________________________________________________________

1 2 3 4

_____________________________________________________________________________________________

1. West Pendam 1. Smt. Hem Kumari Limbu Sabhapati

2. Shri Karma Lepcha Up-Sabhapati

3. " Dil Bahadur Baniya Sachiva

4. " Padamlall Subedi Member

5. " Pravakar Pokhrel Member

6. " Man Bahadur Majhi Member (Nonimated)

2. Central Pendam 1. Smt. Ganga Devi Sharma Sabhapati

2. Shri Tikalal Sharma Up-Sabhapati

3. " Gopal Prasad Pradhan Sachiva

4. " Achey Bhutia Member

5. " Churamani Dhakal Member

6. " Man Bahadur Silal Member (Nominated)

3. East Pendam 1. Sri Jai Kumar Bhandari Sabhapati

2. " Pempo Bhutia Up-Sabhapati

3. " Santa Bhaadur Tamang Sachiva

4. " Bishnu Kumar Sharma Member

5. " Phauda Singh Tamang Member

6. Susri Sabitri Devi Gurung Member (Nominated)

2

_________________________________________________________________________________________________

1 2 3 4

_________________________________________________________________________________________________

4. Sumin-Lingzey 1. Sri Ari Bahadur Gurung Sabhaparti

2. " Hangu Bhutia Up-Sabhapati

3. " Surjya Man Gurung Sachiva

4. " Dhan Bahadur Chettri Member

5. " Bom Bahadur Chettri Member

6. Smt. Jasmanaya Rai Member (Nominated)

5. Namcheybong 1. Sri Rup Raj Rai Sabhapati

2. " Bir Bahadur Gurung Up-Sabhapati

3. " Man Bahadur Basnet Sachiva

4. " Nima Tsering Lepcha Member

5. Smt. Pahaledong Lepcha Member

6. Pakyong 1. Sri Dawa Tsering Bhutia Sabhapati

2. " Mohan Prasad Dhakal Up-Sabhapati

3. " Pem Namgyal Kazi Sachiva

4. " Krishna Prasad Pradhan Member

5. " Shakaley Subba Member

6. Smt. Victoria Pradhan Member (Nominated)

7. Pacheykhani 1. Sri Shiva Bhakta Sharma Sabhapati

2. " Namgay Bhutia Up-Sabhapati

3. " Surja Kumar Pradhan Sachiva

4. " Som Nath Sharma Member

5. " Thakur Prasad Pyakurel Member

6. " Bhawani Shanker Sharma Member

7. " Keshar Pradhan Member

8. " Dhan Bahadur Sewa Member (Nominated0

9. Smt. Ratna Pradhan Member (Nominated)

8. Aho-Yangtham 1. Sri Rinzing Dorjee Sabhapati

2. " Ganga Ram Sharma Up-Sabhapati

3. " Tse Ten Bhutia Sachiva

4. " Padam Bahadur Subba Member

5. " Tek Bahadur Gurung Member

6. " Man Kumar Basnet Member

7. Smt. Harimaya Ghimirey Member (Nominated)

9. Taza-Amba 1. Sri Bhim Bahadur Misra Sabhapati

2. " Indra Bahadur Chettri Up-Sabhapati

3. Smt. Tila Rupa Sharma Sachiva

4. Sri Chandralall Luitel Member

5. " Chandra Prasad Sharma Member

6. " Ten Tsering Lepcha Member (Nominated)

10. Linkey-Thekabung 1. Sri Chandralall Pokhrel Sabhapati

2. " Desh Bahadur Subba Up-Sabhapati

3. " Rinzing Dorjee Bhutia Sachiva

4. " Shiva Prasad Sharma Member

5. " Lako Bhutia Member

6. " Nandalall Sharma Member

7. Smt. Tulasa Devi Bastola Member (Nominated)

11. Machong 1. Sri Devi Prasad Sharma Sabhapati

2. " Suk Man Darjee Up-Sabhap

3. " C.B. Gurung Sachiva

4. " Harka Bahadur Gurung Member

5. " Sukman Subba Member

3

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1 2 3 4

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12. Latuk-Chochenpheri 1. Sri Gomka Lama Sabhapati

2. " Chagu Bhutia Up-Sabhapati

3. " Zhaker Singh Chettri Sachiva

4. " Ugen Bhutia Member

5. " Kul Bahadur Chettri Member

6. Smt. Goma Kumari Chettri Member (Nominated)

13. Rolep-Lamaten 1. Sri Chiten Ongey Bhutia Sabhapati

2. " Jas Bahadur Rai Up-Sabhapati

3. " Gokulman Gurung Sachiva

4. " Nar Bir Rai Member

5. " Man Bahadur Gurung Member

6. Smt. Nopu Lhamu Bhutia Member (Nominated)

14. Lingtam-Phadamchen 1. Shri Chetim Bhutia Sabhapati

2. " Chenga Sherpa Up-Sabhapati

3. " Sonam Norbu Kazi Savhiva

4. " Gopal Singh Tamang Member

5. " Gatuk Lama Member

6. Smt. Nanda Maya Chettri Member (Nominated)

15. Chujachen 1. Smt. Tej Maya Gurung Sabhapati

2. Sri Lok Bahadur Chettri Up-Sabhapati

3. Smt. Ganga Devi Pradhan Sachiva

4. Sri Mohan Gurung Member

5. " Phurba Sherpa Member

16. Sundunglakha 1. Sri Om Bahadur Gurung Sabhapati

2. " Bir Singh Rai Up-Sabhapati

3. " Prem Bahadur Subba Sachiva

4. " Tularam Sharma Member

5. " Lall Bahadur Member

6. Smt. Man Kumari Gurung Member (Nominated)

17. Premlakha-Subanedara 1. Sri Thendu Sherpa Sabhaparti

2. " Mingma Sherpa Up-Sabhapati

3. " Tikaram Gurung Sachiva

4. " Da Tshering Sherpa Member

5. Smt. Yanzee Sherpa Member

18. Rigu 1. Sri Padamlall Gurung Sabhapati

2. " Bir Bahabur Rai Up-Sabhapati

3. " Chatra Bahardur Gurung Sachiva

4. " Jahar Das Rai Member

5. " Phursumba Sherpa Member

6. Smt. Hem Lata Member (Nominated)

19. Dalepchen 1. Sri Mani Prasad Rai Sabhapati

2. " Lok Bahadur Chettri Up-Sabhapati

3. ” Ganesh Kumar Pradhan Sachiva

4. " Bal Bahadur Gurung Member

5. Smt. Aitey Maya Rai Member

20. Aritar 1. Sri Pinsoom Bhutia Sabhapati

2. " Dal Bahadur Pradhan Up-Sabhapati

3. Smt. Dhakamaya Sharma Sachiva

4. Sri Ganesh Kumar Pradhan Member

5. Smt. Rukmani Devi Pradhan Member

4.

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1 2 3 4

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21. Rhenock-Tarpin 1. Sri. Prem Bahadur Sabahapati

Chhetri

2. " Krishna Kumar Pradhan Up-Sabhapati

3. " Sunder Kumar Newar Sachiva

4. " Budhiman Gurung Member

5. " Pern Tsering Lepcha Member

6. " Narayan Das Pradhan Member

7. Smt. Pempo Bhutia Member

22. Lingzey-Chota Singtam 1. Sri Laya Prasad Mohora Sabhapati

2. " Rabi Dhan Rai Up-Sabhapati

3. Smt.Ratna Rai Sachiva

4. Sri. Tularam Uprety Member

5. " Sancha Bahadur Man- Member

ger

6. " Ten Tshering Lepcha Member

23. Naitam-Nandok 1. Sri Bir Bahadur Chettri Sabhapati

2. " Ran Bahadur Rai Up-Sabhapati

3. " Phurching Lepcha Sachiva

4. " Gno Dorjee Bhutia Member

5. Smt. Tika Maya Chetttri Member

24. Tathangchen 1. Sri Lopsang Bhutia Sabhapati

2. Smt. Dorjee Uden Bhutia Up-Sabhapati

3. Sri Kami Lama Sachiva

4. " Lakpa Sherpa Member

5. Sri P. B. Subba Member

25. Syari-Samdur 1. Sri Mohanlall Chettri Sabhapati

2. " Ashok Kumar Up-Sabhapati

3. " Krishan Bahadur Sachiva

Gurung

4. " Padam Bahadur Member

Chettri

5. Smt. Rish Manda Pradhan Member

6. Sri Chumpet Lepcha Member (Nominated)

26. Suchagang 1. Sri. Man Bahadur Cintury Sabhapati

2. " Bhakta Bahadur Up-Sabhapati

Pradhan

3. " Tej Bahadur Subba Sachiva

4. " Dal Bahadur Rai Member

5. " Nari Lepcha Member

6. Smt. Hem Kumari Sharma Member (Nominated)

27. Luing-Perbing 1. Sri. Damber Bahadur Sabhapati

Karki

2. " Lok Bahadur Dahal Up-Sabhapati

3. " Bhawani Prasad Sachiva

Pandey

4. " Tsewang Bhutia Member

5. " Krishnalall Bahun Member

6. Smt. Nimkit Bhutia Member (Nminated)

28. Ranka 1. Sri. Padam Bahadur Thapa Sabhapati

2. " Devi Prasad Kharel Up-Sabhapati

3. " Kinga Rinchen Bhutia Sachiva

4. " Raj Dhan Rai Member(Nominated)

5. " Bhim Bahadur Rai Member(Nominated)

5

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29. Rhe-Mendu 1. Sri. Targi Lepcha Sabhapati

2. " Dukda Lepcha Up-Sabhapati

3. " Ongdup Lepca Sachiva

4. " Karma Tsering Member

5. " Tenduk Lepcha Member

6. Smt. Leguk Lepcha Member (Nominated)

30. Rumtek 1. Sri. Kewal Prasad Sharma Sabhapati

2. " Topden Bhutia Up-Sabhapati

3. " Ram Prasad Uprety Sachiva

4. " Shiva Prasad Nepal Member

5. " Indra Bahadur Khattri Member

6. Smt. Phulmaya Pradhan Member (Nominated)

31. Samlik-Marchak 1. Sri. Padam Bahadur Thapa Sabhapati

2. " Parsuram Rai Up-Sabhapati

3. " Kancha Nagey Sachiva

4. Smt. Tika Maya Chettri Member

5. Sri. Namgey Lepcha Member

6. Sri. Saruney Darnal Member (Nominated)

32. Namli 1. Sri. Budhi Dal Subba Sabhapati

2. " Laxuman Subba Up-Sabhapati

3. " Kharga Bahadur Rai Sachiva

4. " Pempa Bhutia Member

5. " Dal Bahadur Chettri Member

6. Smt. Manmaya Rai Member (Nominated)

33. Martam 1. Sri. Thanga Akhey Bhutia Sabhapati

2. " GenTsering Bhutia Up-Sabhapati

3. " Lall Bahadur Chettri Sachiva

4. " Devi Bhakta Poudyal Member

5. " Mahananda Oli Member

6. Smt. Ran Maya Chettri Member (Nominated)

34. Rapadang-Tsalmathang 1. Sri. Bhagi Samser Lama Sabhapati

2. " Kul Bahadur Gurung Up-Sabhapati

3. " Bal Bahadur Thapa Sachiva

4. " Nim Tsering Lepcha Member

5. " Takpa Dorjee Tamang Member

6. " Man Bahadur Sunar Mernber (Nominated)

7. Smt. Soma Tamang Member (Nominated)

35. Byang-Pegyong 1. Sri. Pem Wangdup Namapa Sabhapati

2. " Phuchung Bhutia Up-Sabhapati

3. " Keshab Pradhan Sachiva

4. " Norbu Tsering Lepcha Member

5. " Sonam Dadul Member

6. " Tikaram Lamchaney Member (Nominated)

7. Smt. Swaraswathi Devi Member (Nominated)

Chettri

36. Khamdong 1. Sri. Norbu Tsering Bhutia Sabhati

2. " Tilochan Lamichaney Up-Sabhapati

3. " Jit Bahadur Rai Sachiva

4. " Karna Bahadur Rai Member

5. " Tempo Bhutia Member

6. Smt. Pemti Tamang Mmber(Nominated)

6

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1 2 3 4

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37. Dung-Dung Aritar. 1. Sri. Bagbir Pradhan Sabhapati

2. " Pancha Kumar Rai Up-Sabhapati

3. " Pushpalal Khatiwada Sachiva

4. " Loden Tshering Lepcha Member

5. " Dilli Ram Chettri Member

6. Smt. Tshering Phuti Bhutia Member(Nominated)

38. Simik-Lingzey 1. Sri. Shree Prasad Sharma Sabhapati

2. " Ugen Tsering Lasopa Up-Sabhapati

3. " Kesang Ladingpa Saciva

4. " Sherap Dorjee Lepcha Member

5. " Bhakti Prasad Sharma Member

6. Smt. Meena Kumari Member(Nominated)

39. Tumin 1. Sri. Sonam Pintso Bhutia Sabhapat

2. " Krishana Prasad Nepal Up-Sabhapati

3. " Shiva Pradsad Nepal Sachiva

4. " Shyamalall Luitel Member

5. " Devicharan Dagal Member

6. Smt. Januka Devi Luitel Member(Nominated)

40. Samdong-Kambel 1. Sri. Balwan Singh Chettri Sabhapati

2. " Chetram Khatiwada Up-Sabhapati

3. " Laxuman Nepal Sachiva

4. " Pralad Nath Batarai Member

5. " Sharmananda Koirala Member

6. " Sonam Tashi Member (Nominated)

7. Smt. Monmaja Rai Member(Nominated)

41. Rakdong 1. Sri. Purna Bahadur Chettri Sabhapati

2. " Pema Tsering Lepcha Up-Sabhapati

3. " Jeewan Pradeep Rai Sachiva

4. " Rudra Prasad Ojha Member

5. " Nar Bahadru Rai Member

6. Sushri Sukmaya Manger Member(Nominated)

42. Lingdok 1. Sri. Ugen Tsering Bhutta Sabhapati

2. " Pasupati Ojha Up-Sabhapati

3. " Kharga Bahadur Karki Sachiva

4. " Karma Tsering Lepcha Member

5. " Sonam Pintso Member

6. Smt. Lhamu Bhutia Member

43. Penlong 1. Sri. Sakya Lepcha Sabhapti

2. " Gogay Bhutia . Up-S bhapati

3. " Tashi Bhutia Sachiva

4. " Chulla Lepcha Member

5. " Karma Chultim Member

6. Smt. Yishey Lhamu Member (Nominated)

44. Gnathang 1. Sri. Tshering Thonden Sabhapati

2. Smt Tshewang Yangki Up-Sahhapati

3. Sri, Ongay Sherpa Sachiva

4. " Kami Tshering Member

5. " Tshering Bhutia Member

7

DISTRICT : WEST

Gram Pan- Name of Gram Panchayat Name of member Designation

chayat Unit

No.

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1 2 3 4

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1. Karchi 1. Sri. Dhan Bahadur Subba Sabhapati

2. " Nak Tshering Lepcha Up-Sabhapati

3. " Tep Tshering Bhutia Sachiva

4. " Kulman Gurung Member

5. " Til Bahadur Manger Member

6. " Kesar Bahadur Manger Member

7. Smt. Mattimaya Member (Nominated)

2. Kongri-Gangyap 1. Sri. Talley Gurung Sabhapati

2. " Sonam Pintso Lepcha Up-Sabhapati

3. " Ley Tshering Lepcha Sachiva

4. " Santa Bahadur Gurung Member

5. " Phurgay Lepcha Member

6. " Layzang Lepcha Member

7. Smt. Jogmaya Gurungni Member (Nominated)

3. Tashiding 1. Sri. Bal Bahadur Chettri Sabhapati

2. " Tashi Bhutia Up-Sabhapati

3. " Gyan Bahadur Chettri Savchiva

4. " Bal Bahadur Rai Member

5. " Tashi Tshering Lepcha Member

6. " Phurgay Bhutia Member

7. Smt. Tshering Phuti Member (Nominated)

4. Gerethang 1. Sri. Man Bahadur Dahal Sabhapati

2. " Tikaram Luitel Up-Sabhapati

3. " Kaman Singh Subba Sachiva

4. " Buddhiman Lepcha Member

5. " Man Bahadur Subba Member

6. Smt. Phool Maya Subba Member (Nominated)

5. Yoksam 1. Sri. Pema Wangchuk Sabhapati

Bhutia

2. " Shivalal Chettri Up-Sabhapati

3. " Hernial Limbu Sachiva

4. " Kuwa Singh Limboo Member

5. " Balman Subba Member

6. " Sanchbir Subba Member

7. Sushri Pavitra Gurung Member (Nominated)

6. Thingling 1. Sri Man Bahadur Limbu Sabhapati

2. Sri Dhanbir Rai Up-Sabhapati

3. Sri Pencilling Bhutia Sachiva

4. Sri Balman Subba Membar

5. Sri Shaman Subba Member

6. Smt. Pyari Limbuni Member (Nominated)

7. Melli 1. Sri Naksuk Bhutia Sabhapati

2. Sri Nidup Lepcha Up-Sabhapati

3. Sri Jitman Rai Sachiva

4. Sri Samdup Member

5. Sri Sukman Rai Member

6. Sri Batso Lepcha Member

7. Smt Sonamki Bhutia Member (Nominated)

8

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1 2 3 4

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8. Singrangpong 1. Sri Pancha Bahadur Rai Sabhapati

2. Sri Sanchabir Limbu Up-Sabhapati

3. Sri Ujelman Subba Sachiva

4. Sri Pern Tshering Lepcha Member

5. Sri Kipa Bhutia Member

6. Sri Sukbir Rai Member

7. Smt. Bhaktimaya Subba Member (Nominated)

9. Darap 1. Sri Pern Dorji Bhutia Sabhapati

2. Sri Damber Singh Subba Up-Sabhapati

3. Sri Sukhang Subba Sachiva

4. Sri Sukdhan Subba Member

5. Sri Chandra Das Member

6. Smt. Sukmaya Subba Member (Nominated)

10. Singyang 1. Sri Sonam Tshering Sabhapati

2. Sri Karki Bhutia Up-Sabhapati

3. Sri Lobzang Norbu Sachiva

4. Sri Dharma Singh Member

5. Sri Sonam Wangyal Member

6. Sushri Chumsey Bhutia Member (Nominated)

11. Naku-Chumbong 1. Sri Sangey Dorji Bhutia Sabhapati

2. Sri Padamlal Gurung Up-Sabhapati

3. Sri Bhaim Bahadur Chettri Sachiva

4. Sri Ugyen Tenzing Member

5. Sri Sukman Limbu Member

6. Smt. Puspa Kumari Kharka Member (Nominated)

12. Yangtey 1. Sri Hari Prasad Khatiwada Sabhapati

2. Sri Aitaraj Limbu Up-Sabhapati

3. Sri Rinzing Wangyal Sachiva

4. Sri Lobzang Wangyal Member

5. Sri Durgabir Subba Member

6. Smt. Harimaya Sharma Member(Nominated)

13. Geyzing-Omchung 1. Sri Karma Tenzing Shangdarpa Sabhapati

2. Sri Ganga Prasad Sharma Up-Sabhapati

3. Sri Chatra Bahadur Katwal Sachiva

4. Sri Shanta Bahadur Pradhan Member

5. Sri Bhagirath Sharma Member

6. Sri Dil Bahadur Darjee Member (Nominated)

7. Smt. Dichen Palden Member (Nominated)

14. Tikjek-Yangthang 1. Sri Dawa Norbu Takarpa Sabhapati

2. Sri Pern Namgyal Bhutia Up-Sabhapati

3. Sri Kesar Bahadur Subedi Sachiva

4. Sri Degay Bhutia Member

5. Sri Inder Bahadur Chettri Member

6. Sri Aitaraj Limbu Member

7. Sri Birkha Bahadur Limbu Member

8. Smt. Yangchen Bhutia Member (Nominated)

15. Lingchom 1. Sri Balaram Bahun Sabhapati

2. Sri Kharkabahadur Subba Up-Sahhapati

3. Sri Motilal Gurung Sachiva

4. Sri Gaghar Bahadur Gurung Member

5. Sri Kharlakal Limbu Member

6. Smt. Puspa Devi Tamang Member(Nominated)

9

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1 2 3 4

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16. Bongten 1. Sri Krishana Bahadur Gurung Sabhapati

2. Sri Loknath Bahun Up-Sabhapati

3. Sri Man Bahadur Subba Sachiva

4. Sri Nir Bahadur Chettri Member

5. Sri Samten Lepcha Member

6. Sri Harka Bahadur Darjee Member (Nominated)

7. Smt. Nim Lamu Bhutia Member (Nominated)

17.Gyaten-Karmater 1. Sri Lhendup Lephca Sabhapati

2. Sri Dal Bahadur Bista Up-Sabhapati

3. Sri Premlal Chettri Sachiva

4. Sri Sonam Tshering Lepcha Member

5. Sri Nar Bahadur Katwal Member

6. Smt. Harka Maya Subba Member (Nominated)

18. Maneybong-Sopakha 1. Sri Dalsingh Subba Sabhapati

2. Sri Akal Bahadur Gurung Up-Sabhapati

3. Sri Ganga Prasad Subba Sachiva

4. Sri Dalram Subba Member

5. Sri Til Bahadur Subba Member

6. Smt Gazurmaya Subba Member (Nominated)

19. Dentam 1. Sri Damber Singh Gurung Sabhapati

2. Sri Tenzang Lepcha Up-Sabhapati

3. Sri Bishu Prasad Gurung Sachiva

4. Sri Nar Bahadur Gurung Member

5. Sri Chuden Lepcha Member

6. Sri Krishna Chandra Pradhan Member

7. Smt. Tara Gurung Member (Nominated)

20. Sankhu 1. Sri Kedar Jung Basnett Sabhapati

2. Sri Ratna Bahadur Limbu Up-Sabhapati

3. Sri Punya Prasad Sharma Sachiva

4. Sri Nardhoj Limbu Member

5. Sri Chandra Bahadur Chettri Member

6. Sri Narayan Basnet Member

7. Sri Prem Singh Lepcha Member (Nominated)

8. Smt. Nainakala Sharma Member (Nominated)

21. Hee 1. Sri Dhan Prasad Subba Sabhapati

2. Sri Lha Tshering Bhutia Up-Sabhapati

3. Sri Jug Bahadur Chettri Sachiva

4. Sri Chabinath Chettri Member

5. Sri Duma Prasad Pradhan Member

6. Sri Til Bahadur Chettri Member

7. Smt. Devimaya Chettri Member (Nominated)

22. Bermiok-Martam 1. Sri Amber Bahadur Kharga Sabhapati

2. Sri Mon Bahadur Subba Up-Sabhapati

3. Sri Dal Bahadur Gurung Sachiva

4. Sri Purna Bahadur Chettri Member

5. Sri Indra Bahadur Kharga Member

6. Sri Kharananda Sharma Member

7. Sri Phurpa Tshering Member (Nominated)

8. Smt. Dhanmaya Subba Member (Nominated)

23. Rinchenpong 1. Sri Indra Bahadur Gurung Sabhapati

2. Smt. Karma Uden Bhutia Up-Sabhapati

3. Sri Dhan Bahadur Rai Sachiva

4. Sri Topden Dorjee Lepcha Member

5. Sri Homnath Bhahun Member

6. Sri Krishna Bahadur Gurung Member

10.

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1 2 3 4

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24. Berfok

25. Chingthang

26. Sangdorji

27. Boom-Reshi

28. Samdong

29. Deythang

30. Takuthang

31. Suldong-Kamling

32. Mabong-Sigeng

1. Sri Nanda Kumar Rai Sabhapati

2. Sri Padam Lal Chettri Up-Sabhapati

3. Sri Loknath Sharma Sachiva

4. Sri Mohandas Gurung Member

5. Sri Ash Bahadur Limbu Member

6. Sri Bholanath Sharma Member

7. Smt. Padam Maya Gurung Member (Nominated)

1. Sri Ravi Chandra Rai Sabhapati

2. Sri Nardhoj Subba Up-Sabhapati

3. Sri Sukram Subba Sachiva

4. Sri Nandalal Rai Member

5. Sri Dal Bahadur Rai Member

6. Sri Pemba Lepcha Member

7. Smt. Ratan Kumari Rai Member (Nominated)

1. Sri Devilal Chettri Sabhapati

2. Sri Man Bahadur Gurung Up-Sabhapati

3. Sri Harka Bahadur Gurung Sachiva

4. Sri Bhim Bahadur Tamang Member

5. Sri Pintso Lepcha Member

6. Smt. Dawden Lepch Member (Nominated)

1. Sri Loden Bhutia Sabhapati

2. Sri Dechen Lepcha Up-Sabhapati

3. Sri Dambersingh Gurung Sachiva

4. Sri Sanchabir Subba Member

5. Sri Phurba Tshering Lepcha Member

6. Smt. Maita Rani Rai Member(Nominated)

1. Sri Ash Bahadur Subba Sabhapati

2. Sri Ben Kumar Gurung Up-Sabhapati

3. Sri Gel Bahadur Subba Sachiva

4. Sri Harkadhoj Subba Member

5. Sri Mansingh Limbu Member

6. Sri Raiman Lepcha Member

7. Smt. Pemphuti Bhutia Member (Nominated)

1. Sri Dhanbir Rai Sabhapati

2. Sri Nim Tshering Bhutia Up-Sabhapati

3. Sri Imlal Sharna Sachiva

4. Sri Lason Bhutia Member

5. Sri Buddhiraj Rai Member

6. Smt. Sedem Bhutia Member (Nominated)

1. Smt. Monmaya Rana Sabhapati

2. Sri Krishna Bahadur Dong Up-Sabhapati

3. Sri Ratna Bahadur Dong Sachiva

4. Sri Nimcey Bhutia Member

5. Sri Manibir Rai Member

1. Sri Pratapsingh Rai Sabhapati

2. Sri Buddhasingh Tamang Up-Sabhapati

3. Sri Nar Bahadur Chettri Sachiva

4. Sri Bir Bahadur Tamang Member

5. Sri Piben Manger Member

6. Smt. Bina Devi Chettri Member(Nominated)

1. Sri Syam Kumar Rai Sabhapati

2. Sri Jamuna Prasad Rai Up-Sabhapati

3. Sri Tikaram Rai Sachiva

4. Sri Bharat Singh Rai Member

5. Sri Budhiman Tamang Member

6. Smt. Gangamaya Rai Member(Nominated)

11

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1 2 3 4

_______________________________________________________________________________________________ 33. Khanisirbong 1. Sri Ran Bahadur Rana Sabhapati

2. Sri Bhim Bhadur Rai Up-Sabhapati

3. Sri Dhanbir Subba Sachiva

4. Sri Tikaram Manger Member

5. Sri Budhiraj Rai Member

6. Smt. Nainamaya Manger Member (Nominated)

34. Samsing-Gelling 1. Sri Govind Prasad Tiwari Sabhapati

2. Sri Garjaman Rai Up-Sabhapati

3. Sri Ongchu Lepcha Sachiva

4. Sri Laxuman Sharma Member

5. Sri Prem Kumar Chettri Member

6. Smt. Sabitri Rai Member (Nominated)

35. Chota Samdong 1. Sri Dhanman Limbu Sabhapati

2. Sri Man Bhadur Tamang Up-Sabhapati

3. Sri Deo Bahadur Tamang Sachiva

4. Sri Kaluman Limbu Member

5. Sri Megbir Limbu Member

6. Smt. Sanchi Limbu Member (Nominated)

36. Chakung 1. Sri Ram Bahadur Gurung Sabhapati

2. " Budhiman Darjee Up-Sabhapati

3. " Ramesh Kumar Pradhan Sachiva

4. " Kamal Singh Tamang Member

5. " Sidhi Kumar Tamang Member

6. " Chandra Bahadur Mukhia Member

7. " Thendup Tshering Lepcha Member (Nominated)

8. Smt. Lila Devi Gurung Member (Nominated)

37. Chumbong 1. Sri Rastaman Rai Sabhapati

2. " Pratap Singh Rai Up-Sabhapati

3. " Jagat Bahadur Rai Sachiva

4. " Kul Bahadur Rai Member

5 " Lhendup Tshering Bhutia Member

6. " Dal Bahadur Rai Member

7. '' Pritha Bahadur Rai Member

8. Smt. Moti Rai Member (Nominated)

38. Malbasey 1. Sri Chitra Kumar Chettri Sabhapati

2. '' Gangadhar Khatri Up-Sabhapati

3. " Chandra Bahadur Rai Sachiva

4. " Durgadhan Rai Member

5. " Karna Bahadur Rai Member

6. Smt. Ranmaya Gurung Member (Nominated)

39. Soreng 1. Sri Chandra Bahadur Tamang Sabhapati

2. " Man Bahadur Chettri Up-Sabhapati

3. " Bharat Singh Tamang Sachiva

4. " Kalu Singh Limbu Member

5. " Khusendra Prasad Thapa Member

6. Smt. Pavitra Maya Yonzon Member (Nominated)

40. Singling 1. Sri Sher Bahadur Subba Sabhapati

2. " Daney Bhutia Up-Sabhapati

3. " Ram Bahadur Tamang Sachiva

4. " Dhan Bahadur Tamang Member

5. " Dal Bahadur Tamang Member

6. Smt.Dawa Lhamu Tamang Member (Nominated)

41. Timberbong. 1. Sri Dharmadutta Sharma Sabhapati

2. Sri Purna Bahadur Subba Up-Sabhapati

3. Sri Chit Bahadur Chettri Sachiva

4. Sri Girba Singh Karki Member

5. Sri Bhagiman Limbu Member

6. Smt. Krishna Maya Limbu Member(Nominated)

12

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1 2 3 4

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42. Dodak-Burikhop 1. Sri Lhakpa Tshering Sherpa Sabhapati

2. Sri Bhim Bahadur Chettri Up-Sabhapati

3. Sri Deo Kumar Guurng Sachiva

4. Sri Kuldip Gurung Member

5. Sri Ransing Limbu Member

6. Smt. Ranmaya Chettri Member (Nominated)

43. Rumbuk 1. Sri Ilahang Limbu Sabhapati

2. Sri Naharsingh Limbu Up-Sabhapati

3. Sri Homnath Sharma Sachiva

4. Sri Jit Bahadur Lepcha Member

5. Sri Janga Bahadur Chettri Member

6. Smt. Sumit Lepcha Member (Nominated)

44. Upper-Thambong 1. Sri Maita Bahadur Subba Sabhapati

2. Sri Da Norbu Sherpa Up-Sabhapati

3. Smt. Sunita Pradhan Sachiva

4. Sri Bir Bahadur Gadaily Member

5. Sri Dal Bahadur Pradhan Member

45. Lower Thambong 1. Sri Bhadur Subba Sabhapati

2. Sri Jasney Subba Up-Sabhapati

3. Sri Dhan Bahadur Newar Sachiva

4. Sri Dhanbir Subba Member

5. Sri Durga Prasad Chetrri Member

6. Smt. Pavitra Chettri Member(Nominated)

46. Lungchok-Salyangdang 1. Sri Lilaram Chettri Sabhapati

2. Sri Inderlal Sharma Up-Sabhapati

3. Sri Nar Bhadur Subba Sachiva

4. Sri Damber Singg Subba Member

5. Sri Kul Bahadur Chettri Member

6. Smt. Purna Kumari Chettri Member (Nominated)

47. Siktam-Tikpur 1. Sri Mainalal Rai Sabhapati

2. Sri Dakpa Dorji Sherpa Up-Sabhapati

3. Sri Harka Bahadur Rai Sachiva

4. Sri Durga Prasad Rai Member

5. Sri Ratna Bahadur Bhattarai Member

6. Smt. Lila Devi Chettri Member(Nominated)

48. Okhray 1. Sri Noori Sherpa Sabhapati

2. Sri Pern Norbu Sherpa Up-Sabhapati

3. Sri Rita Sherpa Sachiva

4. Smt. Parvati Gurung Member

5. Sri Dorji Sherpa Member

6. Sri Na Temba Sherpa Member

_____________________________________________________________________________________________

District North

1 Tung-Naga 1. Sri SonamChyoda Lepcaha Sabhapati

2. Sri Dukchu Lepch Up-Sabhapa

3. Sri Chewg Dorje Lepcha Sachiva

4. Sri Phuu Lepcha Member

5. Sri GyamLepcha Member

6. Sm. Norjey Lepcha Member (Nominated)

2. Ship-Gyer (Ramm) 1. Sri Topgay Lepcha Sabhapati

2. Sri Namtyat Lepcha Up-Sabhapati

3. Sri Lhendup Lepcha Sachiva

4. Sri Kunchung Lepcha Member

5. Sri Tshering Thendup Member

6. Smt. Nimkit Lepcha Member(Nominated)

13

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1 2 3 4

_______________________________________________________________________________________________

3. Ringhim-Nampatam 1. Sri Jonathan Lepcha Sabhapati

2. Sri Mon Bhaadur Tamang Up-Sabhapati

3. Sri Sonam Tshering Bhutia Sachiva

4. Sri Tashi Lepcha Member

5. Sri Lal Bahadur Tamang Member

6. Sri Phigu Tshering Lepcha Member

7. Sri Naksuk Lepcha Member

8. Smt. Diki Dadhul Member (Nominated)

4. Berfok-Lingdong 1. Sri Lhazang Lepcha Sabhapati

2. Sri Cham Lapcha Up-Sabhapti

3. Sri Mikmar Lepcha Sachiva


5. Sri Chidup Lepcha Member

6. Smt. Chaymu Lepcha Member (Nominated)

5. Lingthem-Lingdem 1. Sri Lhendup Tshering Lepcha Sabhapati

2. Sri Chidup Lepcha Up-Sabhapati

3. Sri Chuden Lepcha Sachiva

4. Sri Tibu Lepcha Member

5. Sri Tshering Lepcha Member

6. Smt. Chugmu Lepcha Member (Nominated)

6. Tingvong 1. Sri Loden Tshering Lepcha Sabhapati

2. Sri Yangching Lepcha Up-Sabhapati

3. Sri Sanchok Lepcha Sachiva

4. Sri Tshering Thendup Lepcha Member

5. Sri Dikthop Lepcha Member

6. Smt. Kudue Lepcha Member (Nominated)

7. Sakyong-Pentong 1. Sri Dagat Lepcha Sabhapati

2. Sri Sonam Lepcha Up-Sabhapati

3. Sri Dekchung Lepcha Sachiva

4. Sri Jeebu Lepcha Member

5. Sri Gorok Lepcha Member

6. Smt. Lhakit Lepcha Member (Nominated)

8. Lum-Gor-Sangtok 1. Sri Norbu Lepcha Sabhapati

2. Sri Tashi Lepcha Up-Sqbhapati

3. Sri Karsong Lepcha Sachiva

4. Sri Chunning Lepcha Member

5. Sri Angi Lepcha Member

6. Smt. Yaden Doma Lepcha Member (Nominated)

9. Hee-Gyathang 1. Sri Pechung Lepcha Sabhapati

2. Sri Norphey Lepcha Up-Sabhapati

3. Sri Gyatso Lepcha Sachiva

4. Sri Dida Lepcha Member

5. Sri Ongley Lepcha Member

6. Smt. Songmit Lepcha Member (Nominated)

10. Chungthang 1. Sri Tasa Tengay Lepcha Sabhapati

2. Sri Tenzing Lepcha Up-Sabhapati

3. Sri Chuden Lepcha Sachiva

4. Sri Tenzing Lepcha Member

5. Sri Dawa Tshering Lepcha Member

6. Smt. Chungki Lepcha Member (Nominated)

11. Namok-Sayem 1. Sri Jamyang Bhutia Sabhapti

2. Sri Penzi Lepcha Up-Sabhapati

3. Sri Chultim Lepcha Sachiva

4. Sri Kami Bhutia Member

5. Sri Tenyot Lepcha Member

6. Smt. Karzang Bhutia Member(Nominated)

14

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1 2 3 4

_______________________________________________________________________________________________

12. Tingchim-Mangshila 1. Sri Nar Prasad Limbu Sabhapati

2. Sri Nopen Bhutia Up-Sabhapati

3. Sri Dil Bahadur Limbu Sachiva

4. Sri Dilli Ram Limbu Member

5. Sri Kyakchin Bhutia Member

6. Smt. Lachimaya Limbu Member (Nominated)

13. Ramthang-Rongong 1. Sri Nima Kazi Sabhapati

2. Sri Namgay Bhutia Up-Sabhapati

3. Sri Chewang Rinzing Bhutia Sachiva

4. Sri Khipgyu Bhutia Member

5. Sri Topden Bhutia Member

6. Smt. Chumki Bhutia Member (Nominated)

14. Phensang 1. Sri Rinzing Ongyal Sabhapati

2. Sri Tencho Lepcha Up-Sabhapati

3. Sri Atop Tshering Sachiva

4. Sri Nadu Bhutia Member

5. Sri Chung Chung Member

6. Smt. Uden Lepcha Member (Nominated)

15. Menrongong 1. Sri Ong Tshering Lepcha Sabhapati

2. Sri Tempa Lepcha Up-Sabhapati

3. Sri Rinzing Lepcha Sachiva

4. Sri Sonam Tshering Lepcha Member

5. Sri Azong Lepcha Member

6. Smt. Kaku Lepcha Member (Nominated)

16. Kabi-Tingda 1. Sri Kalzang Gyatso Sabhapati

2. Sri Pichi Bhutia Up-Sabhapati

3. Sri Rinzing Sherpa Sachiva

4. Sri Lhazang Bhutia Member

5. Sri Khedup Bhutia Member

6. Smt. Nima Lhamu Sherpa Member (Nominated)

_______________________________________________________________________________________________

District: South

1. Lingi-Paiyong 1. Sri Ram Prasad Dhakal Sabhapati

2. Sri Sonam Tshering Lepcha Up-Sabhapati

3. Sri Laximinarayan Khanal Sachiva

4. Sri Padam Singh Katuwal Member

5. Sri Bom Bahadur Rai Member

6. Sri Tenzang Lepcha Member

7. Smt. Jasoda Koirala Member (Nominated)

2. Lingmo-Tokday 1. Sri Kulbir Chettri Sabhapati

2. Sri Sri Sarki Lepcha Up-Sabhapati

3. Sri Shanti Kumar Basnet Sachiva

4. Sri Lhendup Lepcha Member

5. Sri Bhuwan Singh Kharka Member

6. Smt. Lachimaya Karki Member (Nominated)

3. Niya-Brum 1. Sri Tilak Chand Sharma Sabhapati

2. Sri Teknath Sharma Up-Sabhapti

3. Sri Sarbajit Gurung Sachiva

4. Sri Balaram Chettri Member


6. Smt. Tilaupa Thapa Member(Nominated)

15

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1 2 3 4

_______________________________________________________________________________________________

4. Yangang 1. Sri Pawan Chamling Sabhapati

2. Sri Sonam Topgayal Gyaltsen Up-Sabhapati

3. Sri Lal Bahadur Basent Sachiva

4. Sri Tekman Gurung Member


6. Sri Tshering Dadhul Member

7. Smt. Thulimaya Gurung Member (Nominated)

5. Sripatam-Namphok 1. Sri Mahananda Dhakal Sabhapati

2. Sri Kaziman Rai Up-Sabhapati

3. Sri Prakash Chandra Subba Sachiva

4. Sri Dilman Rai Member

5. Sri Kul Bahadur Limbu Member

6. Smt. Dhanmaya Rai Member (Nominated)

6. Ravang-Sangmo 1. Sri Topden Namchenkopa Sabhapati

2. Sri Dawa Phurba Sherpa Up-Sabhapati

3. Sri Purna Bahadur Basnet Sachiva

4. Sri Buddhiman Rai Member

5. Sri Buddhiman Rai Member

6. Smt, Diki Peden Member (Nominated)

7. Berfung-Zarong 1. Sri Janga Bahadur Rai Sabhapati

2. Sri Tekbir Rai Up-Sabhapati

3. Sri Ruplal Gurung Sachiva

4. Sri Pema Wangchuk Bhutia Member

5. Sri Tika Chandra Rai Member

6. Smt. Puspa Darjee Member (Nominated)

8. Ben-Namprick 1. Sri Sonam Gyatso Kaleon Sabhapati

2. Sri Dhan Bahadur Chettri Up-Sabhapati

3. Sri Chung Tshering Bhutia Sachiva

4. Sri Dirga Singh Roka Member

5. Sri Tikaram Chettri Member

6. Smt. Dorjila Namgyal Member (Nominated)

9. Tarku-Tanak 1. Sri Mon Bahadur Tewari Sabhapati

2. Sri Birkha Bahadur Chettri Up-Sabhapati

3. Sri Dilli Bahadur Bania Sachiva

4. Sri Shasidar Sharma Member

5. Sri Dhan Bahadur Darjee Member

6. Smt. Krishnakala Tewari Member (Nominated)

10. Temi 1. Sri Lilaram Poudyal Sabhapati

2. Sri Bhim Bahadur Poudyal Up-Sabhapati

3. Sri Tanka Narayan Pradhan Sachiva

4. Sri Jagat Bhadur Chettri Member

5. Sri Phursai Sherpa Member

6. Smt. Passi Sherpa Member (Nominated)

11. Namphing-Tokal 1. Sri Hari Krishna Sharma Sabhapati

2. Sri Deo Narayan Tamang Up-Sabhapati

3. Sri Jagat Bahadur Subba Sachiva

4. Sri Kharka Bahadur Chettri Member

5. Sri Indra Prasad Sharma Member

6. Smt. Diki Lhamu Member (Nominated)

12. Bermiok 1. Sri Ongda Lepcha Sabhapati

2. Sri Jit Bahadur Gurung Up-Sabhapati

3. Sri Nima Tenzing Sherpa Sachiva

4. Sri Bhawani Shankar Member

5. Sri Karma Ugyen Bhutia Member

6. Smt. Ratna Bhai Chettri Member(Nominated)

16

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1 2 3 4

_________________________________________________________________________________________________

13. Rameng-Nizrameng 1. Sri Mahendra Gurung Sabhapati

2. Sri Birkha Bahadur Sunar Up-Sabhapati

3. Sri Gopal Das Chettri Sachiva

4. Sri Bal Bahadur Gurung Member

5. Sri Tamar Tshering Lepcha Member

6. Smt. Kumari Gurung Member (Nominated)

14. Perbing 1. Sri Harka Bahadur Gurung Sabhapati

2. Sri Bhim Bahadur Gurung Up-Sabhapati

3. Sri Da Tshering Sherpa Sachiva

4. Sri Mingma Dorjee Sherpa Member

5. Sri Rabi Chandra Chettri Member

6. Smt. Manuka Devi Chettri Member (Nominated)

15. Karek-Kabrey 1. Sri Pern Tshering Lepcha Sabhapati

2. Sri Dal Bahadur Rai Up-Sabhapati

3. Sri Furzang Lepcha Sachiva

4. Sri Sher Bahadur Chettri Member

5. Sri Parsuram Pradhan Member

6. Smt. Phulmati Limbu Member (Nominated)

16. Nagi-Maneydara 1. Sri Devendra Dahal Sabhapati

2. Sri Purna Bahadur Tamang Up-Sabhapati

3. Sri Dorjee Tamang Sachiva

4. Sri Bir Bahadur Chettri Member

5. Sri Dhanpati Chalisay Member

6. Sri Sonam Lepcha Member (Nominated)

7. Smt. Devimaya Dahal Member (Nominated0

17. Pamphok 1. Sri Prithilal Rai Sabhapati

2. Smt. Aitarani Subba Up-Sabhapati

3. Sri Kabi Prakash Nirola Sachiva

4. Sri Billey Tamang Member

5. Sri Lalbir Bomzan Member

6. Sri Til Bahadur Tamang Member

18. Tuning 1. Sri Laximi Prasad Kharel Sabhapati

2. Sri Narchok Lepcha Up-Sabhapati

3. Sri Krishna Prasad Silvral Sachiva

4. Sri Moti Bahadur Rai Member

5. Sri Amber Singh Kalden Member

6. Sri Chotur Lepcha Member

7. Smt. Kamala Devi Sharma Member(Nominated)

19. Deleted.

20. Rateypaini 1. Sri Suk Raj Subba Sabhapati

2. Sri Tejman Tamang Up-Sabhapati

3. Sri Tilak Pradhan Sachiva

4. Sri Mani Kumar Rai Member

5. Sri Krishna Bahadur Rai Member

6. Smt. Krishna Maya Rai Member(Nominated)

7. Sri Prem Singh Limbu Member

8. Sri Temba Tshering Lepcha . Member

21. Sadam 1. Sri Dilli Ram Basnet Sabhaapti

2. Sri Syam Das Gurung Up-Sabhapati

3. Sri Bhim Bahadur Gurung Sachiva

4. Sri Jasbir Limbu Member

5. Sri Sher Bahadur Kkarka Member

6. Smt. Purna Maya Gurung Member(Nominated)

17

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1 2 3 4

_______________________________________________________________________________________________

22. Suntoley-Paiyong 1. Sri Deo Narayan Pradhan Sabhapati

2. Sri Prem Tshering Lepcha Up-Sabhapati

3. Sri Meg Bahadur Sutar Sachiva

4. Sri Prem Bahadur Tamang Member

5. Sri Bhuwan Singh Khulal Member

6. Smt. Swaraswati Sharma Member (Nominated)

23. Mellidara 1. Sri Chandra Jyoti Pradhan Sabhapati

2. Sri Tenzing Bhutia Up-Sabhapati

3. Sri Mon Bahadur Tamang Sachiva

4. Sri Gokul Rai Member

5. Sri Santabir Tamang Member

6. Sri Krishna Kumar Member

7. Smt. Chandra Pradhan Member (Nominated)

24. Turuk-Ramabong 1. Sri Lal Das Rai Sabhapati

2. Sri Nandalal Manger Up-Sabhapati

3. Sri Gauriraj Pradhan Sachiva

4. Sri Pahalman Rai Member

5. Sri Bhim Singh Pradhan Member

6. Smt. Khargi Maya Rai Member (Nominated)

25. Lungchok-Kamerey 1. Sri Ram Bahadur Rai Sabhapati

2. Sri Kharka Bahadur Up-Sabhapati

3. Sri Dhan Man Manger Sachiva

4. Sri Basuk Lepcha Member

5. Sri Dhanraj Chettri Member

6. Smt. Passang Doma Sherpa Member (Nominated)

26. Sumbuk-Kartikey 1. Sri Sailesh Chandra Pradhan. Sabhapati

2. Sri Devi Prasad Pradhan Up-Sabhapati

3. Sri Girish Chandra Sachiva

4. Sri Deo Bahadur Chettri Member

5. Sri Karna Bahadur Rai Member

6. Sri Birkhaman Kami Member (Nominated)

7. Smt. Bhagimaya Chettri Member (Nominated)

27. Rong-Bull 1. Sri Buddha Raj Rai Sabhapati

2. Sri Narjit Rai Up-Sabhapati

3. Sri Bhim Narayan Gurung Sachiva

4. Sri Bom Bahadur Gurung Member

5. Sri Man Bahadur Rai Member

6. Smt. Gaumaya Gurung Member (Nominated)

28. Maniram-Phalidara 1. Sri Udai Ram Rai Sabhapati

2. Sri Raj Bir Rai Up-Sabhapati

3. Sri Chandra Bahadur Gurung Sachiva

4. Sri Jas Bahadur Tamang Member

5. Sri Tsogey Bhutia Member

6. Susri Pema Lhaki Sherpa Member (Nominated)

29. Singithang 1. Sri Saharmam Rai Sabhapati

2. Smt. Sumitra Rumba Up-Sabhapati

3. Sri Saurendra Rai Sachiva

4. Sri Manjit Rai Member

5. Sri Bhakta Bahadur Chettri Member

6. Sri Deo Prasad Rai Member

7. Sri Karna Rai Member

18

_________________________________________________________________________________________________

1 2 3 4

_________________________________________________________________________________________________

30. Mamley-Kamrang 1. Sri Bir Bahadur Rai Sabhapati

2. Sri Kabiraj Thapa Up-Sabhapti

3. Sri Bhim Bahadur Rai Sachiva

4. Sri Kharka Bahadur Manger Member

5. Sri Hastaman Rai Member

6. Sri Narman Tamang Member

7. Sri Norden Bhutia Member

8.Smt. Ranmaya Rai Member (Nominated)

31. Assangthang 1. Sri Garjamen Rai Sabhapati

2. Sri Kabirman Thapa Up-Sabhapat

3. Sri Lalbir Chettri Sachiva

4. Sri Ram Prasad Manger Member

5. Sri Tikaram Sharma Member

6. Sri Fak Tshering Lepcha Member (Nominated)

7. Smt. Dhan Maya Chettri Member (Nominated)

32. Salghari 1. Sri Bal Bhadur Rai Sabhapati

2. Sri Dhanpal Tamang Up-Sabhapati

3. Sri Dil Bahadur Rai Sachiva


5. Chabilal Manger Member

6. Smt. Ram Lachi Rai Member (Nominated)

33. Poklok-Denchung 1. Sri Lila Kumar Rai Sabhapati

2. Sri Bom Bagadur Chettri Up-Sabhapati

3. Sri Humaney Rai Sachiva

4. Sri Dirgha Bahadur Subba Member

5. Sri Sher Bahadur Rai Member

6. Smt. Dember Lachi Rai Member (Nominated)

34. Damthang 1. Sri Rinzing Sherpa Sabhapati

2. Sri Pempo Thendup Bhutia Up-Sabhapati

3. Sri Passang Rinzing Sherpa Sachiva

4. Sri Ajitman Rai Member

5. Sri Man Bahadur Rai Member

6. Smt. Sita Rai Member (Nominated)

35. Sorok-Syampani 1. Sri Mon Bahadur Rai Sabhapati

2. Sri Nandalal Sharma Up-Sabhapati

3. Sri Ganga Prasad Subba Sachiva

4. Sri Bhuwani Prasad Pradhan Member

5. Sri Kaziman Rai Member

6. Smt. Chandramaya Rai Member (Nominated)

36. Mikkhola 1. Sri Hastaman Rai Sabhapati

2. Sri Jit Bahadur Tamang Up-Sabhapati

3. Sri Krishna Prasad Sachiva

4. Sri Tilak Kumar Mukhia Member

5. Sri Maniram Rai Member

6. Sri Shivalal Darjee Member (Nominated)

7. Smt. Nim Phuti Lepcha Member (Nominated)

37. Wok-Omchu 1. Sri Birbahadur Thapa Sabhapiti

2. Sri Dhanman Rai Up-Sabhapati

3. Kamtey Tshering Lepcha Sachiva

4. Sri Deoraj Gurung. Member

5. Sri Padam bahadur Rai Member

6. Sri Dup Tshering Lepcha Member

7. Smt. Tummit Lepcha Member(Nominated)

19

______________________________________________________________________________________________

1 2 3 4

______________________________________________________________________________________________

38. Tinkitam-Sanghanath. 1. Sri Narbu Dadul Bhotia Sabhapati

2. Sri Lalbahadur Rai Up-Sabhapati

3. Sri Sonam Topden Bhotia Sachiva

4. Sri Adil Bahadur Rai Member

5. Sri Dhanbahaur Rai Member

6. Smt. Chongmula Bhotia Member (Nominated)

39. Rayong. 1. Sri Dalbahadur Gurung Sabhapati

2. Sri Dalbahaur Chettri Up-Sabhapati

3. Sri Purna Bahadur Limboo Sachiva

4. Sri Narbu Tshering Bhotia Member

5. Sri Dilbahadur Limboo Member

6. Sri Neptey Sherpa Member (Nominated)

7. Smt. Kuntamaya Chettri Member (Nominated)

40. Kewzing-Bakhim. 1. Sri K. Gyatso Kazi Sabhapati

2. Sri Dilbahadur Rai Up-Sabhapati

3. Sri Jagat Bahadur Chettri Sachiva

4. Sri Mingma Sherpa Member

5. Sri Dawa Narbu Member

6. Smt. Durgen Lepcha Member (Nominated)

41. Legshep-Hingdam. 1. Sri Kulbahadur Chettri Sabhapti

2. Sri Phurba Sherpa Up-Sabhapati.

3. Sri Birbhadur Chettri Sachiva

4. Sri Dhanbahadur Chettri Member

5. Sri Kharkabahadur Rai Member

6. Sri Rabzung, Lama. Member (Nominated)

7. Smt. Pamkit Lepcha Member (Nominated)

42. Ralong-Namlung. 1. Sri Norden Bhotia Sabhapati

2. Sri Goreyman Chettri Up-Sabhapati

3. Sri Manorath Sharma Sachiva

4. Sri Garukman Gurung Member

5. Sri Premgay Tshering Bhotia Member

6. Smt. Angee Bhotia Member (Nominated)

43. Borong. 1. Sri Sukraj Limboo Sabhapati

2. Sri Mitralall Gurung Up-Sabhapti

3. Sri Gopal Sing Rai Sachiva

4. Sri Pahalman Pradhan. Member

5. Sri Ramprasad Sharma Member

6. Sri Agey Tshering Bhotia Member (Nominated)

7. Smt. Chandramaya Gurung Member (Nominated)

44. Sada-Phamtam. 1. Sri Lokbahadur Basnet. Sabhapati

2. Sri Dalbahadur Rai Up-Sabhapati

3. Sri Dirgabahadur Gurung Sachiva

4. Sri Bhim Bahadur Tamang Member

5. Sri Kesher Bahadur Basnet Member

6. Smt. Pobimaya Gurung Member (Nominated)

By Order,

Sd/-

( P. K. Pradhan, IAS )

Secretary,

Rural Development Department Govt, of Sikkim,

Gangtok,

_____________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 114 Gangtok, Thursday, August 4. 1983,

__________________________________________________________________________________________


NOTIFICATION NO. 33/79/H.

Dated Gangtok, the 18th July, 1983.

The following notification No. 429/SKM/83, dated 6th July, 1983 of Election Commis-

sion of India, New Delhi is hereby published for general information:-

NOTIFICATION

In exercise of the powers conferred by subjection (1) of section 13C of the Represen-

tation of the People Act, 1950 (43 of 1950), the Election Commission hereby appoints, in addi-

tion to the officers appointed in its Notification No. 429/SKM/75 (2), dated the 26th September

1975, in respect of the assembly constituencies comprised within East district in the State of

Sikkim as specified in column 1 of the Table below, the officer mentioned in column 2 of the

said Table to be the Assistant Electoral Registration Officer.

TABLE

____________________________________________________________________________________

S.No. and name of the Assistant Electoral

assembly constituencies Registration Officer.

____________________________________________________________________________________

1 2

____________________________________________________________________________________

Each of the assembly constituencies from Deputy District Magistrate

26 to 31 of East District, Sikkim. (1), East District.

____________________________________________________________________________________

The said appoinment shall be deemed to have been made with effect from 1st July, 1983

By Order,

TASHI WANGCHUK, Sd/- DHARAM VIR

Under Secretary (Election) Under Secretary

______________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 115 Gangtok, Thursday, August 4, 1983

______________________________________________________________________________________


HOME DEPARTMENT

NOTIFICATION

No. 5(6) Home/83 Dated Gangtok, the 2nd July, 1983

In exercise of the powes conferred by section 4 (d) of the Sikkim Khadi and Village

Industries Board Act of 1978 and in continuation of Home Departments Notification No. 51(6)

Home /83 dated 16th June, 1983, the State Government is pleased to appoints Shri U.C.Vashistha

as Member Secreatry of the Sikkim Khadi and Village Industries Board with effect from 24th

June, 1983.

M.P.PRADHAN,

Chief Secretary,


______________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 116 Gangotk, Thursday,August 4, 1983

_______________________________________________________________________________________



No. 5(56)85/Gen/EsT. Dated Gangtok, the 20th July, 1983

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the Constitution

the Governor hereby makes the following rules further to amend the Sikkim Govt. Retirement

Benefit Rules, 1974, namely:-

1. (1) These rules may be called the Sikkim Government Retirement Benefit (Amend-

ment) Rules 1983.

(ii) they shall some into force with effect from the first day of November, 1983.

2. In the Sikkim Government Retirement Benefits Rules, 1974, in Rule 5 for the figures

"60" the figures "58" shall, be substituted.

T. CHHOPHEL,

Secretary to the Govt, of Sikkim.

Establishment Department.

__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 117 Gangtok, Thursday, August 11,1983.

_______________________________________________________________________________________



No.5(56)86/Gen/Est. Dated Gangtok, the 20th July, 1983.

NOTIFICATION

In exercise of powers conferred by the provise to article 309 of the Constitution of

India, the Governor hereby makes the following rules further to amend the Sikkim Government

Service Rules, 1974, namely:—

1. (1) These Rules may be called the Sikkim Government Service (Amendment, Rules)

1983.

(2) They shall come into force with effect from the first day of November, 1983.

2. In the Sikkim Government Service Rules, 1974, for rule 98, the following rule

shall be substituted, namely:-

"98. The date of retirement on superannuation of any Govt, servant in the regular ser-

vice shall be the afternoon of the last day of the in which he attains the age of 58 years.

The Govt. retains the right to change the prescribed age of retirement.

Provided that the Government servant who has attained the age of 58 years or more

on the date of issue of this notification shall retire from service with effect from the afternoon of

31.10. 1983."

T. CHHOPHEL,

Secretary to the Govt, of Sikkim.


________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



____________________________________________________________________________________



No.5(56)87/(Gen)/Est. Dated Gangtok, the 20th July, 1983.

OFFICE MEMORANDUM

1. Consequent on the reduction of the age of superannuation from 60 years to 58 years vide

Notification No. 86/(Gen) Est. dated 20.7 83, Govt, servants who have already attained age of 58 years or

more will have to retire on the 31.10.1983. In order to compensate those employees affected, it is decided

to grant the following concessions:—

(1) Advance increment/increments which the Govt, servant would have accrued if he

could have continued in service up to the age of 60 years.

(2) For the purpose of determination of average pay under rule 7 of the Sikkim

Government Retirement Benefit Rules, 1974, the average pay will be deemed to be

the pay fixed inclusive of the increment/increments granted as on 31.10 1983.

2. The concession specified at sub-para (ii) above will also be extended to those Govt.

servants, who are likely to be affected within a period of less than one completed year after

31.10.1983, by the change of the age of superannuation.

3. Wherever the figure "60" occurs in the Executive Instructions issued from

time to time, should be read as "58".

T. CHHOPHEL,



_____________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.119 Gangtok, Tuesady,August 16,1983.

_________________________________________________________________________________



No.88/Gen/Est. Dated Gangtok, the 21st July, 1983

NOTIFICATION

In supersession of this Department Notificationm No. 42/(Gen)/Est. of 21st May, 1979,

the Governor is pleased to abolish the contract scales of Rs. 900-1800 (Class II) and Rs. 1200-

2000(Class I) with immediate effect and to order that persons, on contract, henceforth shall be

appointed in the seals of Rs. 660-1400 only.

Persons who are presently in the scale of Rs. 0004800 (Class II) shall be placed in the

scale of Rs. 660-1400 from the date of issue of this Notification. Their basic pay shall, how-

ever, remain protected.

Other terms and conditions of contract shall continue to be the same as notified vide

Notification No. 250/Gen/Est. of 4th February, 1981, as amended from time to time.

T. CHHOPHEL,

Secretary to the Govt, of Sikkim,


___________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 120 Gangtok, Tuesday, August 16,1983.

___________________________________________________________________________________

.


GANGTOK

NOTIFICATION

No. 18/SLAS/83-84/634. Dated Gangtok, the 12th August, 1983.

The following Order made by the Governor of Sikkim is hereby published for general

information :—

"No. SKM/GOV/810/83 Gangtok, 11th August, 1983.

ORDER

In exercise of the powers conferred on me by Article 174(1) in Part VI of the Consti-

tution of India, I, Homi J.H. Taleyarkhan, Governor of Sikkim, hereby summon the Sikkim

Legislative Assembly to meet on Monday,5th September, 1983 at 11.00 A.M. in the Assembly

House at Gangtok.

I further direct that the Secretary, Sikkim Legislative Assembly, shall notify the Mem-

bers accordingly.


Governor of Sikkim"

By Order,

R.K.GUPTA,

Secretary. Sikkim Legislative Assembly.

___________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 121 Gangtok, Wednesday, August 17, 1983.

_________________________________________________________________________________



GANGTOK

Notification No. 120(723)/A/L-R.(S) Dated Gangtok, the 16th August, 1983.

( Declaration under Section 6 of Land Acquisition Act 1894. )

Whereas the function of the Central Government under the Land Acquisition Act,

1894(Iof 1894), in relation to the Acquisition of land for the purpose of Union have been

entrusted to the State Government by Notification No. F.12018/12/7-LRD dated 10.1.1978

issued by the Government of India under Clause (1) of Article 258 of the constitution of India;


a purpose of the Union, namely for the construction of Western Bye Pass starting from Amdo

Golai and passing through Tadong, Sichey Gaon, Burtuk and Penlongla blocks joining the

North Sikkim Highway near about Maneykhola in East District, Gangtok, Sikkim, it is hereby

declared that 90' wide strip of land i.e. 60' on hill side and 30' in valley side from the edge of

the proposed alignment of the Bye Pass comprising cadastral plots noted in the Schedule of

properties below and measuring more or less 25.3840 hectres is needed for the aforesaid public

puopose at the public expense within the aforesaid blocks.

This declaration is made under the provision of Section 6 of the Land Acquisition

Act, 1894 (I of 1894) read with the said Notification to all whom it may concern.

A plan of the land with its boundaries may be inspected in the office of the

Collector-cum-Sp. L.A.O, Land Revenue Department, Government of Sikkim, Gangtok.


Parts of cadastral survey plot Nos. 28A, 28B, 28C, 26, 27A, 8, 9, 7, 27/B, situated

at Tadong Block.

Parts of cadastral survey plot Nos. 956,957,958,959A,959B,959C,971, 969,964, 968A,

147A,848B, 847B, 846, 845A, 845B, 845C, 845D, 825, 815A, 815B. 815C, 815D, 814A, 814B,

814C,731, 651A, 651B, 637A, 637B, 638, 644A, 644B, 644C, 642, 643, 647A, 647B, 646, 648,

645,,649,650, 596A, 596B, 595, 590, 589A, 589B, 589C, 573,571, 570, 389C, 390, 391, 428,

426,429,510A, 509A,509B, 510B, 511A, 511B, 575, 569, 566A, 544, 523A, 523B, 547 522,

516,514, 515, 513, 505, 506, 432A, 432B, 556B, 535, 536, 528A, 528B, 528C, 529, 389A, 389B,

524A, 525, 524B,529A,529B,526B,526C,538,539,540,541A,541B,565A,565B 565C,

565D, 569A, 575, 577, 576, 585, 569B, 569C, 433, 436, 437, 465A, 465B, 465C, 465E, 464A,

464B, 463A, 463B, 462, 461,467, 468, 469, 487A, 488A, 487B, 493, 488B, 489,484,

483, 482/479, 272 at Sichey Block.

Cadastral survey plot Nos.(in parts) 484A, 484B, 476, 475A, 475B, 471, 469,

470A, 470B, 432, 431A, 431B, 429, 430, 428, 409, 410, 405, 223 224, 225, 226,203, 204, 96,97,98,198,

99, 191, 183A, 183B, 184A, 184B, 186,174A,174B, 170, 169A, 169B, 167, 166A,166B 165,

164, 163, 162, 161, 160, 129, 130, 159, 150A, 155, 150B, 148, 153, 141, 140A, 140B 139 & 489

at Burtuk Block.

Parts of cadastral survey plot Nos. 292, 293, 291A, 296, 291B, 282A, 291, 348,273,

274A, 267A, 267B, 267C, 267D, 266, 260, 261, 259, 268, 269,271, 277, 274B, 275, 282B,284 at

Penlong Block.

K. SHERAB,

Secretary,



___________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.122 Gangtok, Thursday, August 18, 1983.

___________________________________________________________________________


SOCIAL WELFARE DEPARTMENT

GANGTOK

Office Order No. 1/SW Dated Gangtok, the 30th July, 1983.

NOTIFICATION

In continuation to Office Order No. 5/1976-77/161/RDD dated 19th January, 1982 and

in response to Central Social Welfare Board, Delhi letter No. F.1-20/77-CM dated 13.4. 83, the

State Government is hereby pleased to extend the term of Smt. Dil Kumari Bhandari w.e.f.

31.11.82 as Chairman of the State Social Welfare Advisory Board till such time that the Board

is reconstituted.

By Order.

J. K. THAPA,

Secretary,

Social Welfare Department

_____________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 123 Gangtok, Saturday, August 20, 1983.

_____________________________________________________________________________________



No. 103/Gen/Est. Dated Gangtok, the 18th August, 1983.

NOTIFICATION

In supersession of the Notice No. 81(Gen)Est. dt. the 29th June, 1983, it has been

decided that:

1. The competitive examination will be conducted by a Committee.

2. The scheme and subjectts for the examination will consist of:

(i) General studies objective type 100 marks (2 hours)

(a) General Science

(b) History of Sikkim

(c) History of India

(d) Current events of national importance

(e) Customs and culture of Sikkim

(f) Geography of Sikkim

(g) Constitution of India.

(ii) General English 100 marks (3 hours)

(a) Comprehension of given passage

(b) Short essay

(c) Usage and vocabulary

(d) Translation of given sentence in Nepali, Sikkimese, Lepcha, or Limbu to

English.

(iii) General Subjects 100 marks (3 hours)

Questions will be conventional type and will cover the areas of knowledge of the

following subjects:—

(1) History of India — The Monghul Empire and its decline. Revolt of 1857 and

other freedom struggles.

(2) Basic Economic Principles — Nation income. Determination of price-Banking,

Capital formation-Budgetary and fiscal policy in a planned developing economy.

(3) Theories of the origion of State — The State and the individual Parliamentary

and Presidential forms of Government-Balance of Power-Political parties and

politics of caste with special reference to India.

2

(4) Genetics — Concept of general, lows of inheritence mutation and polyloidy-

genetics and plant improvement. Role of plants in human life. Importance of

plants yielding food, fibres, wood and drugs. Ecology-Biotic and abiotic factors

concept of ecosystem-food chain and energy flow-adaptation of acquatic and

desert faunaparasitism and symbosis-elementary idea causing enviromental

pollution.

(5) Outlines of manufacture of:

Sodium Carbonate, Sodium hydroxide, ammonia, nitro acid, Sulphuric acid,

cement, glass and arificial acid fertilisers. Chemistry of simple organic com-

pounds belonging to alkanes, alkenes, alkynes, Alkyl halides, alchols thiols,

aldehydes, keton acids and their derivatives, ethers, amines, amino acids, hydroxy

acids, unsaturated acids and diabasic acids.

(6) Waves and Oscillations, Machanics and Thermal Physics.

(7) The accounting process culminating in the preparation of final statement. Objects

of auditing and audit under statute Role of financial institutions in providing finance

to business and industry Organisation structure-Authority and responsibility.

3. Those who have submitted applications for the competitive Examination are directed

to select one of the General subjects in which tbey would like to appear and inform the Esta-

blishment Department in writing of the subject selected on or before 29th August, 1983 failing

which they will be disqualified for appearance at the examination.

4. The dates and vanue for written examination for the interview will be fixed and inti-

mated on behalf of the Committee.

5. No candidates will be admitted to the written examination unless he/she holds a certi-

ficate of admission issued by the Secretary to the Government of Sikkim in the Establishment

Department.

6. No candidates will be admitted to the examination hall if he/she comes immadiately

after the prescribed time for commencement of the examination. To facilitate verification of the

admission certificate, candidates should appear thirty minutes before the commencement of the

examination at the entrance of the hall. The Committee has discretion to fix qualifying marks

in any or all the subject of the examination.

7. Candidates who obtain such minimum qualifying marks in the written examination as

may be fixed by the Committee at its discretion, shall be summoned for an interview to be con-

ducted by the Committee.

8. After the interviews, Candidates will be arranged by the Committee in the order of

merits as disclosed by the aggregate marks finally awarded to each Candidate in the written

examination and interview. The Committee will forwarded the names of candidates in ooder of

merit to the Government.

9. The form and manner of Communication of result of the examination will be decided

by the Committee at its discretion.

10. Success in the examination confers no right to appoinment unless the Government are

satisfied after such enquiry as may be considered necessary that the Candidate, having due regard

to his/her character, antecedents and the medical report is suitable in all respects for appoint-

ment. Police Verification reports and the medical report will be treated as confidential.

11. On appointment any candidate should be prepared to accept posting anywhere in the

State.

T. CHHOPHEL,

Secretary to the Govt, of Sikkim

Establishment Department

____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.124 Gangtok, Wednesday, August 24, 1983

____________________________________________________________________________________

SIKKIM NATIONALISED TRANSPORT

GANGTOK

NOTIFICATION No 11-T Dated 7-7 83

In execise of the powers conferred by Section 45 of the SikkiM Nationalised

Transport (Prevention of Ticketless Travel and Miscellaneous Provisions) ACT, 1981 (Bill

No. 10 of 1981) the State Government hereby makes the following rules, namely:—

Short title & 1. (1) These rules may be called the Sikkim Nationalised Transport (Preven-

Commencement. tion of Ticketless Travel and Miscellaneous Provisions), Rules 1983.

(2) They shall come into force from the date of their publication in the

Official Gazette.

Definations. 2. In these rules, unless the context otherwise requires :

a) "Act" means the Sikkim Nationalised Transport (Provision of Ticket-

less Travel and Miscellaneous Provisions) Act, 1981;

b) "section and sub-section" means the section and the sub-section of the

Act;

c) the expression used in these rules and not defined shall have the mea-

nings respectively assigned to them in the Act.

Rate of the excess 3. A person who carries or cause to be carried goods by a transport vehicle of the

charges payable Sikkim Transport without payment of carriage charges or makes a false declaration in

under section 9 (2) relation to the weight of the goods so carried shall pay the excess charge at the rate of

Re. 1/- per Kg. for the quantity carried in excess of the permissible limit:

Provided that the excess charges shall not exceed Rupees one hundred in one

case.

Articles to be 4. (1) A passenger may carry goods upto twenty Kgs. either inside the vehicle

carried by a pas- or on the luggage carrier without making payment for the same.

senger without (2) Small suit cases like brief case etc. of the size not exceeding twenty one

payment of carrage inches in length may be carried inside the transport vihicle provided that carrying of

charges thereof. such suit cases etc. does not result in any inconvenience to the other travelling passen-

gers.

(3) The beddings and bed rolls shall not ordinarily be permitted to be car-

ried indside the vehicle.

(4) Besides the weight of the goods specified in sub-rule (1), a passenger

may carry with him inside the vehicle an umbrella or hand bag not exceeding eighteen

inches in length.

2

Form of forwarding 5. (1) The forwarding note shall be prepared in quadruplicate in Form Aand

Note. shall be signed by the consignor and the member of the staff of Sikkim Transport.

(2) The delivery goods may be given to the consignee or its agent or in

endorsee on. production of a copy of consignment note.

(3) Where the consignee fails to produce a copy of the consignment note

for any reason or the consignment note is found to be in a mutilated condition member

in charge of the staff responsible for giving delivery of the goods may deliver the goods

on execution of a security bond signed by the consignee, its agent or endorsee in Form B.

Offensive or dan- 6.(1) Any goods which emit foul or unpleasent smell which may cause

gerous goods which annoyance to the passengers may notwithstanding anything contained d in sub-rule (1) the

may not be carried following goods shall not be permitted inside the vehicle :

vehicle. a) dry fish, b) gas cylinders,

c) live chicken/goat or sheep, d) skins of animals,

e) dogs and pups, f) explosives as defined in the

Explosives Act, 1884(4 of 1884),

g) any other goods which; are considered dangerous for carrying inside

the vehicle due to their tendency to explode or due to their tendency to cause any

communicable or epidemic disease;

Provided that dry fish, live chicken, dogs and skins of animals may be allowed

to be caried on the luggage carrier if they are properly packed and secured.

7. (1) The free time for which goods may be kept at destination shall be three

hours.

(2) The consignee, his agent or edorsee shall take delivery of goods within

one hour of the receipt of the intimation about arrival of goods at the destination satation,

(3) The intimation referred to in sub-rule (2) shall be in form C.

(4) As soon as may be or after the expiry of three hours the goods shall be

unloaded and kept in the warehouse of the Sikkim Transport.

(5) The cost of unloading the goods at destination station shall be payable

by the consignee, his agent or endorsee.

(6) If the consignee, his agent or endorsee fails to take delivery of goods

within the free-time referred to in sub-rule (1) such consignee, his agent or endorse

shall pay to the Sikkim Transport the following charges on acccount of detention

demurrage and wharfage :—

(a) Detention or Demurrage charges :

i) for full truck weighing 5 ton or more at the rate of Rs.30/- per hours or part

of an hour upto three hours;

ii) full truck weighing less than 5 tons at the rate of Rs. 20/- per hours or part

thereof upto three hours:

iii) for detention exceeding three hours the charges for truckes referred to in cla-

uses (i) and (ii) shall be Rs. 45/- and Rs. 50/- respectively.

(b) Wharfage charges : When goods are booked in smalls at the rate of 0.50.

per quintal for every twentyfour hours or part thereof.

Disposal of goods 8. (1) Where the consignee, his agent or endorsee fails to take delivery of

by public auction. goods of perishable nature, the Sikkim Transport may, after the expirty of twentyfour

hours from the free-time referred to in sub-rule (1) of Rule, 7 dispose off th goods

public auction by giving oral intimation to the dealers who ordinarily deal in such

perishable goods.

(2) The sale proceeds of the public auction referred to in sub-rule (1) shall

be deposited in the suspense account and shall be paid to the consignor or consigned

when they claim after deducting therefrom the charges on account of freight if any

demurrage and wharfage charges including unloading charges.

4

SECURITY BOND

FORM - B

(See Rule 5)

I,.................................. son of,...............................

residing at.....................................................hereby state that

I have..............................

(a) lost the consignment note,

(b) the consignment note in my name is torn and the writing therein is not visible,

(c) the consignment note is in a badly mutilated condition.

I request the S.N.T. Department to deliver the goods covered by consignment note No:.......

........... ..date.....................................................other person claims under the same consignment note

I shall return to the S.N.T. Department the goods in the same form in which I have taken delivery

thereof pay to that Department such amount on account of price of the said goods as may be determined

by the said Department.

Signed in the presence of :

1.....................................

2.....................................

INTIMATION FORM

FORM - C

(See Rule 7)

Whereas the goods covered by consignment note..........................

dated......................................issued at..........................have beeen recei-

ved at the Booking Station at....................................at..................

You are hereby called upon to take delivery of the goods under the consignment a

within one hour from the receipt of the intimation.

Signature..........

Designation...........

1. Name of the consignor

.......................................................................

Name of the consignee

......................................................................

2. Mr.............................................................

at ............................................................

5

NOTIFICATION

II/T/I Dated 7.7.83

In exercise of the powers conferred by sub-section (3) of section 1 of the Sikkim Nationalised

Transport(Prevention of Ticketless Travel and Miscellaneous Provisions) Act,1981, (10 of 1981),

the State Govt.hereby appoints the 15th July 1983 as the date on which the provisions of the said Act

shall come into

force.

Sd/- G.P.Pradhan,

SECRETARY,

Sikkim Nationalised Transport.

___________________________________________________________________________________

NOTIFICATION

11/T/2 Dated 7.7.83

In exercise of the powers conferred by section 7of the Sikkim Nationalised Transport

(Prevention of Tickets Travel and Miscellaneous Provisions) Act, 1981(10 of 1981) the State

Government hereby declares the places specified in column (1) of the Table below as a Bus Stand

or Bus Stops as mentioned in column(2) of the said table.

Place Bos Stand or Bus Stop

(1) (2)

Sd/- G.P. Pradhan

SECRETARY,

Sikkim Nationalised Transport

___________________________________________________________________________________

NOTIFICATION

11/T/3 Dated 7.7.83

In exercise of the powers conferred by section 8 of the Sikkim Nationalised Transport (Preven-

tion of Ticketless Travel and Miscellaneous Provisions) Act, 1981 (10 of 1981) the State Government

hereby authorised the S.Is of Police in the State to enter in any transport vehicle and require a petson

travelling in such transport vehicle to present his ticket or carriage receipt for examination.

Sd/- G.P. Pradhan

SECRETARY,

Sikkim Nationalised Transport.

___________________________________________________________________________________

NOTIFICATION

11/T/4 Dated 7.7.83

In exercise of the powers conferred by Section 15 of the Sikkim Nationalised Transport

(Prevention of ticketless Travell and Miscellaneous Provision Act, 1981 (10 of 1981) the State

Government hereby determines that every passenger who has attained the age of 12 years shall pay full

fare while travelling in a transport vehicle of Sikkim Transport.

Sd/- G.P. Pradhan

SECRETARY


6

NOTIFICATION

11/T/5 Dated 7.7.83

In exericse of the powers conferred by the section, 24 of the Sikkim Nationalised Transport

(Prevention of Ticketless Travel and Miscellaneous Provision) Act, 1981(10 of 1981),Sikkim Transport has

authorised the, following Agents for sale of tickets:

1) Agent, Darjeeling 2) Agent, Kalimpong

3) Agent, Pakyong 4) Agent, Penlong

5) Agent, Ranipool.

Sd/- G.P. Pradhan,

SECRETARY,


________________________________________________________________________________________

NOTIFICATION

11/T/6 Dated 7.7.83

In exercise of the powers conferred by Section 29 of the Sikkim Nationalised Transport (Preven-

tion of Ticketless Travel and Miscellaneous Provisions) Act, 1981 (10 of 1981) table passenger fares, tariffs

distance tables rate tables and a list of fare from Station to Station to be displayed at all Sikkim Transport

Offices.

Sd/- G.P. Pradhan

SECRETARY ]


________________________________________________________________________________________

NOTIFICATION

11/T/7

In exercise of the powers conferred by section 19 of the Sikkim Nationalised Transport (Preven-

tion of Ticketless and Miscellaneous) Act, 1981 (10 of 1981), S.N.T. Department hereby authorised drives,

conductors and checking staffs of the Sikkim Nationalised Transport (including Transport Inspectors and other

Officers ) to remove passenger from the Transport vehicle when such passengers does not behave in accordance

with the provisions of clauses (a) and (b) of the said section.

Sd/- G.P. Pradhan

SECRETARY


7



FORM A

HEAD OFFICE: GANGTOK C. No...............................

Originating Station ..............................

Dated: ................................................

Veh. No: ..........................................

T. M. C. No........................................

Name of driver ....................................

D. L. No: .........................................

CONSIGNMENT NOTE

Consignor ....................................... Consignee ..................................................

Address .......................................... Address.............................................

.......................................... Phone No:................................................

Carriage FROM: .......................................To: ....................................... DELIVERY AT: ......

Recived the goods as detailed below for carriage subject to the condition mentioned overleaf and published

in the Sikkim Government Gazette No : .........19.........

Sl.

No.

(1)

Method of

Packing.

(2)

Nature of

goods said

to contain.

(3)

Actual

Wt. Kg.

(4)

Wt.

Charged.

Kg.

(5)

Consingors’

declared

value

(6)

Rate

(7)

Freight

Charged

Rs. P.

(8)

B. R. No.

& date.

Amount

(9)

Total:

The consignor hereby declares that the above particulars furnished by him or his agent are correct. No

prohibited articles are included and he is aware of and accepts the conditions of carriage.

……………………… …………………………………

Signature of consignor Signature of Booking - in – Charge

ACKNOWLEDGEMENT BY THE CONSIGNEE

Received the above mentioned goods in sound condition.

Remarks, if any ................................................(Signature of the Receiver of his Agent with Rubber

Seal & Date),

Distribution of copies of C/N.

(1)Yellow : CONSIGNOR'S copy.

(2)Green Copy : Originating Station for record.

(3) Pink Copy : For H. O. for billing.

(4) Blue Copy : To H. O. for billing. (WYG/Red numbers)

(5) White Copy : Starting Station SNT.

8



GENERAL TERMS AND CONDITIONS OF CARRIAGE OF GOODS

No. 1

Every consignment shall (except as otherwise agreed in writing) be accompanied by a consign-

ment note or declaration in which shall be stated:

a) the full names and addresses of the sender (consigner) and the consignee:

b) the station or place of destination and the route by which the consignment is to be

conveyed;

c) where practicable the total weight of the consignment.

No: 2.

The Sikkim Nationalised Transport shall carry the consignment booked at the owner's risk:

Provided that the terms "at the owner's risk" used in the consignment note shall only mean

that the consignor would be liable for any loss or damages to the consignment which are lying with the Sikkim

Nationalised Transport if such loss or damage was not caused by any negligence on the part of the Sikkim

Nationalised Transport or its servants.

No:3

The Sikkim Nationalised Transport shall not guarantee delivery of consignment within any spe-

cified period and shall not be able for loss, damage, deviation, misdelivery, delay or detention of consignment

or any part thereof unless occasioned by the neglect or default on the part of the Sikkim Nationalised Transport

or its servants or its agents.

No: 4

a) In the event of any interruption of communications (including imposition of gate timings)

on the booked and customary route due to cause beyond the control of the Sikkim Nationalised Transport,

the Sikkim Nationalised Transport at its own discretion and on its own liability may cause the traffic to be

diverted through the shortest route in order to meet its operational convenience.

b) Notwithstanding the change of route or of the carrier or of enhanded freight, any consign-

ment note held in respect of the consignment shall be equally operative over the route by which the consihn-

ment is conveyed.

No: 5

The Sikkim Nationalised Transport shall be liable for every act of its agents. Unless the less or

injury or damage of the goods booked through SNT is, while they were in the course of transit, is caused by

the act of God or is the consequence of inherent vice in the thing carried or is attributable ot consignor's own

fault, the Sikkim Nationalised Transport shall still be liable even if, under the circumstances, it was found to

have acted with reasonable care and prudence.

Provided that its liability shall be limited to the value declared and not the value of the actual

contents of the package consigned.

No: 6.

The consignee or any holder of the receipt of consignments or its authorised agent should as-

certain the date and time of arrival of consignment from the Sikkim Nationalised Transport's nearest booking

office or its Head Office and the delivery of goods shall be taken from its vehicles or ware-houses within one

hour of arrival failing which detention charges as given in the Schedule shall be charged.

No:7.

The Sikkim Nationalised Transport shall reserve the right to reweigh and remeasure consign-

ment before delivery at the delivery station without assigning any reason thereon. This shall be done before

the presence of the consignee or the holder of the receipt of his duly authorised agent and it shall collect

any undercharge before effecting delivery of such consignment.

No: 8.

The Sikkim Nationalised Transport shall deliver the goods to the consignee or the holder of the

receipt or his duly authorised agent in the like order and condition as received by it. The consignee or the

holder of the receipt or his duly authorised agent shall have the right of recourse of action against the Sikkim

Nationalised Transport for all claims arising thereon. Such claim be made in writing to the General Manager

within the period as mentioned in Clause No:15 after the termination of the transit of the consignment , or

the part of the consignment in respect of which the claim arises.

9

No.9:

The transit shall unless otherwise previously determined, be deemed to cause an end on the

goods reaching its destination station.

No: 10.

The Sikkim Nationalised Transport reserves the right to refuse goods for transportation without

assigning any reason thereon.

No: 11.

The Sikkim Nationalised Transport reserves the right to dispose of perishable goods lying undeli-

vered after 24 hours of arrival, without giving any notice, if the consignee is unable, for no fault of the Sikkim

Nationalised Transport, or is unwilling to take delivery.

No. 12.

(a) The Sikkim Nationalised Transport reserves the right to dispose of other than perishable

goods lying undelivered after 30 days of arrival, at the expiration of one clear day after the recipt by the con-

signee or the holder of he receipt of his duly authorised agent of notice in writing (or by telephone) if so

towards this effect or if refused by the consignee or not delivered because the name and address of the consig-

nee or not known or cannot be ascertained and in either case the sender faisls to take delivery or to give ins-

tructions for disposal.

(b) The Sikkim Nationalised Transport may sell the same and pay the proceeds of such sale,

after deduction of freight and demurrage charges in relation thereto, and shall without prejudice to any claim

or right which the sender or consignee may have against the Sikkim Nationalised Transport otherwise arising

under these conditions) discharge the Sikkim Nationalised Transport from all liability in respect of such

consignments or part of the consignment.

N0. 13:

The Sikkim Nationalised Transport shall not be responsible if any goods are detained, seized or

confiscated en-route or at the destination by authorised agencies of Government.

No.14:

a) The Sikkim Nationalised Transport shall have the right to entrust the goods to any other

transporter or carrier. In the event of the goods being so entrusted by it to another transporter or carrier,

it shall, as between the consignor and the Sikkim Nationalised Transport, be deemed to be its agent.

b) Notwithstanding the delivery of goods to such transporter or carrier, it shall continue to

be responsible for the safety of the goods and for their delivery at the destination.

No. 15:

No suit shall lie against the Sikkim Nationalised Transport in respect of any consignment wi-

thout a claim being made in writing to the General Manager in that behalf and preferred within 45

days from the date of booking or 48 hours in case of persihables and 30 days in case of non-perishables from the

date of arrival at destination by the party concened. All claims in respect of shortages shall only be entertai-

ned if delivery has been effected in the presence of an Official of the Sikkim Nationalised Transport not below

the grade of Junior Traffic Assistant.

N0.16:

The consignor in all cases shall be responsible for any consequence or any incorrect or false

declaration pertaining to the goods delivered to the Sikkim Nationalised Transport for carriage.

No. 17:

The Competent Court shall have jurisdiction in respect of all claims arising out of the consign-

ment or of goods entrusted to the Sikkim Nationalised Transport for carriage.

10.

SCHEDULE

(Ref. Condition No. 6)

Dentention Charges : Full truck loasds

5 tons or more - Rs. 30.00 per hour.

Less than 5 tons loads - Rs. 20.00 per hour.

For detention axceeding 3(three) hours the charges for trucks referred to above shall be Rs.50.00 and

Rs. 45.00 respectively.

Wharfage charges : 00.50 paise per quintal or part thereof or every 24 hours or part thereof.

_____________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.125 Gangtok, Thursday, August 25,1983.

_____________________________________________________________________________________


ELECTION DEPARTMENT

(HOME)

NOTIFICATION

No. Elec. 102/83 Dated 22nd June, 1983.

Notification No. 82/SKM-LA/(79)/83 dated 14th June, 1983 of the Election Commission of India

is hereby published.

ELECTION COMMISSION OF INDIA

Nirvachan Sadan,

Ashok Road,

New Delhi -110001

Dated 14th June, 1983.

NOTIFICATION

No. 82/SKM-LA/1/(79)/83 :- In pursuance of section 106 of the Representation of the People

Act, 1951(43 of 1951) the Election Commission hereby published the judgement of the High Court of

Sikkim dated 18 March, 1980 in Election Petition No. 1 of 1979.

IN THE HIGH COURT OF SIKKIM

Election Petition No. 1 of 1979.

Dated of Order 18.3.1980.

Kalzang Gyatso

Versus

Badri Nath Sharma and others

Coram

The Hon ble Mr. Justice A.M. Bhattacharjee, Judge.

Present : None for the Petitioner

Mr. Anup Deb, Advocate for the Respondent No. 3

Mr. N.B. Kharga, Advocate for the Respondent No.4.

1. As already noted in the earlier order, the petitioner has filed an application dated 13th March,

1980 intimating that "he does not intend to proceed with" this election petition. Neither the petitioner

nor any lawyer nor any one else on his behalf is persent today.

2. The sole petitioner having thus failed to appear today either in person or through any lawyer or any

one else on his behalf, I think I have no other alternative than to dismiss this alection-petition for default,

which I hereby do, though with some amount of reluctance.

2

3. My reluctance proceeds from my realisation that in spite of the apparent amplitude of power vested in

me by the Representation of People Act, 1951 and the plentitude of powers under the Code of Civil Procedure

being made available to me under section 87 (1) of the said Act, including the entire gauments of something

power as are inherent in any Court or Tribunal, I may still be powerless to prevent the happening of something

which the Legislature probably wanted very much to prevent, but without success because of its inadvertence

or defective phraseology.

4. It is beyond dispute, as it must be because of the express provisions of Section 87(1) of the Representation

of People Act, 1951, that the provisions of the Civil Procedure Code shall apply at every stage of the election

proceeding, commencing from the presentation of the election petition until the conclusion of the trial,

unless there is any express indication to the contrary in the said Act or the Rule made thereunder or under the

said Act or Rules have made express provisions for regulating that particular stage of the proceeding. It is

now well settled as a result of several decisions of the Supreme Court that an election-petition, which as

per the mandate of Section 87 (1), of the Representation of People Act, 1951 is to be "tried", as far as may

be, in accordance with the procedure for trial of suits under the Civil Procedure Code, is "tried" not only

when it is taken up for recording of or hearing on evidence etc., but is actually "tried" from the time of

its presentation until its termination, favourable or unfavourable. That being so, if an elect ion-petitioner does

not appear on the first date of the hearing of his petition, the election petition has got to be dismissed for,

default under the provisions of Order 9 of the Civil Procedure Code, unless the Representation of People Act,

1951, has expressly provided to the contrary or has made some express provisions for such eventuallty.

5. It is apparent from the Representation of People Act, 1951 and the Rules made thereunder that they con-

tain no express provision rulling out the operation of Order 9 of the Civil Procedure Code on election Pro-

ceedings and therefore, the said Order 9, shall in terms of Section 87(1) of the Act, apply, unless, to respect

the Act has made express provisions for the consequences for non-appearance of parties.

6. The Representation of People Act, 1951 has in Chapter IV, provided for withdrawal of election-petitoner

(Sections 109-111) and for abatement of election-petition (Section 112-and 116) and as such the provisions of

the Civil Procedure Code in Order 23, providing for withdrawal of suits and in Order 22 providing for abate-

ment of suits, shall not apply to election petitions. But there is no provision in the said Act or in the Rules

made thereunder providing for the consequences of non-appearance of parties on the date of hearing and as

such the provisions of Order 9, Civil Procedure Code shall apply including Rule 8 thereof, whereunder "the

Court shall make an order that the suit be dismissed'" if "the plaintiff does not appear" at the first hering.

7. It was observed by the Supreme Court in Inameti Mallappa Basappa versus Desai Basavraj Ayyapa (AIR

1958 Supreme Court 698 at 702-704) as hereunder:-

"an election petition once filed does not mean contest only between the parties thertto but

creates a situation which the whole constituency is entiltled to avail itself of. Any person who

might himself have been a petitioner is entitled to be substituted, on the fulfilment of the requisite

conditions and upon such terms as the Tribunal may think fit, in place of the party withdra-

wing and even the death of the sole petitioner or of the survivor of several petitioner does not

put an end to the proceedings, but they can be continued by any person who might, himself

have been a petitioner. Even if the sole respondent dies or gives notice that he does not intened

to oppose the petition or any of the respondents dies or gives such notice and there is no other

respondent who is opposing the petition, a similar situation arise and the opposition to the peti-

tion can be continued by any person who might have been a petition, of course on the fulfil-

ment of the conditions prescribed in Section 116. These provisions therefore show that the elec-

tion petition once presented continued for the benefit of the whole constituency and cannot

come to an end merely by the withdrawal thereof by the petitioner or even by his death or

by the death or withdrawal of opposition by the respondent but is liable to be continued by any

person who might have been a petitioner. "Once this process has been set in motion by the peti-

tion he had released certain forces which even he himself would not be able to recall and

he would be bound to pursue the petition to its logical end" (Underlining mine).

7. Relying on these observations it was urged in many cases before various High Courts that the Legislature

having unmistakably demonstrated its very great anxiety to have an election-petition, when once presented,

continued and pursued to its logical and in spite of and not-withstanding its withdrawal by the petitioner

the death of the petitioner, the very purpose of the Legislature would be defeated and frustrated if an election

petition is dismissed for the non-prosecution by or default in appearance made by the petitioner for in that

case a petitioner can very well put an end to the election proceeding and have the election-petition struck

off the files of the Court by getting it dismissed for default, which however, he cannot do even by filling a

clear and straight-cut application for withdrawal of the election petition.

3

8. It should, however, be noted that in Basappa's case above referred to, the Supreme Court was dealing

with a very different situation and the question before the Supreme Court was that when the election peti-

tioner, besides caliming a declaration that the election of the returned candidate was void, also claimed the

further declaration that he or any other candidate was duly elected and as such a right of recrimination acc-

rued to the respondents under Section 97, Representation of the People Act, 1951 could the petitioner there-

after withdraw or abandon the second claim relating to the seat and thus deprive the respondents of the right of

recrimination already accrued ? And the Supreme Court held that the provisions of Order 23, Rule 1 did not

apply to the election proceedings and it was not open to a petitioner to withdraw or abandon a part of this

claim particularly when such withdrawal or abandonment of a part of the claim would have the effect of

depriving the respondents of the right or recrimination accrued to them. The question whether the election

petitioner is to be or should be dismissed when the petitioner does not appear on the date of hearing was not

before the Supreme Court in the remotest way and was not considered evern causally. On the other hand,

the observations of the Supreme Court in Basappa's case (underlined herein above at paragraph 7) would, in

my view, go to show that Sections 109-111 of the Represetnation of the People Act, 1951 would apply only

when the election-petition takes the positive step in Court to withdraw the election petition which can

only be done by filing an application to that effect, and not to mere non-action or non-prosecution.

10. As I have already noted, there is no express provision in the Representation of People Act, 1951

as to the consequences of non-appearance of the parties on the dates of hearing and that being so, the provi-

sions of the Civil Procedure Code, mase applicable to the election-proceeding by Section 87(1) of the said

Act, would apply thereto and the effect of non-appearance of parties would be regulated by the provisions of

Order 9 or Order 17, Civil Procedure Code. It was, however, urged in those cases that when the election-

petitioner does not appear or fails to appear and / or does not prosecute or proceed with his election-petition

he, in effect, withdraws himself from the proceeding and the provisions of Section 109-111 of the Represen-

tation of People Act,1951, dealing with withdrawal of election-petitions, should also be made applicable to

such case, so that any person may get himself substituted in the place of the defaulting petitioner and prose-

cute the election-petition. It was urged, and with considerable force, that such application of Section 109-

111 of the Representation of People Act, 1951 even where the petitioner withdraws himself from the procee-

ding and does not appear to prosecute, would make the relevant law reasonable, sensible and logical as it is

against reason, common sense and logic and election-petitioner cannot put an end to the election proceeding

even by withdrawing the election-petition on the ground that the whole constituency being interested in the

purity of election, any person who could have filed the Election Petition must be given opportunity to get

himself substituted, but still he can very well be allowed to procure a dismissed of the entire proceeding by

simply choosing not to appear on the date of hearing.

11. I need not quote either Halsbury or Holmes to say that Law is not always logic or reason or common

sense evern though we may very much wish it to be so. But I would, however, admit that to me also the

entire position has appeared to be quite anomalous and as I had the occasion to point out in Santosh Kumar

Rai versus Sonam Wangdi (1977- 1 Sikkim Law Journal 39 at 4), agreeing most respectfully with, inter alia

the Full Bench decision of the Punjab High Court in Jugal Kishore versus Baldev Prasad (AIR 1968 Punjab

152)and the Full Bench decision of the Allahabad High Court in Duryodhan varsus Sitaram (AIR 1970 Alla-

habad I), that there is undoubtedly a lacuna in the Representation of People Act, because it makes express

provisions as to when an election-petitioner may be allowed to withdraw the Election Petition, but makes no

such provision if he just does not prosecute and thus withdraws himself from the proceeding. I pointed out

further, agreeing respectfully with Grover, J. (as his Lordship then was) in the Punjab Full Bench case, that if

the intention of the Legislature was that owing to the peculiar nature of the election-proceeding and the in-

terest of the entire constituency being involved in the election and its purity, it should not be allowed to be

withdrawn by the petitioner without giving others due opportunity to be substituted, it is difficult to unders-

tand as to why it has been left to the the whim, caprice and sweet-will of the petitioner to defeat that inten-

tion by following the indirect course of having the election-petition dismissed by non-prosection and default.

12. Be that as it may, I would, if I could, have applied the privisions of Section 109-111 of the Representa-

tion of People Act, 1951to the case of non-apperance of parties also, for that would have filled up all the launa

noted above and would have ironed out all the illegalities and unreasonableness writ large on the relevant

provision the Election Law. Lord Denning has observed (See ''Discipline of Law" - page 12 - quoting from

his Judgement in Seaford Court Estates versus Asher-1949-2 KB 481) "that since it can not be expected that

Statutes would be drafted" "with divine prescience and perfect clarity", "when a defect appears, a Judge

can not simply fold his hands and blame the draftsman", but "must set to work on the constructive task of

finding the intention of Parliament" and if necessary, "he must supplement the written word so as to give

'force and life' to the intention of the Legislature". I am one of the those who honestly believe that Judges

do, can and can not but make laws and have done so on numerous occasions and I have never been able to un-

derstand as to why the Judges should feel uneasy to confess that. We in Sikkim have been making laws very

4

often as we find the legislative laws here to be very scanty and the Legislatures (both Central an the State)

to move with slothful and slowest speed. We have been regularly applying the provisions of the various laws

operating in the rest of India in cases before us when we find that there is no corresponding Sikkim Law on

the point as the Judges in the Indian Courts in the early British period freely applied the principle of English

Law when they found the Indian Law to be silen on a particular point. A learned Jurist (Baxi in his introduc-

tion to Justice Mathew's "Democracy, Equality and Freedom") has observed that "in this last quater that

the twentieth century, very few people would venture to contest or deny the elementary proposition that

Appellate Judges not merely declare the law or apply it, but they also make or create law". While I fully

endorse the view of the learned Jurist as to the role and performance of Judges, I would only add that though

very few people should contest or deny the above-noted propostition, many would still like to contest amount

deny the same and they include even Judges who would not admit that they do and have got to do some amount

of law-making. I may refer here to the sermon of Bishop Hoadley quoted by Justice Mathew from Grey's

Nature and Sources of Law" in his judgement in Keshavananda Bharati's case (AIR 1973 Supreme Court

146 at 1982) that "whoever both absolute authority to interpret any wiritten or spoken laws, it is he who is

the law-giver to all intents and purposes and not the person who first wrote or spoke them."

13. Agreeing with the view of all these eminent Judges and Jurists, I would have been fully prepared to

exercise all my powers including even such law - making powers as we have, to make the provisions of Sec-

tions 109- 111 of the Representation of People Act, 1951, applicable also to a case where the election

petitioner, without making any application to withdraw the election petition, just withdraws himself from the

forentic arena and vanishes out of the Court. But the words of the aforesaid Section leave no room for doubt

that they can only apply to some positive action of the petitioner, namely, when the petitioner takes some

positive step in Court by filing an application for withdrawal and not to his mere non - action, that is, when

he takes no step and even does not appear before the Court. As already pointed out, if these Sections 109

111 are not to apply to the case of default in appearance, there being no other express provisions in the Repre-

sentation of People Act, 1951, to govern the matter, the provisions of the Civil Procedure Code will authomat-

cally apply because of Section 87 (1) and the election petition shall have to be dismissed under Order 9 when

the petition fails to appear on the first date of hearing. As held in the aforesaid Punjab and Allahabad Full

Bench cases, Section 109 - 116 apply only in the case of withdrawal or abatement and they do no apply to a

dismissal for deafult which is to be regulated by the provisions of Order 9 or Order 17 of the Civil Procedure

Code, in view of Section 87 (1) of the Representation of the People Act, 1951. There being thus specific

provision of laws governing the matter at hand, a Judge has only to apply that law and not make a new law.

If Judges can make law, as they often have to, they do so when there is no law on the point; Judges can also

mould the law to subserve the higher purpose of justice; can make a stitch here or put a patch there

or iron out the creases (to borrow from Lord Denning). But the lacuna in the Represenatation of

People Act, 1951, pointed out hereinabove, is too large for any amount of forensic tailoring or masonry.

14. I know, and it is good, that "literal approach" to Statutes is losing, while "purposive approach"

in interpreting Statutes is gaining ground day by day. But if the words used in a statute cannot be made to

bear out that purposes, without revolutionising the Dictionary, which we cannot do, we can only sadly declare

that the purpose has failed. And I would do so more readily in this case, and that with a sense of amazement,

as I find that after this lacuna has been pointed out by various High Courts in a long catena of reported deci-

sions during the last fifteen years or more, the concerned Legislature has not cared at all or has only cared to

shut its eyes and ears. I am afraid that even by adpoting a "purpsosive approach", which we should always

try to do, we cannot fill up a lacuna which, the Legislature, even after being repeatedly warned, has not cared

to fill up and has thus rendered it self liable to the criticism that it has purposely done so.

15. In the result, the election petition is dismissed with cost to the contesting respondents, The peti-

tioner shall pay as costs Rs. 200/- to each of the Respondent No.3 and Respondent No.4 who have also been

represented by lawyers. No cost to any other respondent who has not appeared today.

Sd/- A. M. Bhattacharya

JUDGE

BY ORDER

M.P. PRADHAN, IAS,

Chief Secretary Chief Electoral Officer


____________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_____________________________________________________________________________________


ELECTION DEPARTMENT (H)

NOTIFICATION

No. Elec:-102/83 Dated 23rd June 1983.

No. 82/SKM-LA/2/79/83 dated 16th June, 1983 ,the Election Commission of India's is hereby

published.

ELECTION COMMISSION OF INDIA

Nirvachan Sadan,

Ashok Road,

New Delhi - 110001

Dated 16th. June, 1983

NOTIFICATION

No. 82/SKM - LA/2/79/83:- In pursuance of section 106 of the Representation of the

People Act,1951 (43 of 1951), the Election Commission hereby publishes the Judgement of the High Court

of Sikkim dated the 7th March, 1980 in Election Petition No.2 of 1979.

Date of Order: 7th March, 1980

IN THE HIGH COURT OF SIKKIM

Election Petition No. 2 of 1979

Durga Prasad Rajalim

Versus

S. L. Shakdhar & Others.

Coram:-

The Hon'ble Mr. Justice A. M. Bhattacharjee, Judge. Present: None for the petitioner,

Mr. Anup Deb, Ad. for Respondent No. 4 Respondent No. 6 in person.

In Santosh Kumar Rai versus Sonam Wangdi & Others (1977 1 Sikkim Law Journal 39), I had the

opportunity to consider the question as to whether an election petition is liable to be dismissed for non-prose-

cution of or for default in appearance made by the petitioner in accordance with the provisions contained in

Order IX or Order XVII of the Code of Civil Procedure, or even otherwise, and I answered the question with

a definate affirmative, agreeing respectfully with the Full Bench decision of the Punjab & Haryana High Court

in Jugal Kishore versus Baldev Prasad (AIR 1968 Punjab & Haryana 152) and the Full Bench decision of the

Allahabad High Court in Duryodhan versus Sitaram (AIR 1970 Allahabad 1) and the Division Bench decision

of the Patna High Court in Sawalia Beharilal Verma versus Tribikram Deonarayan Singh (AIR 1969 Patna

378) and dissenting, with equal respect, from the Full Bench decision of the Jammu & Kashmir High Court

in Dinanath Kaul versus Election Tribunal (AIR 1960 Jammu & Kashmere 25)

2

2. I have pointed out there that it is no doubt true that the provisions contained in Sections 109 to 111

of the Representation of the People Act, 1951, have been made for the purpose of ensuring that if the Peti-

tioner chooses to withdraw his petition, any one else who maybe interested from the Constituency concerned

and who might himself have been a petitioner, may have an opportunity to apply to be substituted as the peti-

tioner so as to prosecute the petition. I have also pointed out further that this purpose and object can very

well be frustrated and defeated by the petitioner following the course of having his petition dismissed for non-

prosecution or default and by not filling an application for withdrawal and that, therefore, there is undoubedly

a lacuna in the Representation of the People Act, 1961, because it makes provisions to when an election peti-

tioner may be allowed to withdraw the petition, but makes no express Provision if the petitioner just refuses

to prosecute or to prosecute further and thus withdraws himself from the proceeding.

3. I have also pointed out in Santosh Kumar Rai's case that even apart from the provisions of the Code of

Civil Procedure, which have been made applicable to the trial of an election petition by and under the provision

of Section 87 of the Representation of the People Act, such a power to dismiss for default must be implied as

inherent in every Court of Tribunal and that, as po nted out by Hidayathullah, C. J. (as his Lordship then was)

in Mannalal versus Nandram - Das Dwarka Das (A R 1958 Madhya Pradesh 260), with which I most respect-

fully agree, "it is axiomatic that no Court or Tribunal is supposed to continue a proceeding before it when

the party who has moved it has not appeared nor cared to remain present". It may be noted here that while

at the time when the Madhya Pradesh case was d cided, election petitions were to be decided by Tribunals

and not by the High Courts under the amended provisions of the Representation of the People Act, 1951,

such election petitions are now to be tried by the High Court itself and as such, even if it could be argued or

assumed that Election Tribunals might not have possessed any such inherent power, as they were held to

possess by Hidayatullah, C. J., there can be no manner of doubt that the High Court, which is a Court of

Record, and as such possesses all such inherent powers of such a Court, can involve such powers in trying

election petitions also.

4. The aforesaid case of Santosh Kumar Rai, versus Sonam Wangdi was decided by me on 2nd July, 1977,

and I have therefore, tried to ascertain, as far as I have been able to, whether there has been any subsequent

change in the law, legislative or Judicial, and the only thing that I have been able to ascertain is that the law

on the point still stands, as it stood before, with the aforesaid lacuna writ large on ti. Even one agrees with

the view, as I do, that a Judge may supplement, though not supplant, the written words of the law to give

proper effect and force and life thereto and may and should iron out the creases, yet it is not possible for a

Judge to change the fabric or the meterials of which the written law is oven (borrowing phrases from Lord

Denning).

5. I, therefore, hold, as I held before in Santosh Kumar Rai's case, that the present election petition is

liable to be dismissed for the non - prosecution of and the default in appearance made by the petitioner and

such a liability will have to be enforced by dismissing this election petition.

6. The election petition, therefore, stands dismissed with costs. The petitioner, shall pay cost of Rs. 200/-

to the respondent No.4, who has been represented before me by a lawyer, and of Rs. 100/- to the respodent

No. 6, who has appeared in person to contest the petition No.-----------cost to any other respondents who have

not appeared.

Sd/- A.M.Bhattacharjee

JUDGE

Dated the 7th March, 1980.

BY ORDER,

M. P. PRADHAN

Chief Secretary /Chief Electoral Officer


______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 127 Gangtok, Monday, August 29, 1983

________________________________________________________________________________________


LAW DEPARTMENT

Notification No. 8/LD/RC/82. Dated the 12th November, 1982.



general information :-

THE GOVERNORS (EMOLUMENTS ALLOWANCES AND

PRIVILEGES ACT, 1982

"AN''

ACT

to determine the emoluments,allowances and privileges of Governors.

Be it enacted by Parliament in the Thirty-third Year of the Republic of

India as follows:-

1. (1) This Act may be called the Governors (Emoluments, Allowances Short title,extent

and Privileges)Act, 1982 and commencement.

(2) It extents to the whole of India except the State of Jammu and

Kashmir.

(3) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette appoint.

2. In this Act, unless the context otherwise requires:-

(a) "Governor" means the Governor, or any person discharging

the functions of the Governor, of any State or of two or more States;

(b) "maintenance;,-

(i) in relation to official residence, includes the provisions of

electricity,gas, and water;

(ii) in relation to motor vehicles includes the pay and allo-

wances of chauffeurs and the provision of oil and petrol or other

fuel;

(c) "member of the family" in relation to a Governor means the

spouse and the dependent children of the Governor;

2

(d) "official residences" in relation to a Governor, means such resi-

dences as may be specified by the President, by notification in the Official

Gazette, as the official residences of the Governor and include the staff

quarters and other buildings appurtenant thereto and the gardens thereof;

(e) "rules" means rules made under this Act;

(f) "State" does not include a Union territory.

Emoluments. 3. There shall be paid to every Governor emoluments at the rate of

rupees five thousand five hundred per mensem:

Provided that if a Governor, at the time of his appointment—

(a) is in receipt of a pension (other than disability wound pension)

in respect of any previous service under the Government of India or any

of its predecessor Governments or under the Government of State or any

of its predecessor Governments his emoluments shall be reduced,-\

(i) by the amount of that pension; and

(ii) if he has, before such appointment, received in lieu of a

portion of the pension due to him in respect of such previous service,

the commuted value thereof, by the amount of that portion of the

pension; and

(iii) if he has, before such appointment, received a retirement

gratuity in respect of such previous service, by the pension equivalent

of that gratuity; or

(b) is in receipt of any benefit by way of contributory provident

fund, his emoluments shall be reduced by the pension equivalent of such

benefit.

Leave allowance. 4. (1) Subject to any rules made in this behalf, the President shall

grant such leave to a Governor as he may consider necessary.

(2) Where a Governor is granted leave by the President, he shall, during

the period of such leave, be paid leave allowance at such rate as the President

may by order determine:

Provided that such leave allowance shall be reduced to extent,

if any, to which the emoluments of the Governor are liable to be reduced

under the proviso to section 3.

Use and mainten- 5. A Governor shall be entitled, without payment of rent, to the use of

ance of official resi- his official residences throughout his term of office and no charge shall fall on

dences. the Governor personally in respect of the furnishing or the maintenace of such residences.

Household establish- 6. Subject to any rules made in this behalf, no charge shall fall on a

ment. Governor personally in respect of pay, allowances or pension or other emolu-

ments paid to, or facilities, provided for, the members of the household

establishment provided to the Governor.

Medical treatment. 7. Subject to any rules made in this behalf, a Governor and the member

of his family shall be entitled during the term of his office and thereafter also,

to free medical attendance, accommodation and treatment in the hospitals

maintained by the Central Government or the Government of any State.

Conveyance. 8. (1) A Governor shall be entitled to use without payment of rent or

hire, such number of motor vehicles as the President may by order determine,

(2) No charge shall fall on a Governor personally in respect of the main-

tenance of the motor vehicles referred to in sub-section (1).

(3) The use of the motor vehicles referred to in sub-section (1) by the

members of the family of a Governor shall be regulated by rules made in this

bnehalf.

Travelling allow- 9. Subject to any rules made in this behalf, a Governor shall be entitled

ance on assumption to travelling allowancw for himself and the members of his family and for the

or vacation of office. transport of his and his family’s effects-

3

(a) in respect of the journey for assuming office from the place where

he is ordinarily residing to the place of his duty; and

(b) in respect of the journey on relinquishing office from the place

of his duty to the place where he would ordinarily reside thereafter or if

he is to take up any other office under the Government (including the

office of the Governor of another State) after such relinquishment, to the

place of duty with respect to such other office.

10. Subject to any rules made in this behalf, a Governor shall be entitled allowances for re-

to such allowances for renewing the furnishings and for the maintenance of the rewing furnishings

official residences, as the President may by order determine. and for maintenance

of official residences.

11. For the purpose of enabling a Governor to discharge conveniently and Other privileges and

with dignity the duties of his office, he shall be— allowances.

(i) entitled to such other privileges as may be prescribed by rules

made in this behalf, and

(ii) paid, subject to any rules made in this behalf, such amount, as

the President may, by general or special order, determine by way of the fol-

lowing namely:—

(a) entertainment allowance;

(b) hospitality grant;

(c) household establishment expenses;

(d) office expenses;

(e) contract allowance, i.e., an allowance for miscellaneous expenses;

(f) tour expenses; and

(g) such other allowances or expenses as may be provided for by

rules.

12. (1) Where, in the case of any Governor, the President is satisfied Additional expenses.

that the amount authorised under this Act by way of any allowances or for

meeting any expenses with respect to any matter requires to be increased or

that a need has arisen to sanction expenses with respect to any matter for

which provision, though permissible, has not been made in the rules made

under this Act, he may by special order increase such amount or sanction such

expenses to such extent as may be specfied in such order.

(2) An order may be made under sub-section(1) so as to have retros-

pective effect.

(3) Every order made under this section shall be laid, as soon as may be

after it is made, before both Houses of Parliament.

13. (1) The President may, by notification in the Official Gazette, make Power to make rules.

rules for the purpose of giving effect to the provisions of this Act.

(2)In particular, and without prejudice to the generality of the foregoing

power,such rules may provide for all or any of the following matters namely ;-

(a) grant of leave to a Governor under section 4;

(b) matters relating to the household establishment provided to a

Governor under section 6;

(c) medical attendance, accommodation and treatment of a Gover-

nor and the members of his family under section 7;

(d) the use of motor vehicles by the members of the family of a

Governor under sub-section (3) of section 8;

(e) the travelling allowance on assumption or vacation of office of a

Governor under section 9;

(f) allowances for renewing the furnishings and for the maintenance

of the official residences under section 10;

(g) the privileges to which a Governor is entitled and the allowan-

ces or expences payable to a Governor under section 11.

4

(3) Every rule made by the President under this Act shall be laid, as soon

as may be after it is made, before each House of Parliament, while it is in

session, or in two or more successive sessions and if before the expiry of the

session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both Houses

agree that the rule should not be no effect, as the case may be; so however,

only any such modification or annulment shall be without prejudice to the vali-

dity of anything previusly done under that rule.

Validation. 14. (1) Every special order issued, before the commencement of this

Act, by the President in regard to the allowances expenses (including medi-

cal expenses) or privileges of any Governor (other than the Governor of

tive effect or is inconsistent with any general order issued under any law with

respect to those matters, be as valid and this sub-section had been in for-

med part of this sub-section and this sub-section had been in force at all ma-

terial times.

(2) Every general or special order issued before the commencement

of this Act, by the President in regard to the allowances expences (including

medical expences ) or privileges of the Governor of Nagaland shall, notwith-

standing that such order was made with retrospective effect, be as valid and

efective as if it formed part of this sub-section and this sub-section had been

in force at all meterial times.

Saving. 15. Nothing contained in this Act or the rules made thereunder shall

have effect so as to diminish the emoluments and allownaces of any Governor

during his term of office.

GIANI ZAIL SINGH

Presidnet.

________________

R.V.S. PERI SASTRI

Secretary to the Govt. of India

By Order,

B.R.PRADHAN,


Law Department

F.No. 11 (256)LD/.81

______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 128 Gangtok, Tuesday, August 30,1983.

______________________________________________________________________________________


LAW DEPARTMENT

GANGTOK

Notification No. 13/LD/RC/83. Dated the 27th August, 1983.


dent of India on the 2nd March, 1983 and published in the Gazette of India, Extraordinary Part

II, Section 3(ii) dated the 5th March, 1983, is republished for general information:-

S.O, 163(E)— In exercise of the powers conferred by clause (n) of article 371F of the

Constitution, the President hereby extends to the State of Sikkim the Industries (Development

and Regulation) Act, 1951 (65 of 1951) and all rules, orders including notified orders, directions

and notifications made thereunder subject to the following modifications, namely:—

(1) In section 30, in sub-section (1) of the said enactment the words and commas,

"subject to the condition of previous publication," shall be omitted;

(2) Any reference in the said enactment to a law not in force or to a functionary not

in existence, in the State of Sikkim shall be construed as a reference to the corresponding law in

force, or to the corresponding functionary in existence, in that State:

Provided that if any question arises as to who such corresponding functionary, is or if



(3) Notwithstanding anything contained in the relevant provision, if any, of the said

enactment,for the commencement thereof, the provisions of the said enactment shall come

into force in the State of Sikkim on and from the date of publication of this notification in the

Gazette of India.

ZAIL SINGH,

President.

____________

LP. GUPTA,

Joint Secretary to the Govt, of India.

_________________________

B. R. PRADHAN,


Law Department

F.No. 11(300)LD/83

_______________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 129 Gangtok, Saturday, September 3,1983.

______________________________________________________________________________________


GANGTOK

NOTIFICATION

No. SLAS/83-84/204/782. Dated Gangtok, the 2nd September, 1983.


Sikkim Legislative Assembly, the Speaker has been pleased to order the pre-publicatio of

the following Bill:—

SIKKIM PUBLIC WORKS (LIABILITY OF GOVERNMENT AND

CONTRACTOR) BILL, 1983

BILL NO. 8 OF 1983

A

BILL

to provide for liability of the Government and the contractor for certain

damage caused to the property in the course of executing a contract and for matters

connected therewith.


Republic of India as follows :-

1. (1) This Act may be called the Sikkim Public Works (Liability of Government Short title, extent

and Contractor) Act, 1983. and commencement.



notification, appoint.


(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 especally

appointed by the Government to perform the fuctions of the Collector

under this Act;

2

(4) 'contractor' means a person or association of persons whether incorpora-

ted 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 anything attached to the earth;

(7) "notification" means a notification published in the Official Gazette;

(8) "person interested" includes all persons claiming an interest,

sation 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 un-

der 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 made under this Act;

(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 clue 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 negligences on the part of the contrac-tor;

(c) any other damage which, in the opinion of the Chief Engineer, for

reasons to be recorded in writing, is not an avoidable damage.

Imposition of res- 3. (1) Whenever it appears to the Government that it is necessarry to impose

tractions. restrictions upon the use and enjoyment of land in the vicimity of any

public work or of any site intended to be used or to be acquired for nay

such work, it may , by notification, impose such restriction 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 Collec-

tor 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 obstruc-

tions specified therein.

Powers to do cer- 4. It shall be lawful for such officer as the Government may, by general or special or-

tain preliminary der, authorise in this behalf, and for his employees, servants and workmen, at any time

acts after public- after the publication of the notification under section 3, to enter upon and survey and

ation of notifi- take levels of any land in such locality, to dig or bore into the sub-soils, to do all other

cation under section acts necessary to ascertain whether any land, if so, what restrictions should be imposed

3. 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 boundry 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 enclo-

sed courtyard or garden attached to a dwelling house unless with the consent of the

occupier thereof or without previously giving such occupier atleast seven days notice

in writing of its intention to do so.

Payment for 5. The Officer authorised under section 4 (hereinafter referred to as the authorised

damage. officer) shall at the time of such entry pay, or tender for payment all avoidable damage

done or proposed to be done and, in case of dispute as to the sufficiency of the amount

so paid or tendered, he shall at once refer the dispute to the decision of the Collector

whose decision shall be final.

3

6. (1) Whenever a notification has been issued under section 3, it shall be law- Further powers

ful for the authorised officer or his employees, servants and workmen to exercisable after

enter and demolish any building or other construction on the surface, publication o notifi-

to cut down or grub up all or any trees, to remove or alter all or any of the cation under sec-

banks, fences, hedges and ditches, to make underground and other drains, tion 3.

to fill up all excavatons, and demolish all buldings and other constructions

below the surface, and generally to level and clear the said land and. to do

all such acts for levelling and clearing the same as he may deem necessary

or proper, but in such manner nevertheless that evidence of the bounda-

ries held by different owners may be preserved.

(2) In case of emergency, the Government may, by notification, declare

that all or any powers conferred by sub-section (1) may be exercised at

any time within one month after the publication of the notification under

section 3 and such powers may be exercised accordingly.

(3) Nothing in sub-section (1) shall preclude the authorised officer or his

employees, servants and workmen from exercising at any time the said

powers for the purpose of removing, wholly or in part, any building or

other obstruction, maintained, created or added to, altered, planted,

stacked, stored or otherwise accumulated in contravention of this

Act or of any rules or order made thereunder.

7. On and from the date of publication of the notification under section 3, such of the Nature of res-

following restrictions, as the Government may, in its discretion, declare therein, shall trictions.

attach with reference to such land, namely :-

(a) no variation shall be made in the ground-level, and no building, wall, bank

or other construction above the ground shall be maintained, erected, added

to or altered otherwise than with the previous written approval of the Go-

vernment or any Officer authorised by it in this behalf;

(b) no wood, earth, stone, brick, gravel, sand or other material shall be

stacked or stored or otherwise accumulated, and if any of such materials

have been stacked or stored they shall be removed forthwith;

(c) no live-hedges, rows or clumps of trees or orchards shall be maintained,

planted, added to or altered otherwise than with the previous approval of

the Government or any Officer authorised by it in this behalf.

8. (1) Before the expiry of 3 months from the date of publication of the notifica- Notice to persons

tion under section 3, the Collector shall issue a notice to all persons in- interested.

terested in such land giving the date and time on which an enquiry for assess-

ment of damage is to be held.

(2) Such notification shall be served in accordance with the provisions of the

Code of Civil procedure, 1908.

5 of 1908

(3) A person interested may, if he so desires, file a written objection before the

Collector.

(4) On the day so fixed under this section or any other date to which the enquiry

is adjourned, the Collector shall proceed, enquire into the objections (if

any) filed by any person interested in the land and determine the amount

of damage and the interest of the person claiming the compensation and shall

make an award under his hand of :-

(a) the true area of the land and the nature of damage;

(b) the compensation which, in his opinion, should be allowed for any

damage caused or likely to be caused due to the execution of any

public work or imposition of any restrictions;

(c) the appointment of the compensation among all the persons known

or believed to be interested in the land, of whom or of whose claims

he has information, whether or not they appeared before him.

(5) The Collector shall give immediate notice of the award made by him to

such of the persons who are interested in the land but who are not present

personally or by their representatives when the award was made.

4

Adjournment of 9. The Collector may, for any cause he thinks fit, from time to time, adjourn the en-

enquiry. quiry to a day to be fixed by him..

Power to summon and 10. For the purpose of enquiry under this Act, the Collector shall have power to summon

enforce attendance and enforce the attendance of witnesses including the persons interested or any of them and

of witnesses, etc. compel the production of documents by the same means and in the same manner as far

5 of 1908. as may be as is provided in the case of Civil Courts in the Code of Civil Procedure, 1908.

Matters to be 11. (I) In determining the amount of compensation to be awarded for damage cau

considered in deter- sed, or likely to be caused, or for restrictions imposed under this Act,

mining the amount the Collector shall take into consideration —

of compensation.

(a) the actual decrease in market value of the land owing to the public cation of the notify-

cation under section 3;

(b) the damage sustained by the person interested by reason of the

removal of any standing crops, staking or storing of sand, stones or other materials required in

executing the public work; (c) the damage, if any, sustained by the person interested by

reason of ceasing to be able to use such land conjointly with

his other land;

(d) the damage, if any, sustained by the person interested by anything

which injuriously affects his other property, moveable or immova-

ble, in any other manner, or his earnings; and

(e) if, in consequence of the imposition of restrictions, the person

interested is compelled to change his residence or place of business

the reasonable expenses incidental to such change .

(2) In addition to amount of award, the Collector shall in every case award

a further sum equivalent to fifteen percent of such award.

Matters not to be 12. (I) In determining the amount of compensation to be awarded for damage,

considered in deter- caused or likely to be caused for restrictions imposed under this Act,

mining the amount the Collector shall not take into consideration—

of compensation. (a) the degree or urgency which has led to the damage or the imposi-

tion of restrictions;

(b) disinclination of the person interested to submit to damage or res-

trictions;

(c) any damage sustained by him, which, if caused by a private per-

son, would not render such person liable to a suit;

(d) any increase in the value of the other land of the person interested

occuring or likely to occur from anything done under this Act ; or

(e) any outlay or improvements on, or disposal of, the land commenced,

made or effected without the previous approval of the Government

after the date of publication of the notification under section 3.

(2) While making the award under this Act the Collector shall indicate therein.

whether the damage is avoidable or unavoidable.

Damage by whom 13. (1) Where the damage is unavoidable it shall be paid by the Government

payable. any other persons or agency on whose behalf the work is being executed

to the persons interested in accordance with the award made by the

Collector and where the damage is avoidable it shall be payable by the con-

tractor within such time as may be specified in the notice issued by the

authorised officer.

(2) The authorised officer shall issue or cause to be issued a notice upon the

contractor calling upon him to deposit with such Officer the amount of the

award within such time and such manner as may be specified in notice.

(3) Where the contractor fails to comply with the notice issued under sub-

section (2), it shall be lawful for the authorised officer to recover the amount

on account of damage as given in the award from the payments due to the

contractor or from the earnest money or security deposit of the said con-

tractor lying with the Government whether or not under the said contract.

5

(4) The authorised officer may pay to the person interested the amount of com-

pensation either in cash or draft on execution of indemnity bond by the

person concerned.

(5) It shall be the duty of the Government to make available to the authorised

officer the amount of compensation payable for unavoidable damage and

the authorised officer shall distribute the said amount in the manner speci-

fied in sub-section (4).

(6) Where any amount of compensation lies undisbursed with the authorised

officer, he shall keep the same in deposit in the bank as may be directed by

the Government.

14. (7)Where the payments due to a contractor in respect of any public work, Procedure where

the earnest money or security deposits of such contractor are found by the the payment due

authorised officer to be insufficient to meet the amount stated in the award, to contractor are

such authorised officer shall prepare a certificate of dues and send the same insufficient.

to the Judicial Magistrate of the first Class of the area in which the land is

situated.

(2) The Judicial Magistrate of the first Class to whom such certificates is sent

shall forthwith realise the amount due from the contractor as if it were a fine

imposed by him and upon recovery of the amount, transmit the same to

the authorised officer.

15. (7) Service of any notice under this Act shall be made by delivering or tendering Services of

a copy thereof signed, in the case of a notice under section 3, by the officer notices.

therein mentioned and in the cases of any other notice, by an order of the

Collector.

(2) Whenever it may be practicable, the service of the notice shall be made on

the person therein named.

(3) When such person cannot be found, the services may be made on any adult

male member of his family residing with him; and, if no such adult male can

be found, the notice may be served by affixing a copy on the outer door of

the house in which the person therein ordinarily dwells or carries on busi-

ness, or by fixing a copy thereof at some conspicious place in the Court

House and also in same conspicious part of the land upon which restrictions

are to be imposed :

Provided that, if the Collector so directs, a notice may be sent by

registered post with A-D in a letter addressed to the person named therein

at his last known residence, addresss or place of business, and service of it

may be proved by the production of the addressee's receipt or postal

receipt.

16. (1) Any person aggrieved by the award made by the Collector under this Act Appeal.

may, within 30 days from the date of the knowledge of award, prefer an

appeal to the Government in the form of a Memorandum giving the grounds

of such appeal:

Provided that the Government may admit the appeal after the expiry

of period of 30 days if it is satisfied that the appellant was prevented by su-

fficient cause from filing the appeal within the time prescribed.

(2) No appeal shall be disposed of unless after giving the person concerned an

opportunity of being heard.

(3) The decision of the Government under this section shall be final and an

appeal against such decision shall, notwithstanding anything to the

contrary contained in any other law, lie to the High Court only.

17. No awrard made or appeal preferred under this Act shall be chargeable with stamp Exemption from

duty and person claiming under any such award shall be liable to pay fee for a copy of the duty and fees.

said award or decision of the Government.

18. No suit, prosecution or other legal proceedings shall lie against any person for any- Protection of action

thing which is in good faith done or intended to be done under this Act or the rules made taken in good faith.

thereunder.

6

Offence by com- 19. (1) If the person committing an offence under this Act, or the rules thereunder

panies. is a Company,evexy person, who at the time the offence was committed,

was in charge of, and was responsible to, the company for the conduct of

the business of the company, as well as the company, shall be deemed to be

guilty of the cintravention and shall be liable to be proceeded against and

punished accordingly;


such person liable to any punishment if he proves that the offence was com-

mitted without his knowledge or that he exercised all due diligence to pre-


(2) Notwithstanding anything contained in sub-section (1) where the offence

under this Act or the rules made thereunder has been committed by a com-

pany and it is proved that the offence has been committed with the consent or

connivance of, or is attributable to any neglect on the part of any director

or manager, Secretary or other officer of the company such director, mana-

ger, Secretary or othier officer shall also be deemed to be guilty of that

offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section.

(a) "company" means any body corporate and includes a firm or other asso-

ciation of individuals; and


Penalties. 20. Whoever contravenes the provisions of this Apt or any rules, or notification made

thereunder shall be liable to be punished with imprisonment for term which may extent to

six months or to a fine which may extend to rupees two thousand.

Power to remove 21. If any difficulty arises in giving effect to any of the provisions of this Act the Govern-

difficulties. ment, may, by order, remove such difficulty:

Provided that no such order shall be made after the expiration of period of two

years from the date of commencement of this Act.

Power to make 22. The Governement may, by notification, make rules for the purpose of of giving effect

rules. to the provisions pf this Act.

Validation of Acts 23. All things done, actions taken or payments realised from a contractor for any damage

done or payments caused before the commencement of this Act shall, in so far as they are in conformity with

realized before the the provisions of this Act, be deemed to have been done, taken or made under this Act,

commencement of as if it was in force at the time such things were done, actions were taken or payment were

this Act. deducted or realised.

7


In the State of Sikkim many developmental works are being undertaken every year. These

works relate to construction of Government buildings, roads, bridges etc. Due to the hilly terrain of

the land the contractor has to blast the rocks, which cause damage to the standing crops ; uproots the trees and des-

troys the dwelling units of busty wallas. The Government has ascertained that the damage caused by steep

rock cutting is either avoidable ar unavoidable. The Government does not think it proper to recover from the

contractor any amount on account of unavoidable damage. It is however proposed that the contractor should

be responsible for the damage which he could have avoided.

The Bill seeks to achieve the above objects.

Gangtok, Dated.................................August, 1983. (SAMTEN TSHERING),

Minister-in-Charge.


Sub-clause (1) of clause 13 provides that the damage which is unavoidable shall be paid by the

State Government. The amount payable on account of unavaoidable damage cannot be estimated at this

junctions. However, the expenditure on account of such damage would be met out of the fund already provi-

ded for respective projects. As such, the Bill when enacted and brought into force as an Act would not

involve any expenditure other than that which has already been sanctioned for various projects.


Clause 22 of the Bill empowers the Government to make rules for the purpose of giving effect

to the provisions of the Bill. The rules which may be made under this provision will relate to matters of detail

and procedures. The delegation is therefore normal in character.

By Order,

R. K. GUPTA,

Secretary.

____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 130. Gangtok, Monday, September 5, 1983.

_________________________________________________________________________________


GANGTOK

NOTIFICATION

No. SLAS/83-84/204/793. Dated Gangtok, the 5th September, 1983.



following Bill:-

THE SIKKIM APPROPRIATION BILL, 1983

BILL NO. 9 OF 1983

A

BILL

to authorise payment and appropriation of cartain further sum from and out of the Consolidated Fund of the


BE it enacted by the Legislature of the State of Sikkim in the Thirtyfourth year of the Republic

of India as follows :-


Issue of Rs. 2,94, 2. From and out of the Consolidatad Fund of the State of Sikkim there may be paid and

09,000 out of the applied sum not exceeding that specified in column 3 of the Schedule amounting to

Consolidated two crores nintyfour lakhs nine thousands of rupees towards [defraying the charges

Fund of the State which will come in course for payment during the financial year 1983-84 in respect

of Sikkim for the the services of specified in column 2 of the Schedule.

Financial year

1983-84.

Appropriation 3. The sum authorised to be paid and applied from and out of the Consolidated Fund

of State of Sikkim by this Act shall be appropriated for the services and purposes

expressed in the Schedule in relation to the said year.

2

THE SCHEDULE

(See Saction 2 and 3) ________________________________________________________________________________________________

1 2 3

________________________________________________________________________________________________

SUMS NOT EXCEEDING

No. of SERVICE AND PURPOSES Voted by Charged on Total

Vote the Legisla- the Conso-

tive Assembly lidated

Fund


________________________________________________________________________________________________




4. Animal Husbandry Capital 352 — 352



17. Home Department Revenue 645 — 645






30. Power Capital 10587 — 10587



_________________________________________

Total 29324 85 29409

_________________________________________


This Bill is introduced in pursuance of Article 204(1) of the Constitution of India, read with

Article 205, thereof to provide for the appropriation out of the Consolidated Fund of the State of Sikkim and the

moneys required to meet the expenditure charged on the Consolidated Fund of the State of Sikkim and the

Suppelmentary Grants made by the Legislative Assembly for expenditure of the Government for the

financial year 1983-84.

B.B. GURUNG,

Minister-in-charge

Department of Finance

Govt. of Sikkim.

By Order, R.K.GUPTA,

Secretary

_______________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 131 Gangtok, Monday, September 5,1983.

_______________________________________________________________________________________


GANGTOK

NOTIFICATION





THE SIKKIM APPROPRIATION BILL 1983

BILL NO. 10 OF 1983

A

BILL

to provide for the authorisation of appropriation of moneys out of the Consolidated Fund of State of Sikkim

to meet the amounts spent on certain services during the financial year ended on 31st day of March 1978 and

31st day of March 1979, in excess of the amounts authorised or granted for the said services.

Be it enacted by the Legislature of the State of Sikkim in the Thirtyfourth year of the Republic


Short title 1. This Act may be called the Sikkim Appropriation Act,1983.

Issue of 2. The sums specified in Cloumn (5) of the Schedule amounting to eleven lak ,thirty

Rs. 11, 34,054 four thoudsand and fiftyfour rupees shall be deemed to have been authorised to be

of the Consolida- paid and applied from and out of the Consolidated Fund of the State of Sikkim to meet

ted Fund of the the amounts spent for defraying the charges in respect of the services and purposes

State of Sikkim specified in Column (2) of the Schedule during the financial year ended on the 31st

for the financial day of March 1978 and 31st day of March 1979 excess of the amounts authosried

yeat ended on or granted for those services and purposes for those years.

the 31st March,

1978 and 31st

March, 1979.

Appropriation. The sums deemed to have been authorised to be paid and applied from and out of

the Consolidated Fund of the State under this Act shall be appointed and shall be

deemed to have been appropriated for the services and purposes specified in the

Schedule in relation to the financial year ended on 31st March 1978 and 31st day of

March 1979.

THE SCHEDULE

(See Sections 2 and 3)

Sums not exceeding

_______________________________________________________________________________________________

De- Services and, Purposes Voted by the Charged on Total

mand Legislature Consolida-

No. Assembly ted Fund

_______________________________________________________________________________________________

1 2 3 4 5

_______________________________________________________________________________________________

Rs. Rs. Rs.

2o. Administration of Justice Revenue — 15,928 15,928

6. Co-operation Capital 2,91,062 — 2,91,062

11. Excise (Abkari) Revenue 1,574 — 1,574

12. Finance Department Revenue 37,249 — 37,249

16. Forest, Fisheries and Soil Conservation Revenue 7,57,191 — 7,57,191

20. Administration of Justice Revenue — 17,533 17,533

21. Police Capital — 12,240 12,240

29. Tourism Capital 1,277 ---- 1,277

_____________________________________________

Total 10,88,353 45,701 11,34,054

_____________________________________________


This Bill is introduced in pursuance of Sub-clause (b) of clause (1) of Article 205 read with clause

(1) of Article 204 of the Constitution to provide for the appropriation out of the Consolidated Fund of the State

of Sikkim, of the moneys required to meet the grants made by the Sikkim Legislative Assembly to cover the

excess expenditure incurred during 1977-78 and 1978-79.

B.B. GURUNG

Minister-in-charge,

Minister of Finance,


By Order,

R. K. GUPTA,

Secretary.

_______________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 132 Gangtok, Friday, September, 9, 1983.

______________________________________________________________________________________



GANGTOK

Notification No. 12i(678)C/LAC Dated Gangtok, the 22nd August, 1983.

Whereas the land whose description is given below was likely to be needed for public

purpose and a notification to that effect had been made in the official Gazette vide volume

Nos.153 and 86 dated 18th November, 1978 and August 17th, 1981 respectively under Section

4 & 6 of the Land Acquisition Act, 1894 and whereas it has subsequently been revealed that

the land is not required for public purpose and that possession over the land has not been taken

over by the Collector-cum-Sp, LAO the notification made earlier under Section 4 & 6 of the

Land Acquisition Act, 1894 is hereby cancelled.

Discription of the land;-

Khasra No. 1 and 2 comprising an area 3.60 acres of priate land situated at Rabong North Sikkim.

Block :--- Rabong, Lachen Elakha

District :- North

Boundaries :- East, West, South & North-Private holdings.

K. SHERAB,

Secretary,



__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 133 Gangtok, Friday, September 9,1983.

_________________________________________________________________________________________



Notification No.122 (678)C/LAC. Dated Gangtok, the 22nd August, 1983.

Whereas the land whose description is given below was likely to be needed for public

purpose and a notification to that effect had been made in the official Gazette vide volume Nos.

154 and148 dated 20th Nov. 1978 and 7th Nov. 1981 respectively under Section 4 & 6 of the

Land Acquisition Act, 1894 and whereas it has subsequently been revealed that the land is not

required for public purpose and that possession over the land has not been taken over by the

Collector-cum-Sp. L.A.O., the notification made earlier under Section 4 & 6 of the Land Acqui-

sition Act, 1894 is hereby cancelled.

Description of the land:

Khasra No. 390 and 431 in full. 398 in parts comprising an area 10.55 acres of private land

situated at Theng, North Sikkim.

Block :- Theng Elakha Chungthang.

District :—North.

Boundaries:-East, Govt. Land, West-Labja Lepcha, North-Jhora and South-Laeure Lepcha.

K. SHERAB,

Secretary



__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 135 Gangtok, Friday, September 9,1983

_______________________________________________________________________________________


LAW DEPARTMENT

GANGTOK

Notification No. 14/LD/RC/83. Dated the 29th August, 1983.


dent of India on the 22nd July, 1983 and published in the Gazette of India, Extraordinary, Part

II, Section 3(ii) dated the 29th July, 1983, is republished for general information:—

SO. 529(E).. In exercise of the powers conferred by clause (n) of article 371F of the

Constitution, the President hereby extends to the State of Sikkim the enactments specified in the

Schedule annexed hereto, subject to the modifications, if any, specified in that Schedule and the

following further modifications, namely:—

(1) Any reference in the said enactments to a law not in force, or to a functionary

not in existence, in the State of Sikkim shall be construed as a reference to the corresponding law

in force, or to the corresponding functionary in existence, in that State:

Provided that if any question arises as to who such corresponding functio-

nary is, or if there is no such corresponding functionary, the Central Government shall decide

as to such functionary will be and the decision of the Central Government shall be final.


such enactment for the commencement thereof, the provisions of each such enactment shall come

into force in the State of Sikkim on such date as the Central Government may, by notification

in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of any

enactment and for different areas in the State of Sikkim and any reference in any such provision

to the commencement of the Act shall be construed as a reference to the coming into force of

that provision in the area where it has been brought into force.

2

THE SCHEDULE

________________________________________________________________________________________________________

S. No. Year No. Short title Modification

________________________________________________________________________________________________________

(1) (2) (3) (4) (5)

________________________________________________________________________________________________________

1. 1839 — 32 Interest Act, 1839 In section 1, after the words "if it

shall think fit", the words" and sub-

ject to the provisions of any other

law for the time being in force" may

be added.

2. 1850 — 37 Public Servants'(Inquiries)

Act, 1850 In section 25, after the words "autho-

rity of Government", the words" "or

the authority to which the person

accused is subordinate" may be ad-

ded.

3. 1855 — 12 Legal Representatives' Suits

Act, 1855 NIL

4. 1855 — 13 Fatal Accidents Act, 1855 NIL

5. 1865 ---- 3 Carriers' Act, 1865 NIL

6. 1872 — 9 Contract Act, 1872 NIL

7. 1873 — 5 Government Savings Bank

Act, 1873 NIL

8. 1875 — 9 Indian Majority Act, 1875 NIL

9. 1882 — 2 Trusts Act, 1882 NIL

10. 1882 ---- 4 Transfer of Property Act, 1882 NIL

11. 1882 — 5 Easements Act, 1882 NIL

12. 1882 — 7 Powers-of-Attorney Act, 1882 NIL

13. 1890 __ 1 Revenue Recovery Act, 1890 NIL

14. 1890 — 8 Guardians and Wards Act, 1890 NIL

15. 1891 — 18 Bankers' Books Evidence Act, 1891 NIL

16. 1893 — 4 Partition Act, 1893 NIL

17. 1895 — 15 Government Grants Act, 1895 NIL

18. 1917 --- 18 Post Office Cash Certificates Act, 1917 NIL

19. 1920 — 33 Identification of Prisoners Act, 1920 NIL

20. 1921 — 18 Maintenance Orders Enforcement Act, 1921 NIL

21. 1922 — 22 Police (Incitement to Disaffection) Act, 1922 NIL

22. 1923 — 8 Workmen's Compensation Act, 1923 NIL

23. 1925 — 4 Soldiers, (Litigation) Act, 1925 NIL

24. 1925 — 19 Provident Funds Act, 1925 NIL

25. 1930 __ 2 Dangerous Drugs Act, 1930 NIL

26. 1930 __ 3 Sale of Goods Act, 1930 NIL

27. 1932 — 9 Partnership Act, 1932 The words "Vernacular" in section

72, wherever it occurs may be omitted.

28. 1938 5 — Manoeuvres Field Firing and Artillery NIL

Practice Act, 1938.

3

________________________________________________________________________________________________________

(1) (2) (3) (4) (5)

________________________________________________________________________________________________________

29. 1938 — 20 Criminal Law Amendment Act, 1938 NIL

30. 1938 — 24 Employers' Liability Act, 1938 NIL

31. 1939 — 30 Commercial Documents Evidence

Act, 1939 NIL

32. 1940 — 10 Arbitration Act, 1940 NIL

33. 1940 — 23 Drugs and Cosmetics Act, 1940 NIL

34. 1947 __ 18 Imports and Exports (Control) Act, 1947 NIL

35. 1955 — 22 Protection of Civil Rights Act, 1955 NIL

36. 1955 — 32 Prisoners, (Attendence in Courts) Act, 1955 NIL

37. 1956 — 33 Inter-State Water Disputes Act, 1956 NIL

38. 1956 --- 49 River Boards Act, 1956 NIL

39. 1956 — 93 Young Persons (Harmful Publications)

Act, 1956 NIL

30. 1956 — 104 Suppression of Immoral Traffic in

Women and Girls Act, 1956 NIL

41. 1958 — 20 Probation of Offenders Act, 1958 NIL

42. 1960 — 39 Prevention of Cruelty to Animals

Act, 1960 NIL

43. 1963 — 36 Limitation Act, 1963 (i) For section 30, the

following may be substituted :—

"Notwithstanding anything con-

tained in this Act, any suit, ap-

peal or application, which could be

instituted, preferred or made before

the commencement of this Act and

for which the period of limitation is

shorter than the period provided

therefor by the law in force in Sik-

kim immediately before such com-

mencement, may be instituted, pre-

ferred or made within the period

provided by such law".

(ii) In section 31 (a) for the

words "Indian Limitation Act, 1908,

expired before the commencement

of this Act", the words "law in force

in Sikkim immediately before the

commencement of this Act, expired

before such commencement" be subs-

tituted.

44. 1953 __ 47 Specific Relief Act, 1963 NIL

45. 1969 __44 Oaths Act, 1969 NIL

46. 1971 — 34 Medical Termination of

Pregnancy Act, 1971 NIL

47. 1967 — 25 Press and Registration of

Books Act, 1867 NIL

48. 1910 __ 9 Electricity Act,1910 NIL

49. 1948 --- 54 Electricity (Supply) Act, 1948 NIL

50. 1953 --- 32 Collection of Statistics Act, 1953 NIL

4

________________________________________________________________________________________________________

(1) (2) (3) (4) (5)

________________________________________________________________________________________________________

51. 1952 — 36 Indian Standards Institution

(Certification Marks) Act, 1952 NIL

52. 1965 — 42 Cardamom Act, 1965 NIL

53. 1962 — 58 Warehousing Corporations

Act, 1962 NIL

ZAIL SINGH,

President.

_____________

LP. GUPTA,

Joint Secretary to the Govt, of India

_______________

B. R. PRADHAN,


Law Department

F. No. 11(46)/LD/83

________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 135 Gangtok, Tuesday, September 13, 1983.

___________________________________________________________________________________________


FINANCE DEPARTMENT

NOTIFICATION

No. 5/FIN. Dated Gangtok, the 1st September, 1983.

In exercise of the powers conferred by the proviso to article 309 of the constitution, the

Governor hereby makes the following rules further to amend the Sikkim Finance and Accounts

Service Rules, 1983, namely:—

1. (i) These Rules may be called the Sikkim Finance and Accounts Service (Amend-

ment; Rules, 1983. 2.

(ii) They shall come into force at once.

2. In the Sikkim Finance and Accounts Service Rules, 1978, in sub-rule (2) of rule 8

(a) Clause (a) shall be omitted.

(b) The words "as finally approved by the Commission" occuring in the first sentence

of last paragraph shall be omitted.

K. C. PRADHAN,


Finance Department.

____________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 136 Gangtok, Tuesday, September 13,1983.

____________________________________________________________________________________________


DEPARTMENT OF COMMERCIAL TAXES

NOTIFICATION

No. 832//ST/3608. Dated Gangtok, the 12th August, 1983.

In supersession of this Department's notification No 2633-500/ST, dated the 7th May,

1983 and in exercise of the powers conferred by clause (c) of sub-section (1) of section 5 of the

Sikkim Sales Tax Act, 1983 (4 of 1983), the State Government hereby specifies that in respect

of all goods other than those specified in Schedule I or Schedule II to the aforesaid Act, the tax

payable by a dealer under the said Act shall be five paise in the rupee.

This notification shall be deemed to have come into force on 12th May, 1983.

K.C PRADHAN,

Secretary,

Finance (Income & Sales Tax) Department.

____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 137 Gangtok, Thursday, September 15,1983.

__________________________________________________________________________________________



NOTIFICATION

No.332/ST/3609 Dated Gangtok, the 12th August, 1983.

In exercise of the powers conferred by sub-rule (2) or rule 6 of the Sikkim Sales Tax

Rule,1983, the Commissioner of Commercial Taxes hereby orders that until further orders,

the powers mentioned at serial numbers 1 to 9 of the Table below sub-rule (1) of the said rule

in respect of the following classes of dealers, shall be exercised by the Deputy Commissioner of

Commercial Taxes, Gangtok.

1. All dealers whose gross turnover is Rs. 1,00,000/- (Rupees one lakh) or more.

2. All Government Departments and Undertakings.

K.C. PRADHAN,

Commissioner of Commercial Taxes,


Gangtok.

____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 138 Gangtok, Friday, September 16, 1983.

___________________________________________________________________________________________


GANGTOK


The following order of the Governor of Sikkim dated 13th September, 1983 is publi-

shed for general information:

"SKM/GOV/989/83— In exercise of the powers conferred by Article 174 (2) (a) of the

Constitution I, Homi J.H. Taleyarkhan, Governor of Sikkim, hereby prorogue the Sikkim

Legislative Assembly which was summoned to meet on Monday, 5th September, 1983.

HOMI. J.H. TALEYARKHAN

Governor of Sikkim"

By Order,

R.K. GUPTA,

Secretary.

______________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.138 Gangtok, Monday, September 19, 1983.

_______________________________________________________________________________________


LAW DEPARTMENT

GANGTOK

CORRIGENDA

Notification No. 10/LD/1983. Dated the 15th September, 1983.

In Law Department's Notification No. 16(83)/LD/1979, dated the 12th October, 1982,

after clause 28, insert—

"B. R. PRADHAN,


Law Department.

F. No. 16 (83) LD/1979."

B. R. PRADHAN,


Law Department.

F. No. 16 (83)/LD/1979.

________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_________________________________________________________________________________________


HOME DEPARTMENT

No. 6(27)Home/83/.790 Dated Gangtok, the 3rd September, 1983

NOTIFICATION

In exercise of the powers conferred by section 12 of the Code of Criminal Procedure,

1898 the State Government hereby appoints the following officers to be Magistrates of the First

Class with immediate effect till the completion of the Sikkim Legislative Assembly 1983 Autumn

Session, to be exercised in the East District.

1. Shri B.K. Kharel, Settlement Officer, Forest Department, Government of Sikkim,

Gangtok.

2. Shri T.P. Basnet, Under Secretary, Law Department, Government of Sikkim

Gangtok.

These officers shall report at once to the District Magistrate, East District.

By Order,

J. T. DENSAPA,

Home Secretary,


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 141 Gangtok, Tuesday, September 20, 1983.

_________________________________________________________________________________________


GANGTOK

Notification No. SLAS/83-84/247/857. Dated Gangtok, the 9th September, 1983.

In modification of Notification No. SLAS/83-84/247/36 dated the 30th March, 1983

Shri C.B. Rai, Shri K.N. Upreti and Shri Sanchaman Limbu, members of the Sikkim Legislative

Assembly were elected as members of the Public Accounts Committee with effect from 7th Sep-

tember, 1983 vice Shri B.B. Gurung, Shri Ram Lepcha, and T.B. Limbu, members of the Sikkim

Legislative Assembly who have ceased to be member of the Public Accounts Committee on

being appointed as Ministers and Chairman of the Sikkim Nationalised Transport, respectively.

Further Shri K.N. Upreti, member of the Sikkim Legislative Assembly was nomina-

ted as Chairman of the Public Accounts Committee with effect from 7th September, 1983.

SONAM TSHERING,

Speaker,


____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_______________________________________________________________________________________


HOME DEPARTMENT

No. 6(21)Home/79/84. Dated Gangtok, the 17th September, 1983.

NOTIFICATION

In exercise of the powers under subsection (1) of section 492 of the Code of Criminal

Procedure, 1898 (Act V of 1898) the State Government hereby appoints Shri J.C. Ghosh,

Advocate to act as Public Prosecutor for the State of Sikkim in Sessions Case No. 40 of 1977

fixed on 1st October 1983 in the Court of the Sessions Judge, Darjeeling to be held at Siliguri.

J.T. DENSAPA,

Home Secretary,


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 143 Gangtok, Thursday, September 22, 1983.

________________________________________________________________________________________


GANGTOK

Notification No. SLAS/83-84/247/858. Dated Gangtok, the 9th September, 1983.

In modification of Notification No. SLAS/82-84/247/37 dated the 30th March, 1982

Shri Sonam Tshering Bhutia and Shri Sherab Palden Lepcha, Members of the Sikkim Legisla-

tive Assembly were elected as member of the Estimates Committee with effect from 7th September-

ber, 1983 vice Shri J.B. Pradhan and Shri T.B.Limbu, Members of the Sikkim Legislative

Assembly who have passed to be the memberof the Estimates Committee having been appoin-

ted as Chairman of the State Bank of Sikkim and Sikkim Nationalised Transport respectively.

Further, Shri Dorjee Tshering Bhutia, member of the Estimates Committee is nomina-

ted as Chairman of the Estimates Committee with effect from 7th September, 1983.

SONAM TSHERING,

Speaker,


________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 144 Gangtok, Friday, September 23,1983.

_______________________________________________________________________________________


LAW DEPARTMENT

GANGTOK

NOTIFICATION

No. 12/LD/1983. Dated the 21st September, 1983.


the Governor on 19th day of September, 1983, is hereby published for general information:—


(ACT NO. 9 OF 1983)

AN

ACT

[ 19.9.1983]

to provide for the authorisation of appropriation of moneys out of the Consolidated Fund of the State of Sikkim

to meet the amounts spent on certain services during the financial year ended on 31st day of March 1978 and

31st day of March 1979, in excess of the amounts authorised or granted for the said services.

Be it enacted by the Legislature of the State of Sikkim in the Thirty-fourth Year of the Republic


Short title. 1. This Act may be called the Sikkim Appropriation Act, 1983.

Issue of 2. The sums specified in column 5 of the Schedule amounting to eleven lakh,thirty

Rs. 11,34,054 out four thousand and fifty four rupees shall be deemed to have been authorised to be

of the Consolida- paid and applied from and out of the Consolidated Fund of the State of Sikkim to meet

ted Fund of the the amounts spent for defraying the charges in respect of the services and purposes

for the financial specified in column 2 of the Schedule during the financial year ended on the 31st

year ended on day of March 1978 and 31st day of March 1979 in excess of the amounts autho-

the 31st March, rised or granted for those services and purposes for those years.

1978 and 31st

March, 1979.

Appropriation. 3. The sums deemed to have been authorised to be paid and applied from and out of

the Consolidated Fund of the State of Sikkim under this Act shall be appropriated

and shall be deemed to have been appropriated for the services and purposes speci-

fied in the Schedule in relation to the financial year ended on 31st March 1978 and

31st day of March 1979.

2

THE SCHEDULE

(See sections 2 and 3)

_______________________________________________________________________________________________________

1 2 3 3 4 5

_______________________________________________________________________________________________________

Sums not exceeding

De- Services and Purposes Voted by the Charged on Total

mand Legislative Consolida-

No. Assembly ted Fund

_______________________________________________________________________________________________________

Rs. Rs. Rs.


6. Co-operation Capital 2,91,062 — 2,91,062

11. Excise (Abkari) Revenue 1,574 — 1,574

12. Finance Department Revenue 37,249 — 37,249

16. Forest, Fisheries and Soil Conservation Revenue 7,57,191 ---- 7,57,191


21. Police Capital — 12,240 12,240

29. Tourism Capital 1,277 — 1,277

____________________________________________

Total 10,88,353 45,701 11,34,054

____________________________________________

B. R. PRADHAN,


Law Department

F. No. 16 (82) LD/1979

_______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 145 Gangtok, Friday, September 23, 1983.

______________________________________________________________________________________


LAW DEPARTMENT

GANGTOK.

NOTIFICATION

No. 11/LD/1983. Dated the 21st September, 1983.


the Governor on 19th day of September, 1983, is hereby published for general information:—


( ACT NO. 10 OF 1983 )

AN

ACT

[ 19.9.1983 ]

to authorise payment and appropriation of certain further sum from and out of the Consolidated Fund of the


Be it enacted by the Legislature of the State of Sikkim in the Thirty-fourth Year of the Republic


Short title. 1. This Act may be called the Sikkim Appropriation Act, 1983.

Issue of Rs. 2,94, 2. From and out of the Consolidated Fund of the State of Sikkim there may be paid and

09,000 out of the applied sum not exceeding that specified in column 3 of the Schedule amounting to

Consolidated two crores ninety-four lakhs nine thousands of rupees towards defraying the charges

Fund of the State which will come in course for payment during the financial year 1983-84 in respect

of Sikkim for the of the services specified in column 2 of the Schedule.

Financial year

1983-84.

Appropriation. 3. The sum authorised to be paid and applied from and out of the Consolidated Fund

of the State of Sikkim by this Act shall be appropriated for the services and purposes

expressed in the Schedule in relation to the said year.

2

THE SCHEDULE

(See sections 2 and 3)

_______________________________________________________________________________________________________

1 2 3

_______________________________________________________________________________________________________

SUMS NOT EXCEEDINg

No. of SERVICE AND PURPOSES Voted by Charged on Total

Vote the Legisla- the Conso-

tive Assembly lidated

Fund


_______________________________________________________________________________________________________




4. Animal Husbandry Capital 352 — 352



17. Home Department Revenue 645 — 645






30. Power Capital 10587 — 10587



____________________________________________

Total 29324 85 29409

____________________________________________

B. R. PRADHAN,


Law Department.

F. No. 16 (82)/LD/l979.

______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 146 Gangtok, Tuesday, September 27,1983

___________________________________________________________________________________________



Notification No.124 (607)/L.R. (S). Dated Gangtok, the 21st September, 1983

Whereas the function of the Central Government under the Land Acquisition Act 1894(I of

1894), in relation to the acquisition of land for the purpose of the Union have been

entrusted to the State Government by notification No. F12018/12/76-LRD dated 10.1.1978

issued by the Government of India in the Ministry of Agriculture and Irrigation under clause (1)

of Article 258 of the constitution of India.


purpose being a purpose of the union, namely for Establishment of Army in the block of

Phadamchen, East District it is hereby notified that a piece of land comprising cadastral plot

No. 47 and 91 in parts and measuring more or less 0.90 acre bounded on the:

East :- Road

West :- Dry filed of S/Shri Ang Temba Sherpa and Ang Rinzi Sherpa

North:- Dak Bunglow Compound

South:- Road & dry field of Ang Rinzi Sherpa

is likely to be needed for the aforesaid public purpose at the public expense within the aforesaid

block of Phadamchen.

This notification is made, under the provision of Section 4 of the Land Acquisition


A plan of land may be inspected in the office of the Collector-cum-Sp. L.A.O., Land

Revenue Department, Govt, of Sikkim, Gangtok.

In exercise of the powers conferred by the said section, read with the said notification,

the Governor is pleased to authorise the officers for the time being engaged in the undertaking,

with their servants and workman to enter upon and survey the land and all other acts required

or permitted by that section.

Any person interested in the above land, who has any objection to the acquisition

thereof, may within thirty days after the date on which public notice of the substance of this

notification is given in the locality, file an objection in writing before the Collector-cum-Sp.

L.O.A., Land Revenue Department, Government of Sikkim, Gangtok.

By Order.

K. SHERAB,

Secretary,


Governement of Sikkim.

______________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_________________________________________________________________________________________



GANGTOK

Notification No. 125(402)/L.R. (S). Dated Gangtok, the 21st September, 1983.

Declaration under Section 6 Act I of 1894.

Whereas the Governor is satisfied that land is needed for a public purpose, not being a

purpose of the Union, namely for construction of J.E. Staff quarter cum Office in the Block of

Rongnek, District East, Gangtok, it is hereby declared that a piece of land comprising cadastral

plots 15A, 16, 23 & 24 (parts) measuring more or less 0.68 acre bounded on the:

Parts of plot No: 23, 24 & 15A Plot No. 16

East : Sarkar East : Sarkar

West: Road West : Kamu Bhutia

North: Road & Sarkar North : Sarkar

South: Land of Choden & Sarkar. South : Phurba Bhutia

Plot No. 23/A

East : Sarkar

West :Road

North : Wang Dorjee

South:Atuk Gathala


Rongnek.

The declaration is made, under the provisions of Section 6 of Act I of 1894, to all

whom it may concern.

A plan of the land may be inspected in the office of the Collector-cum-Sp. L.A.O.,

Land Revenue Deptt, Govt, of Sikkim Gangtok.

By Order,

K. SHERAB,

Secretary,



____________________________________________________________________________________________

S I K K I M


EXTRAORDINARY



__________________________________________________________________________________________



GANGTOK

Notification No. 126(527)/L.R. (S). Dated Gangtok, the 21st September, 1983.

ERRATUM

Erratum to the Notification Nos. 1176(510)LR(S) dated 14th March, 1980 and 3(510)

LR(S) of 28th May, 1980 published in the Govt Gazette vide vol. Nos. 20 dated 20th March,

1980 and 52 of 31st May, 1980 respectively issued under Section 4 and 6 of L.A. Act, 1894 in

respect of 6.68 acres of land at Boomtar Block Namchi, South Sikkim.

In para 1st of 2nd line-

Read correct purpose of acquisition of land against c.s. plot No. 2 area 0.90 acre

situated at Boomtar Block as construction of foodgrain storage godown-cum-office-

cum-residence instead of Extension of Namchi Bazar.

By Order of the Governor

K. SHERAB,

Secretary,



____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_________________________________________________________________________________________



Notification No.l27(136)/L.R. (S). Dated Gangtok, the 21st September, 1983.

Whereas the function of the Central Government under the Land Acquisition Act, 1894

(I of 1894), in relation to the acquisition of land for the purpose of Union have been entrusted

to the State Government by Notification No. F. 12018/12/76/LRD dated 101.1978 issued by the

Govt. of India under clause (1) of Article 258 of the Constitution of India.


purpose being a purpose of the Union namely for the construction of road starting from Lachung

to Zekuphyak in North Sikkim, it is hereby notified that the area under schedule of properties

measuring more or less 55.89 acres is likely to be needed for the aforesaid public purpose at the

public expense at Lachung (Lachung-Zekuphyak) in North Sikkim.

This Notification is made, under the provision of Section 4 of the Land Acquisitior


A plan of land and boundaries of respective plots may be inspected/verified in the office

of the Collector-cum-Special Land Acquisition Officer, Land Revenue Department at Gangtok.

In exercise of the powers conferred by the said section read with said Notification, the

Governor Is pleased to authorise the Officer for the time being engaged in undertaking with their

servants and workmen, to enter upon and survey the land and do all other acts required or per-

mitted by that section.

Any person interested in the above land who has any objection to the acquisition there

of, may within thirty days after the date on which public notice of the substance of this notifi-

cation is published in the Official Gazette, file on objection in writing before the Collector-cum-

Sp. L.A.O., Land Revenue Department at Gangtok.

And whereas there is urgency to acquire the land the Governor is further pleased to

direct under section 17 (4) that the provision of section 5-A of the Act shall not apply.


Plot No. 1 to 90 shown in the fresh plan prepared by the District Collector, North for

acquisition of private lands involving on aforesaid road in absence of the cadastral survey record.

By Order of the Governor,

K.SHERAB,

Secreatry,



____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 150 Gangtok, Saturday, October 1,1983.

_______________________________________________________________________________________


FINANCE DEPARTMENT

Notification No. 1/Bud/Fin. Dated Gangtok, the 23rd September, 1983.

The Sikkim Legislative Assembly having voted without reduction First Supplementary

Demands for Grants for the year 1983-84 and Demands for Grants for Excess Expenditure for

the year 1977-78 and 1978-79 as presented to it on 5th September, 1983 and further the State

Assembly having passed both the Sikkim Appropriation Bills 1983 which were assented to by

the Governor of Sikkim. The Estimates included in the First Supplementary Demands for

Grants for 1983-84 and Excess Expenditure for 1977-78 and 1978-79 and Appropriation for the

year 1983-84 as laid before the Legislative Assembly are placed at the disposal of the control-

ling officer of the Grant concerned. The budget allotments of various offices under the admi-

nistrative control of a controlling officer shall be communicated by him to the officr concerned.

K. C. PRADHAN,

Secretary,

Finance Department,


________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No.151 Gangtok, Saturday, October 1,1983

______________________________________________________________________________________


HOME DEPARTMENT

No. 23(3) Home/83. Dated Gangtok, the 27th September, 1983.

NOTIFICATION

The Government of Sikkim is pleased to constitute a high level Committee to give a

report on the assessment of the damages to the houses and agricultural land, protective works

which are required for the safety of Mangan town and select new sites for the construction of

Offices of the Government damaged as a result of the recent incessant rains in North

Sikkim. The Committee shall comprise of the following officers.—

(1) Secretary, Land Revenue Department

(2) Secretary, Local Self Government Department

(3) Secretary, Rural Development Department

(4) Secretary, Scheduled Castes and Scheduled Tribes Welfare Department

(5) Chief Conservator of Forests

6) Chief Engineer, Roads

(7) Director, Agriculture Department

(8) Chief Engineer Buildings

(9) District Collector (North)/D.D.O. (North)

The Committee may co-opt such other officer who may be required for the purposes

of the task assigned to it. The Committee shall submit its report to the Government within

one month.

M. P. PRADHAN,

Chief Secretary,


____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 151 Gangtok, Monday, October 3, 1983.

_________________________________________________________________________________________


HOME DEPARTMENT

No. 23(3)Home/83/93. Dated Gangtok, the 27th September, 1983.

NOTIFICATION

Consequent upon the appointment of a whole time Secretary in-charge of Home

Department, including Home (Police), the Governor of Sikkim is pleased to delete entry No. 12

of Notification No. H(GA)XI/75/II dated 16th May, 1975.

The Inspector General of Police will continue to exercise the financial and administra-

tive poweers delegated to Heads of Departments and submit all policy and other matters beyond

his powers to the Home Secretary.

M. P. PRADHAN,

Chief Secretary,

Government of Sikkkm.

_______________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 153 Gangtok, Tuesday, October 4, 1983

______________________________________________________________________________________


LAW DEPARTMENT

GANGTOK.

NOTIFICATION

No. 13/LD/1983. Dated the 3rd October, 1983.


the Governor on 1st day of October, 1983, is hereby published for general information:—

THE SIKKIM PUBLIC WORKS (LIABILITY OF GOVERNMENT AND

CONTRACTOR) ACT, 1983

(ACT NO. 11 OF 1983)

AN

ACT

[1.10.83]

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.


Republic of India as follows :-

1. (1) This Act may be called the Sikkim Public Works (Liability of Government Short title, extent

and Contractor) Act, 1983. and commencement.



notification, appoint.

2.. In this Act, unless the context otherwise requires,- Definitions

(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;

2

(4) 'contractor' means a person or association of persons whether incorpora-

ted 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 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 compen-

sation 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 un-

der 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 made under this Act;

(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 negligences on the part of the contrac-

tor;

(c) any other damage which, in the opinion of the Chief Engineer , for

reasons to be recorded in writing, is not an avoidable damage.

Imposition of res- 3. (1) Whenever it appears to the Government that it is necessary to impose

tractions. 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 restriction 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 Collec-

tor 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 obstruc-

tions specifuied therein.

Powers to do cer- 4. It shall be lawful for such officer as the Government May, by general or special or-

tain preliminary der, authorise in this behalf, and for his employees, servants and workmen, at any time

acts after public- after the publication of the notification under section 3, to enter upon and survey and

ation of notifi- take levels of any land in such locality, to dig or bore into the sub-soils, to do all other

cation under section acts necessary to ascertain whether any land, if so, what restrictions should be imposed

3. 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

Provided that no person shall enter into any building or upon any enclo-

sed courtyard or garden attached to a dwelling house unless with the consent of the

occupier thereof or without previously giving such occupier atleast seven day's notice.

in writing of its intention to do so.

Payment for 5. The Officer authorised under section 4 (hereinafter referred to as the authorised

damage. officer) shall at the time of such entry pay, or tender payment, for all avoidable damage

done or proposed to be done and, in case of dispute as to the sufficiency of the amount

so paid or tendered, he shall at once refer the dispute to the decision of the Collector

whose decision shall be final.

3

(1) Whenever a notification has been issued under section 3, it shall be law- Further powers

ful for the authorised officer or his employees, servants and workmen to exercisable after

enter and demolish any building or other construction on the surface, publication of noti-

to cut down or grub up all or any trees, to remove or alter all or any of the tion 3.

banks, fences, hedges and ditches, to make underground and other drains,

to fill up all excavatons, and demolish all buildings and other constructions

below the surface, and generally to level and clear the said land and to do

all such acts for levelling and clearing the same as he may deem necessary

or proper, but in such manner nevertheless that evidence of the bounda-

ries held by different owners may be preserved.

(2) In case of emergency, the Government may, by notification, declare

that all or any powers conferred by sub-section (1) may be exercised at

any time within one month after the publication of the notification under

section 3 and such powers may be exercised accordingly.

(3) Nothing in sub-section (1) shall preclude the authorised officer or his

employees, servants and workmen from exercising at any time the said

powers for the purpose of removing, wholly or in part, any building or

other obstruction, maintained, created or added to, altered, planted,

stacked, stored or otherwise accumulated in contravention of this

Act or of any rules or order made thereunder.

7. On and from the date of publication of the notification under section 3, such of the Nature of res-

following restrictions, as the Government may, in its discretion, declare therein, shall frictions.

attach with reference to such land, namely :-

(a) no variation shall be made in the ground-level, and no building, wall, bank

or other construction above the ground shall be maintained, erected, added

to or altered otherwise than with the previous written approval of the Go-

vernment or any officer authorised by it in this behalf;

(b) no wood, earth, stone, brick, gravel, sand or other material shall be

stacked or stored or otherwise accumulated, and if any of such materials

have been stacked or stored they shall be removed forthwith;

(c) no live-hedges, rows or clumps of trees or orchards shall be maintained,

planted, added to or altered otherwise than with the previous approval of

the Government or any officer authorised by it in this behalf.

8. (1) Before the expiry of 3 months from the date of publication of the notifica- Notice to persons

tion under section 3, the Collector shall issue a notice to all persons in- interested.

terested in such land giving the date and time on which an enquiry for assess-

ment of damage is to be held.

(2) Such notification shall be served in accordance with the provisions of the

Code of Civil Procedure, 1908. 5 of 1908

(3) A person interested may, if he so desires, file a written objection before the

Collector.

(4) On the day so fixed under this section or any other date to which the enquiry

is adjourned, the Collector shall proceed, enquire into the objections (if any) filed by

any person interested in the land and determine the amount of damage and the interest

of the person claiming the compensation and shall make an award under his hand of :-

(a) the true area of the land and the nature of damage;

(b) the compensation which, in his opinion, should be allowed for any

damage caused or likely to be caused due to the execution of any

public work or imposition of any restrictions;

(c) the apportionment of the compensation among all the persons known

or believed to be interested in the land, of whom or of whose claims

he has information, whether or not they appeared before him.

(.5) The Collector shall give immediate notice of the award made by him to

such of the persons who are interested in the land but who are not present

personally or by their representatives when the award was made.

4

Adjournment of 9. The Collector may, for any cause he thinks fit, from time to time, adjourn the en-

enquiry. quiry to a day to be fixed by him.

Power to summon and 10. For the purpose of enquiry under this Act, the Collector shall have power to summon

enforce attendance and enforce the attendance of witnesses including the persons interested or any of them and

of witnesses etc. compel the production of documents by the same means and in the same manner

5 of 1908 as far s may be as is provided in he case of Civil Courts in the Code of Civil Procedure, 1908.

Matters to be 11. (1) In determing the amount of compensation to be awarded for damage cau-

considered in deter- sed, or likely to be caused, or for restrictions imposed under this Act,

mining the amount the Collector shall take into consideration — of compensation.

(a) the actual decreased in market value of the land owing to the publi-

cation of the notification under section 3;

(b) the damage sustained by the person interested by reason of the

renewal of any standing crops, staking or storing of sand, stones or

other materials required in executing the public work;

(c) the damage, if any, sustained by the person interested by

reason of ceasing to be able to use such land conjointly with

his other land ;

(d) the damage, if any, sustained by the person interested by anything

which injuriously affects his other property, moveable or immova-

ble, in any other manner, or his earnings; and

(e) if, in consequence of the imposition cf restrictions, the person

interested is compelled to change his residence or place of business

the reasonable expenses incidental to such change.

(2) In addition to amount of award, the Collector shell in every case award

a further sum equivalent to fifteen percent of such award.

Matters not to be 12. (1) In determining the amount of compensation to be awarded for damage

considerd in deter- caused or likely to be caused for restrictions imposed under this Act,

mining the amount the Collector shall not take into consideration—

of compensations. (a) the degree or urgency which has led to the damage or the imposi-

tion of restrictions;

(b) disinclination of the person interested to submit to damage or res-

trictions;

(c) any damage sustained by him, which, if caused by a private per-

son, would not render such person liable to a suit;

(d) any increase in the value of the other land of the person interested

occuring or likely to occur from anything done under this Act ; or

(e) any outlay or improvements on, or disposal of, the land commenced

made or effected without the previous approval of the Government

after the date of publication of the notification under section 3.

(2) While making the award under this Act the Collector shall indicate therein

whether the damage is avoidable or unavoidable.

Compensation by whom13. (1) Where the damage is unavoidable the compensation shall be paid by the

payable. Government or any other person or agency on whose behalf the work is

being executed, to the persons interested in accordance with the award

made by the Collector and where the damage is avoidable it shall be payable

by the contractor within such time as may be specified in the notice

issued by the authorised officer.

(2) The authorised officer shall issue or cause to be issued a notice upon the

contractor calling upon him to deposit with such officer the amount of the

award within such time and in such manner as may be specified in notice

(3) Where the contractor fails to comply with the notice issued under sub-

section (2 ), it shall be lawful for the authorised officer to recover the amount

on account of damage as given in the award from the payments due to the

contractor or from the earnest money or security deposit of the said con-

tractor lying with the Government whether or not under the said contract.

5

(4) The authorised officer may pay to the person interested the amount of com-

pensation on execution of indemnity bond by the person concerned.

(5) It shall be the duty of the Government to make available to the authorised

officer the amount of compensation payable for unavoidable damage and

the authorised officer shall distribute the said amount in the manner speci-

fied in sub-section (4).

(6) Where any amount of compensation lies undisbursed with the authorised

officer, he shall keep the same in deposit in the bank as may be directed by

the Government.

14. (1) Where the payments due to a contractor in respect of any public work, or Procedure where

the earnest money or security deposits of such contractor are found by the the payments due

authorised officer to be insufficient to meet the amount stated in the award, to contractor are

such authorised officer shall prepare a certificate of dues and send the same insufficient.

to the Judicial Magistrate of the first Class of the area in which the land is

situated.

(2) The Judicial Magistrate of the first Class to whom such certificates is sent

shall forthwith realise the amount due from the contractor as if it were a fine

imposed by him and upon recovery of the amount, transmit the same to

the authorised officer.

15. (1) Service of any notice under this Act shall be made by delivering or tendering

a copy thereof signed, in the case of a notice under section 3, by the officer

therein mentioned and in the cases of any other notice, by an order of the

Collector.

(2) Whenever it may be practicable, the service of the notice shall be made on

the person therein named.

(3) When such person cannot be found, the services may be made on any adult

male member of his family residing with him; and, if no such adult male can

be found, the notice may be served by affixing a copy on the outer door of

the house in which the person therein ordinarily dwells or carries on busi-

ness, or by fixing a copy thereof at some conspicious place in the Court

House and also in same conspicious part of the land upon which restrictions

are to be imposed :

Provided that, if the Collector so directs, a notice may be sent by

registered post in a letter addressed to the person named therein

at his last known residence, address or place of business, and service of it

may be proved by the production of the addressee's receipt or postal

receipt.

16. (I) Any person aggrieved by the award made by the Collector under this Act

may, within 30 days from the date of the knowledge of award, prefer an

appeal to the Government in the form of a Memorandum giving the grounds

of such appeal:

Provided that the Government may admit the appeal after the expiry

of period of 30 days if it is satisfied that the appellant was prevented by su-

fficient cause from filing the appeal within the time prescribed.

(2) No appeal shall be disposed of unless after giving the person concerned an

opportunity of being heard.

(3) The decision of the Government under this section shall be final and an

appeal against such decision shall, notwithstanding anything to the

contrary contained in any other law, lie to the High Court only.

17. No award made or appeal preferred under this Act shall be chargaeble with stamp Exemption from

duty and no person claiming under any such award shall be liable to pay fee for a copy of duty and fees.

the said award or decision of the Government.

18. No suit, prosecution or other legal proceedings shall lie against any person for any- Protection of action

thing which is in good faith done or intended to be done under this Act or the rules made taken in good faith.

thereunder.

6.

Offence by com- 19. (1) If the person committing an offence under this Act, or the rules thereunder

panies. is a Company,every person, who at the time the offence was committed,

was in charge of, and was responsible to, the company for the conduct of

the business of the company, as well as the company, shall be deemed to be

guilty of the contravention and shall be liable to be proceeded against and

punished accordingly:


such person liable to any punishment if he proves that the offence was com-

mitted without his knowledge or that he exercised all due diligence to pre-


(2) Notwithstanding anything contained in sub-section (1) where the offence

under this Act or the rules made thereunder has been committed by a com-

pany and it is proved that the offence has been committed with the consent of

connivance of, or is attributable to any neglect on the part of any director

or manager, Secretary or other officer of the company such director, mana-

ger, Secretary or other officer shall also be deemed to be guilty of that

offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) "company" means any body corporate and includes a firm or other asso-

ciation of individuals; and


Penalties. 20. Whoever contravenes the provisions of this Act or any rules, or notification made

thereunder shall be liable to be punished with imprisonment for a term which may extend

to six months or to a fine which may extend to rupees two thousand.

Power to remove 21. If any difficulty arises in giving effect to any of the provisions of this Act the Govern-

difficulties. ment may, by order, remove such difficulty:

Provided that no such order shall be made after the expiration of period of two

years from the date of commencement of this Act.

Power to make 22. The Government may, by notification, make rules for the purpose of giving efect

rules. to the provisions of this Act.

Validation of acts 23. All things done, actions taken or payments realised from a contractor for any damage

done or payments in respect of a public work entrusted to that contractor before the commencement of

realized before this Act shall be, and shall always be deemed to be legal and valid notwithstanding

this Act. anything to the contrary contained in this Act.

B. R. PRADHAN,


Law Department.

F. No. 16 (185)/LD/83

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S I K K I M


EXTRAORDINARY



_______________________________________________________________________________________


HOME DEPARTMENT

No. 6(2) Home/79/.935 Dated Gangtok, the 21st September, 1983.

NOTIFICATION

In exercise of the powers under sub-section (1) of section 492 of the Code of Criminal

Procedure , 1898 (Act V of 1898) the State Government hereby appoints Shri J.C.Ghosh , Advo-

cate to act as Public Prosecutor for the State of Sikkim in Sessions Case No. 40 of 1977 in the

Court of the Sessions Judge, Darjeeling at Siliguri till the disposal of the Case.

This is in supersession to Home Department Office Order No. 6(21) Home /79/84 dated

17th September 1983.

J.T. DENSAPA,

Home Secretary,


________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_________________________________________________________________________________________


FINANCE (INCOME & SALES TAX) DEPARTMENT

NOTIFICATION

No. F7(99) ST/83/3766. Dated Gangtok, the 27th September, 1983.

In exercise of the powers conferred by clause (c) of sub-section (I) of section 5 of the

Sikkim Sales Tax Act, 1983 (4 of 1983) and in partial modification of Government's Notifica-

tion in the Finance (Income and Sales Tax) Department No. 2633-500/ST., dated the 7th May,

1983 published in the Sikkim Gazette Extraordinary bearing No. 87 dated the 27th May, 1983

the State Government hereby specifies that on gold and gold-ornaments other than those set

with diamond, stones or pearls mentioned at serial numbers 26 and 27 of the Table below the

said notification, the rate of tax payable by a dealer under the said Act shall be two paise in the

rupee on the gold and two and half paise in the rupee on gold ornaments other than those set

with diamond, stones or pearls.

2. This notification shall be deemed to have come into force with effect from the 3rd

day of September, 1983.

K.C. PRADHAN,

Secretary

Finance (Income & Sales Tax) Department,


____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


___________________________________________________________________________

No. 156 Gangtok, Monday, October 24,1983.

__________________________________________________________________________________________


HOME. DEPARTMENT

No. 6(30)Home/83/123. Dated Gangtok, the 10th October, 1983.

NOTIFICATION

In exercise of the powers under sub-section (1) section 492 of the Code of Criminal

Procedure, 1898 (Act V of 1898) the State Government hereby appoints Shri J.C. Ghosh, Advo-

State to act as Public Prosecutor for the State of Sikkim in Vigilance Police Case No. R.C.1/81

against Shri Iswar Chandra Singhal and others (Sessions Case No. 12/1982 State-Vs-Iswar

Chandra Singhal) to conduct the Case in the Court of District and Session Judge, Gangtok till

completion of the trial of this Case.

J. T. DENSAPA,

Home Secretary,


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 157 Gangtok, Tuesday, October 25, 1983.

__________________________________________________________________________________________

DEPARTMENT OF POWER

GOVT. OF SIKKIM

GANGTOK

No. 33/P/GEN/77/83 Dated 15.9.1983.

NOTIFICATION

In persuance of the Government of India, Ministry of Finance Notification N.10/83 dated 1st

February,1983, thereby extending the Central Excise Duty to the State of Sikkim for Power Generation in

the State, the Governor of Sikkim is pleased to revise the Tariff Rates for consumption of electricity as per

the Tariff Schedule, annexed here-to. The revised Schedule of Rates shall come in to force from 1st February,

1983, provided that the bill for the month of February' 83 and therafter, irrespective of dates of Meter reading

prior to and after 1st February, 1983 shall deemed to be the energy consumed on and after 1st February, 1983.

The rates of charges, conditions of supply and other matters specified in the schedule annexed

here-to shall replace the existing rates of charges and corresponding provision in the existing schedule and in

the existing agreement, if any, with the Power Department, Government of Sikkim with effect from 1st Feb-

ruary, 1983.

This superseds the earlier Notification No. 33/P/GEN/77/81 dated 29th August, 1981.

(L. P. TEWARI)

CHIEF ENGINEER AND EX-OFFICIO SECRETARY

DEPARTMENT OF POWER

GOVT. OF SIKKIM

GANGTOK.

2

SUMMARY OF TARIEF SCHEDULE

A. LOW TENSION SUPPLY

1. DOMESTIC SERVICE

Schedule Designation : DS

Applicability : This service is applicable to private and Govern-

ment residental houses, Bungalows, Clubs,Schools,

Temples,, Mosques, Churches, Charitable institu-

tions, educational institutions and such other non-

commercial establishments.

Character of Service : A.C., 50 cycles, three or single phase supply.

Rate : KWH/Month Paise/KWH

First 25 40.00

Next 25 42.00

All in excess 45.00

Minimum charge : Rs 3.00 per month

Prompt Payment Rebate : A rebate of 4 paise / KWH will be allowed if the

total bill is paid within the prescribed due date

in the bill.

Delayed Payment : A surcharge of 4 paise per KWH will be charged

if the bill in not cleared within the due date pre-

scribed in the bill.

2. COMMERCIAL SERVICE :

SCHEDULE DESIGNATION : CS

Applicability : This service is applicable for supply of electricity

at 230/430 volts for use for any trade,business,

shops hotels cinemas fuel service stations bars

& restaurants, Radio stations, Hospitals, Tele-

phone Exchanges, Public auditoriums and such

other establishments classified by the Department

Character of service : A.C.50 cycles, three phase or single phase supply.

Rate : 47 paise/KWH for all consumption.

Minimum Charges : Rs. 5.00 per month.

Prompt Payment Rebate : 5 paise/KWH

Delayed Payment Surcharge : 5 paise/KWH

3. L.T. INDUSTRIAL SERVICE :

Schedule Designation : L.T.I.S.

Applicability : This service applies to supply of electricity to

small Industrial concerns, printing presses, Cottage,

Industries, Poultry farming, Water works, flour

Mills, Atta Chaki. automobiles workshop and

such other services classified by the Department

for connected load of such services not exceeding

100 KYA

Character of Service : A.C. 50 cycles, three or single phase supply.

3


First 500 47.00

Next 500 48.00

All in excess 49.00

Minimum Charges : Rs. 25.00 per KVA of connected load per month.

Prompt Payment Rebate : 5 paise/KWH

Delayed Payment Surcharge : 5 paise/KWH

4. BULK SUPPLY FOR MIXED LOAD :

Schedule Designation : M.L.L.T.

Applicability : This service is applicable to bulk supply at a point

to educational institution including hostels attached to such

institutions, Radio stations including trans-

mitters, army Cantts. Defence establishments,

Aerodromes, Hospitals, Despensaries, Orphanages,

Residential colonies belonging to State/

: Central Govts and such establishments classified

by the Deptt. The distribution system in such

establishments or institutions should be owned

and maintained by the respective agencies and are

outside the perview of the Department of Power.

The connected load of such a service should be

limited upto 250 KVA

Character of service : A.C. 50 cycles, three phase supply.


First 5000 47.00

Next 5:000 44.00

All in excess 42.00

Minimum Charges : Rs. 10.00 per KVA of connected load or con-

tract demand per month.

Prompt Payment rebate : 5 paise perKWH

Delayed Payment surcharge : 5 paise per KWH

Important conditions of supply : The above schedule will apply to establishment

in one compact area and not separated by public

roads etc.

5. PUBLIC LIGHTING:

Schedule Designation : PL

Applicability : This schedule shall apply to public lamps, street

lighting system, traffic control signals, lighting of

public parks and such other services as classified

by the Power Department.

Character of Service : A.C. 50 cycles, single phase

Rate : a) 42 paise/KWH or

b) Rs. 10.00 per lamp per month or part there

of.

4.

5. Minimum charge

Prompt Payment Rebate

5. Delayed Payment Surcharge

6. TEMPORARY L. T. SUPPLY:

Schedule Designation

Applicability

Character of Service

Rate

Minimum charge

B. HIGH TENSION SUPPLY:

Schedule Designation

Rate

Character of Service

Rate

: Rs. 1.00 per lamp per month or part thereof.

Where the supply is unmetered the KWH for the

purpose of billing shall be ccmputed with refe-

rence to the total number of lamps, wattage and

burning hours.

: The above rate is subject to a rebate of 5 paise

per KWH provided the bill is paid by the due date

specified therein.

: A surcharge of 5 paise per KWH shall be char-

ged from the date of bill if it is not paid within

the prescribed due date.

: TS

: This service shall apply to Power supply for

temporary purpose and for a period not excee-

ding two months in the first instance, the duration

of which may be extended at the discretion of the

Power Department.

: A.C. 50 cycles/second single or three phase

L.T. or H.T. whichever is possible at the discretion of the Power Deptt.

: Tariff under schedule designation DS; LTIS/

MLLT and HTs for corresponding permanent

supply PLUS 25% additional charge on the total

bill.

: The minimum charges payable for different

categories of consumption will be under:

i) DS - Rs. 20.00 per service per month or part

thereof.

ii)CS - Rs. 30.00 per service per month or part

thereof.

iii)LTIS-Rs.5o.oo per KVA of connected load

per month or part thereof.

iv)MLLT-Rs.25.oo per KVA or connected load or

contract demand per month or part

thereof.

v) HTS-Rs.60.00 per KVA per month or part

thereof on the contract demand.

: HTS

: This service is applicable to Bulk Supply at 3

KV and above at Standard High voltage or Extra

high voltage available in the locality to industry

establishments, registered factories , workshop

construction power of any industrial or power

projects, etc. having contract demand of 50 KV

and above.

: 3.3 KY and 11-KV three phase ,50 cycles/second

: Demand charges; Rs.25.00 per KVA per month

of billing demand PLUS

Energy charges : 22 paise /KWH

5

Minimum : The Demand charges on the monthly billing

charges. demand or the contract demand, whichever is

higher will be the monthly minimum charges

whethr energy is consumed or not. The monthly

billing demand shall be the highest of :-

1) The actual maximum demand recordced during

the month defined as the highest average load in

KVA during any 30 minutes consecutive period of

the month.

2) 75 per cent of the highest maximum demand

during the preceding eleven months. OR

3) 75 per cent of the contract demand.

Discounts for supply at Higher voltages : If the consumer is supplied at 66 KV, a discoun

of 5 per cent on the total montly bill will be

allowed.

Prompt Payment Rebate : A rebate of 2 per cent on the total monthly bill

will be allowed if payments are made within the

period prescribed.

Delayed Payment Surcharge : A surcharge of 2 per cent per month will be

charged on the outstanding amount of the bill

payable in addtion from the date of the bill.

Metering in Low voltage side : In case the metering of maximum demand and

energy consumption is made on the Low voltage

side of a distribution transformer of 3.3/0.43

KV and 11/0.43 KA ratio 3 per cent will be

added both on the maximum demand and the

consumption of energy for the purpose of billing.

SCHEDULE OF MISCELLANEOUS

CHARGES:

1. SERVICE CONNECTION : Upon receipt of the requisition for supply, the

Departments' local office will serve estimate

or quotation which will include the cost of ser-

vice line, security deposit and agreement stamp.

Cost of service connection shall include the cost

of materials and equipments, labour and super-

vision charges. The total service connection

charges are payable before the work is taken in

hand.

2. METER RENT : Hire charges for meters and maximum demand

indicater etc. per month.

i) Single phase meters : Rs.2.00

ii) Three phase 3-wire meters : Rs.4.00

iii) Three phase 4-wire meters : Rs.4.00

iv) Maximum demand indicater

(LT) : Rs.20.00

v) Maximum demand indicater

(HT) : Rs.30.00

vi) Time switch : Rs.10.00

TESTING OF METER i) Single and three phase

meters : Rs. 10.00

ii) Other metering instruments : Rs. 30.00

__________________________________________________________________________________________________________


4. DISCONNECTION AND RECON-

NECTION.

5. CHANGING OF METER:

6. REPLACEMENT OF FUSES

7. RE-SEALING OF METER:

i) Disconnection of supply

for any reasons : Rs.15.oo

ii) Reconnection of supply : Rs.15.oo

i) Changing of Meters at the request of

the consumer : Rs.15.oo

ii) Changing the position of the

Meter Board at the con-

sumer's request : Rs.20.00

Replacement of fuses in the Main Cut outs due

to defect in consumer's wiring.

i) Low & Medium voltage : Rs. 2.00

ii) Low & Medium voltage

three phase supply : Rs. 6.00

iii) High voltage supply : Rs.15.00

i) Replacement of missing seals in the meters or

cut outs in the absence of any sign of tempering

: Rs. 5.00

ii) If the meter or cut out seals are found tampered,

the consumption will be reviewed vis-a-vis

preceding units consumed when the meter was

not tampered. The meter will be tested and

resealed. The Deptt further reserves the right

to impose suitable penalty : Rs. 5.oo

Plus charges at schedule

3 above.

S I K K I M


EXTRAORDINARY


No. 158 Gangtok, Wednesday, October 26,1983.

______________________________________________________________________________________



Dated Gangtok, the 11th October, 1983.

The following notification No. 56/82-XIII dated the 27th September, 1983 of Election


NOTIFICATION

Whereas the Revolutionary Socialist Party is a recognised political Party in the States

of Kerala and West Bengal with the Symbol 'Spade and Stoker' reserved for it in these States,

under the Election Symbols (Reservation and Allotment) Order, 1983;

AND WHEREAS, in pursuance of paragraph 6 of the said order, the Election Corn-

mission has reviewed the poll performance of the said party in the general election to the Legis-

lative Assembly of Kerala and West Bengal held in May, 1982;

AND WHEREAS the Election Commission is satisfied that a result of the said review

the Revolutionary Socialist Party is not entitled for continued recognition in the State of Kerala;

AND WHEREAS the Commission has issued a notice to the said Party on 13 July,

1983 to explain as to why its name should not be deleted from the list of recognised political

parties in Kerala State on account of its poor poll performance in that State;

AND WHEREAS the said Party has not responded to the said notice inspite of a

reminder to the Party in this regard and a considerable time has thus elapsed;

AND WHEREAS the Election Commission has decided to de-recognise the said Party from the State

of Kerala;

Now, therefore, in pursuance of clause (b) of sub-para (1) and sub-para (2) of para-

graph 17 and paragraph 18 of the said order, the Election Commission hereby makes the folio-

wing amendment in its notification No. 56/82, dated the 8th April, 1982, published as O.N. 29

(E),in the Gazette of India Extraordinary Part II, Section 3 (iii), dated the 12th April, 1982 as

amended from time to time, namely—

In Table 2 appended to the said notification, against the State of Kerala mentioned in

column 1, the entry "5. Revolutionary Socialist Party..................Spade and stoker" referred

to in columns 2 and 3, respectively, shall be deleted.

By Order,

Sd/- K.GANESAN,

Secretary,

TASHI WANGCHUK,

Under Sectrary (Election)

________________________________________________________________________________________


S I K K I M


EXTRAORDINARY



_________________________________________________________________________________________


NOTIFICATION NO. 10/H


The following notification No. 56/82-XI dated the 22nd September, 1983 of Election Commission of India, New

Delhi is hereby published for general information:—

NOTIFICATION

Whereas the Election Commission of India is satisfied that as a result of its poll per-

formance at the general election to the Legislative Assembly of Andhra Pradesh State held in

January, 1983. Telugu Desam is entitled for recognition as a State Party in the State of Andhra

Pradesh in terms of paragraph 6 of the Election Symbols (Reservation and Allotment) order,

1968.

And whereas the Commission has decided to recognise Telugu Desam as State Party

in the State of Andhra Pradesh and reserve 'Bicycle' for the said Party in Andhra Pradesh State;

Now, therefore, in pursuance of clause (b) of sub-paragraph (1) and sub-paragraph (2)

of paragraph 17 of the said symbols Order, the Election Commission hereby makes the following

amendments in its notification No. 56/82 dated 8th April, 1982, published as O.N. 29 (E) in the

Gazette of India, Extraordinary, Part II, Section 3 (iii) dated 12th April, 1982, as amended

from time to time, namely—

(1) IN TABLE 2 of the said notification, in columns 1, 2 and 3, the entries 'Andhra

Pradesh........................Telugu Desam..................Bicycle' Shall be inserted above the

entry relating to the State of Assam; and

(2) IN TABLE 4 of the said notification, against the State of 1-Andhra Pradesh, under

column 2, the entry '1. Bicycle' shall be deleted and the existing entries 2 to 15 shall be

renumbered as 1 to 14.

The recognition granted above is also subject to the following conditions:—

(i) The party shall communicate to the Commission without delay and change in its name,

head office, office beareres, address and political principles, policies, aims and objec-

tives and any change in any other material matters;

(ii) The party shall intimate the Commission immediately whenever any amendments are

issued to party constitution alongwith the relevant documents like the notice for the

meeting, minutes of the meeting where the amendments have been carried etc.

(iii) The party shall maintain all the records like minutes Book, account books, member-

ship registers, receipt books etc. properly;

(iv) The said records shall be open for inspection at any time by the authorised represen-

tative (s) of the Commission; and


By Order,

Sd/-K.GANESAN,

Secretary.

TASHI WANGCHUK,


____________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 160 Gangtok, Monday, October 31,1983.

_________________________________________________________________________________________


NOTIFICATION NO. 11/H

Dated Gangtok, the 22nd October, 1983.

The following notification No. 56/82-XII dated the 27th September, 1983 of Electior

Commission of India, New Delhi is hereby published for general information:-

NOTIFICATION

Whereas the Election Commission, in pursuance of the provisions of paragraph 6 read

with paragraph 7 of the Election Symbols (Reservation and Allotment) Order, 1968, is satisfied

that as a result of its poll performance at general election to the Legislative Assembly of Tripura

State held in January, 1983, the Revolutionary Socialist Party is entitled for recognition as a State Party in the

State of Tripura in terms of para 6 of the said Order;

AND Whereas the Commission has decided to recognise the Revolutionary Socialist

Party in Tripura State as a State Party;

Now, therefore, in pursuance of clauses (b) and (d) of sub-paragraph (1) and sub-para-

graph (2) of paragraph 17 of the said symbols Order, the Election Commission hereby make

the following amendments in its notification No. 56/82, dated the 8th April, 1982, published a:

O.N. 29(E), in the Gazette of India Extraordinary, Part II, Section 3(iii), dated the 12th April

1982, as amended from time to time, namely—

(1) In Table 2 of the said notification, against the State of Tripura referred to unde

column 1, for the existing entry 'Tripura Upajati Juba Samiti..........Two

Leaves' under columns 2 and 3, the following entries shall be substituted:

"1. Revolutionary Socialist Party..............Spade and Stoker.

"2. Tripura Upajati Juba Samiti......... Two leaves"

(2.) In Table 4 of the said notification, against item 20. Tripura in column 1 the entry

"11. Spade and Stoker" under column 2 shall be deleted and the existing entries

12 and 13 shall be renumbered as 11 & 12, respectively;

The recognition granted to the above-mentioned political party is subject to the follo-

wing conditions:-

(i) The Party shall communicate to the Commission without delay and change in its

name, head office, office bearers address and political principles, policies, aims and

objectives and any change in any other material matters;

(ii) The Party shall intimate the Commission immediately whenever any amendments

are issued to Party constitution alongwith the relevant documents like the notice

for the meeting to consider amendments, agenda for the meeting, minutes of the

meeting where the amendments havebeen carried etc;

(iii) The Party shall maintain all the records like minutes books; accounts books, mem-

bership registers, receipt books etc. properly;

(iv) The said records shall be upon for inspection at any time by the authorised repre-

sentative (S) of the Commission ; and

(v) The recognition granted shall be reveiwed by the Commission from time to time.

By Order,

Sd/- K.GANESAN,

Secretary.

TASHI WANGCHUK,


______________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 161 Gangtok, Monday, October 31, 1983

_____________________________________________________________________________________


INCOME & SALES TAX DEPARTMENT

Notification No. 3813/CT. Dated Gangtok, the 22nd October, 1983.

In exercise of the powers eonferred by sub-section (5) of section 8 of the Central Sales

Tax Act, 1956 (74 of 1956), the State Government, being satisfied that it is necessary to do in

the public interest, hereby direct that the exemption from payment of Central Sales Tax allowed

under the Notification of the Government of Sikkim (IT & ST Department) No. 1812-500/ST,

dated the 15th March, 1983 shall continue until further orders.

K.C PRADHAN,

Secretary Finance,

Income & Sales Tax Department,


______________________________________________________________________________________


S I K K I M


EXTRAORDINARY



__________________________________________________________________________________________


HOME DEPARTMENT

NOTIFICATION


No. 136/Home/83. The Government of India, Ministry of Home Affairs, New Delhi

Notification No. 1/11025/26/81- IS. US (D.II) dated the 14th September, 1982 is republished

for general Information.

S.0. 664(E) In exercise of the powers conferred by clause (1) of article 258 of the Constitution,

the President hereby entrusts to the Governments of Andhra Pradesh, Assam, Gujarat, Haryana,

Himachal Pradesh, Karnataka, Kerala, Maharashtra, Madhya Pradesh, Manipur, Meghalaya,

Orissa, Punjab, Rajasthan, Sikkim, Tamilnadu and Uttar Pradesh with the consent of the

Government of each of those States, the functions of the Central Government in making orders

of the nature specified in section 3, 8 and 9 of the Essential Services Maintenance Act, 1981

(40 of 1981), in so far as they relate to (a) any service in any establishment or undertaking dea-

ling with the production, supply or distribution of power, and (b) any service in connection with

elections to the Legislatures of the States, specified in sub-clauses (xii) and (xv) of clause (a) of

sub-section (1) of section 2 of the said Act, subject to the condition that notwithstanding

such entrustment the said functions may also be exercised by the Central Government.

Sd/- L.N.GUPTA,

Joint Secretary to the Govt, of India.

M.P.PRADHAN,

Chief Secretary,


No. 7(13)Home/81.

____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 163 Gangtok, Tuesday, November 8, 1983.

__________________________________________________________________________________________



Notification No. 3/LSGHD. Dated Gangtok, the 27th October, 1983.

In Exercise of powers conferred by Sub Section (1) of Section 3 of the Gangtok Municipal Cor-

poration Act, 1975, the State Government alters tne boundaries of the Gangtok Municipal Corporation as

specified in the schedule with immediate effect.

This supersedes the notification of the Government in the Bazar Department N0.8/B dated 2nd Decem-

ber, 1975.

SCHEDULE

NORTH - Jhora along the Northern Boundary of Raj Bhavan Area upto Hanumantok excluding cantonment

and Reserve Forest Area from G.M.C. Area.

EAST - (1) Ridge along the Eastern boundary of Raj Bhavan Area, border with 1950-54 cadastral survey

plot Nos. 83, 15, 14, 16, 17, 18, 19, 20, & 21 of Chanmari Block excluded from Gangtok

Municipal Corporation area.

(2) Gangtok-Nathula road in the South-East of Enchey Monastery compound and Mintckgang.

Thereafter along ridge road leading to Tashiling inclusive of Tashiling and Government Press

compounds. Again boundary of Gangtok Municipal Corporation shall run along Nam Nam Ridge

and Nam Nam road meeting 31/A National Highway at Deorali.

SOUTH - (1) The Gangtok Corporation area includes existing Deorali Bazar area bordering with the North-

West boundaries, Syari Block and area of Tibetology Institute of Dhotabu.

(2) 31/A National Highway between Deorali Bazar to Gurulakhang and again turning towards

Amdow Golai at Tadong Block.

(3) From Amdow Golai the boundary of Gangtok Municipal Corporation turns towards east

along the boundary of Tadong Block (Cadastral survey plot nos. 25/886, 24 & 23) and SITCO

complex Government Quarters etc. at Deorali.

EAST - 31/A National Highway near approach of Shri P.S. Lama's building at Deorali to the jhora near

Tenzing & Tenzing Building. It excludes whole Tadong Block Area in the valley side of the

National Highway.

(2) Then it runs along the jhora and turns just below Tenzing & Tenzing building excluding

1950-54 cadastral survey plot nos. 957, 958, 972, 971, 970 of Sichey Gaon Block. Bishal Gaon

and Slaughter House area are included within Gangtok Municipal Corporation Area.

(3) Jhora between Slaughter House and Chooksing area meeting Arithang road (near loop) and

thereafter turning towards North meeting with the Eastern Boundary of West Point School com-

pound. The existing Petrol Pump and CarParking and other buildings in the West of National

Highway and South of Petrol Pump are included.Thereafter foothpath leading towards Diesel

Power House, Police Line and Church area are included within Gangtok Municipal area.

(4) Hospital (near Diesel Power House )meeting with the Eastern boundry of Sichey Goan

Block at Syal Gaon.

2.

(5) Boundary of Reserve Police Line Area [(below Paljor Stadium) bordering with the Eastern

boundaries of cadastral survey plot nos. 1018, 1078, 1052, 1004, 1016, 1105,670, Fish Pond,

Girls' School compound and Munshi Colony fall within Gangtok Municipal Corporation Area.

Thereafter the boundary passes along 1950-54 cadastral survey plot nos. 75, 72, 70, of Old Pioneer,

Reserve Block and then along Eastern Boundaries of cadastral survey plot nos. 628, 619, 580,

561, 560, 554, 553, 551, 552, 519,520, 502, 501, 500, 499, 498, 494, 493, 488, 489, 49c

483, 1007, 1011, 1010, 481, & 480 meeting with Baluwakhani Jhora at Suspension Bridge

connecting footpath from Sichey Busty to Burtuk. The Western Boundary of Gangtok Municipal

area again turns toward East along Baluwakhani Jhoras meeting North Sikkim Highway near

Vajra Cinema Hall and thereafter along the North Sikkim High- way meeting with the Jhora

along the Northern boundary of Raj Bhavan and approach of Old cantonment at Burtuk (Bhutia

Busty).

Note :- A map showing the boundaries of the Gangtok Municipal Corporation can be seen in the office

of the Gangtok Municipal Corporation and Local Self Government & Housing Department.

T. P.. SHARMA,



_______________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 164 Gangtok, Wednesday, November 9,1983.

______________________________________________________________________________________


HOME DEPARTMENT

File No. 7(13)Home/81/1146. Dated Gangtok, the 29th October, 1983.

ORDER

Whereas the State Government is satisfied that in the public interest, it is necessary and

expedient so to do:

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of

the Essential Services Maintenance Act. 1981 (Central Act No. 40 of 1981) and by virtue of the

functions entrusted to the State Government under the Government of India, Ministry of Home

Affair's Notification No: 1/11025/26/81-IS. US (D.II) dated the 14th September, 1982 (S.O. 664

(E) ), the State Government hereby prohibits strikes in the following Essential Service:—

Any service connected with the production, supply or distribution of power from the

Lower Lagyap Hydel Project which is under the administrative control of the Central Water

Commission of the Government of India.

M. P. PRADHAN,

Chief Secretary,


________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


____________________________________________________________________________

No. 165 Gangtok, Wednesday, November 9, 1983

___________________________________________________________________________________________


LAW DEPARTMENT

GANGTOK

NOTIFICATION

No.15/LD/RC/83. Dated the 29th October, 1983.

The following Ordinance promulgated by the President and published in the Gazette

of India, Extraordinary, Part II, Section I, is hereby republished for general information:—

THE TEA (AMENDMENT) ORDINANCE, 1983

No. 7 of 1983

Promulgated by the President in the Thirty-fourth Year of the

Republic of India.

An Ordinance further to amend the Tea Act, 1953.

WHEREAS Parliament is not in session and the President is satis-

fied that circumstances exist which render it necessary for him to take

immediate action:

NOW, THEREFORE, in exercise of the powers conferred by clause

(1) of article 123 of the Constitution, the President is pleased to pro-

mulgated the following Ordinance:—

Short title and 1. (1) This Ordinance may be called the Tea (Amendment Ordi-

commencement. nance, 1983.


Amendment of 2. In the proviso to sub-section (2) of section 16D and in clause

sections 16D and (a) of sub-section (2) of section 16-1 of the Tea Act, 1953, for the 29 of 1953

16-I. words "two years", the words "six years" shall be substituted.

ZAIL SINGH,

President.

_____________________

R.V.S. PERI SASTRI,

Secretary to the Govt, of India.

B. R. PRADHAN,


Law Department.

F.No. 11(256) /LD/81.

______________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNMENT PRESS, GNAGTOK.

S I K K I M


EXTRAORDINARY


No. 166 Gangtok, Thursday, November 10,1983

____________________________________________________________________________________________



Notification No.l28(607)/L.R.(S). Dated Gangtok, the 31st October, 1983.

Declaration under Section 6 of theLand Acquisition Act 1894 (I of 1894).

Whereas the functions of the Central Government under the Land Acquisition Act, 1894 (I of

1894), in relation to the acquisition of land for the purpose of the Union have been

entrusted to the State Government by Notification No. F. 12018/12/76 L.R.D. dated 10th Jan-


under clause (I; of Articles 258 of the Constitution of India.


a purpose of the Union, namely for Establishment of Army in the block of Phadamchen,

East District it is hereby declared that a piece of land comprising cadastral plots Nos. 47 and

91 in parts and measuring more or less 090 acres, bounded on the:—

EAST : Road

WEST : Dry field of S/Shri Ang Tempa Sherpa & Ang Rinzi Sherpa

NORTH : Dak Bunglow Compound

SOUTH : Road & dry field of Angi Rinz Sherpa


Phadamchen.

This declaration is made under the provision of section 6 of the Land Acquisition Act,

1894 (Iof 1894) read with the said notification, to all whom it may concern.


L.AO., Land Revenue Department, Government of Sikkim, Gangtok.

K. SHERAB,

Secretary,



______________________________________________________________________________________________


S I K K I M


EXTRAORDINARY

PUBLISHED BY AUTHORIT Y _______________________________________________________________________________________

No. 167 Gangtok, Thursday, November 10,1983.

_______________________________________________________________________________________


HOME DEPARTMENT

No. 51(7)Home/83/1173 Dated Gangtok,the 2nd November, 1983.

NOTIFICATION

The State Government is pleased to re-constitute the Schedule Caste Welfare Board as

follows:—

1. Shri D.B. Thatal --- Chairman

2. Shri Chandra Kumar Mohora, Deorali,

Gangtok, East Sikkim — Member

3. Shri Purna Bahadur Lamichaney Makha

Khamdong, East Sikkim — Member

4. Shri Budhiman Darjee, Chakung-Rabong,

West Sikkim — Member

5. Shri Kancha Sarki, Timburbong,

West Sikkim — Member

6. Shri Birkha Bahadur Ramudamu, Yangang

South Sikkim. — Member

7. Shri Krishna Bahadur Thatal, Namchi,

South Sikkim — Member

8. Shri Debendra Bagdas, Chungthang,

North Sikkim — Member

Official Members:—

1. Shri R. Narayan, Development Commissioner

2. Shri P.K. Pradhan, Secretary, Rural Development Department

3. Shri M.M. Rasaily Secretary Education.

4. Shri A.T. Sanyal, Director Animal Husbandry

M.P.PRADHAN,

Chief Secretary,


__________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNMENT PRESS, GNAGTOK.

S I K K I M


EXTRAORDINARY


No. 168 Gangtok, Monday, November 14, 1983.

_________________________________________________________________________________________


FISHERIES & WILDLIFE CIRCLE

FOREST DEPARTMENT

NOTIFICATION

No. 41/WL/83/900 Dated 29th October, 1983.

Tiger moving in the reserve forest in the State is causing damages to the domesticated

animals of the nearby villages frequently and it is feared that the villagers might kill the tiger by

poisoing whose cattle has been depredated unless some ex-gratia payment is made to the villa-

gers for the loss sustained by them, and the State Government has found it expedient to make

certain ex-gratia payment to the villager who has sustained loss in order to save the tiger which is

the national heritage. Therefore, the State Government has decided to make ex-gratia pay-

ment to the individual for the loss sustained by him under the following conditions:

1. The payment shall be made as ex-gratia to the individual who has sustained loss and

not as compensation.

2. No ex-gratia shall be paid for depredation caused by other wild animals except that of

tiger.

3. Depredation and damages caused by tiger for cattle (bulls, cows, yaks, horses, pony,

sheep, goats etc) ex-gratia to the individual (who has sustained loss may be made

at the following rates:

a) Cows, bulls, buffaloes.......50% of the market value to the maximum of Rs. 500/-

b) Horse, pony ......50% of the market value subject to the maximum of

Rs, 700/-

c) Yaks .......50% of the market value subject to the maximum of

Rs. 600/-

d) Sheep and goat ...... 50% of the market value subject to the maximum of

Rs. 100/-

e) Human life ......Rs. 2,000/- to Rs. 5,000/-

4. Ex-gratia indicated at 3 above shall be paid only after making thorough assessment

and the certificate given by an authorised Wildlife Officer not below the rank of Assis-

tant Wildlife Warden on fulfillment the following conditions:

a) Cattle killed is outside the boundaries of Reserve Forest or within the boundaries of

Reserve Forest having valid permit.

b) The cattle should be accompanied by the grazier at the time of kill or damage.

c) The cattle killed in a Resefve Forest or Government Forest must be with a valid

permit issued by an grazing authorised Forest Officer.

d) Kill is reported within 10 hours to the nearest Forest Wildlife Field staff.

e) Kill is not removed from the site or smeared with pesticides by villagers or gra-

ziers, and no paste of any kind is filled in the wound or carcass.

2

f) No tiger dies within a radius of 10 Km. of the place of kill and within 6 days of

the kill by poisoning.

g) No flesh is removed from the spot by any individual for eating or other purpuses

h) The verification about the animals killed by tiger must be done by an authorised

officer not below the rank of an Assistent Wildlife Warden.

i) The verification should be done in presence of Panchas of the areas. The veri-

fying officer must certify that the kill was actually made by a tiger, Reliable

witness and sound evidence whichever is available must be recorded.

j) Certifying Officer shall verify the age, general health, sex of the animal killed

for assessment for ex-gratia. The assessment and the value of the animal killed

shall be done alongwith the Panchas.

k) After inspection of the place of occurence the detailed report completed in all

respects shall be submitted to the higher officer by the certifying officer. Besides

a copy of the detailed report completed in all respects shall be submitted to the

Chief Wildlife Warden for record.

1) Assistent Wildlife Warden shall maintain a register in their office in prescribed

proforma.

5. In case of depredation of human life by tiger:—

a) When tiger cause the death of human being then, ex-gratia payble to to the

family of the deceased person would be Rs. 5,000/- in each case.

b) In case of injury the ex-gratia upto a maximum of Rs. 2,000/- may be paid

to the individual injured in each case.

c) In such cases inspection of spot should be done within 3 days by Wildlife

Officer or a Police Officer. Inspecting Officers should not be below the rank of

Assistant Wildlife Warden or Police Sub-Inspector.

d) Medical Certificate will be necessary from the competent Government doctor in

respect of such happenings.

By Order,

P. S. MOKTAN,

CWLW


Forest Department.

________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 169 Gangtok, Friday, November 18,1983.

___________________________________________________________________________________________


HOME DEPARTMENT

No. 6 (18) Home/81/99 Dated 36th Sept. 1983.

NOTIFICATION

The Governor of Sikkim, is pleased to lay down the following rules relating to the appointment

and duties of the Senior Government Advocate-cum-Public Prosecutor or Government Advocate-cum-Public

Prosecutor, Assistant Government Advocate-cum-Public Prosecutor, Assistant Government Advocates and

Advocates on Panel.

1. Senior Government Advocate-cum-Public Prosecutor or Government Advocate-

cum-Public Prosecutor,

(I) (a) No person shall be eligible for appointment as Government Advocate-cum-Public

Prosecutor unless he holds a Degree, of Law from a recognised University and has been

in continuous practice as an Advocate for a period of not less than 15 years.

(b) No person shall be eligible for appointment as Senior Government Advocate-cum-

Public Prosecutor unless he holds a Degree of Law from a recognised University and

has been in continuous practice as an Advocate for a period of not less then 15 years

and has also held the office of the Government Advocate of the Government of Sikkim

or any other State Government for a period of one year:

Provided that the qualifications relating to length of practice may be relaxed

upto three years and two years for the Government Advocate-cum-Public Pro-

sector and the Senior Government Advocate-cum-Public Prosecutor, res-

pectively, if they are local candidates.

(c) The State Government may appoint one Senior Government Advocate-cum-Public

Prosecutor or one Government Advocate-cum-Public Prosecutor or both as it may

consider necessary.

(d) The services of the Senior Government Advocate-cum-Public Prosecutor or Govern-

ment Advocate-cum-Public Prosecutor shall be terminable with a notice of thirty

days on either side.

(ii) The duties of the Senior Government Advocate-cum-Public Prosecutor or Government Advocate-

cum-Public Prosecutor shall be as follows:

(a) To advise the State Government, without any fees, upon such legal matters as may

be referred to him by the State Government through the Home Secretary.

(b) To represent the State at all the stages in cases before the Courts of District and Ses-

sions Judge, Gangtok and Additional District and Sessions Judge, Gangtok.

(c) To appear as a Junior to the Advocate General or to the Additional Advocate General

or any other Senior Counsel as may be determined by the Home Secretary.

2

(d) Shall not accept any private case. The provision shall not apply in the cases of Cen-

tral Government or Statutory Corporation where interest of such Statutory Corpora-

tion is not adverse in any manner to the interest of the State Government;

Provided, Senior Government Advocate-cum-Public Prosecutor or the

Government Advocate-cum-Public Prosecutor, may, with the approval of the

Home Secretary, appear for any individual where such individual is a party of the

State Government in which the interest of the State Government and such indi-

vidual is the same.

(e) The Senior Government Advocate-cum-Public Prosecutor or the Government Advocate

cum -Public Prosecutor, may, with the approval of the Home Secretary also appear

for Government employees if it is necessary to do so in the interest of the State,

(f) To appear in Sikkim High Court during the absence of Additional Advccate General

or Advocate General.

(iii) Miscellaneous.

(a) TA/Leave and Medical facilities shall be such as are admissible to a Junior Grage I

Officer of the State of Sikkim from time to time.

(b) The Senior Government Advocate-cum-Public Prosecutor or the Government Advo-

cate-cum-Public Prosecutor shall be provided with free transport and free furnished

residential accommodation and also office accommodation and such staff as the Govern-

ment may provide from time to time.

2. Assistant Government Advocate-cum-Public Prosecutor.

(a) No person shall be eligible for appointment as Assistant Government Advocate-cum-

Public Prosecutor unless he holds a Degree of Law from a recognised University, is a

local candidate of the State of Sikkim and is an Advocate on panel for seven years,

(b) The State Government may appoint as many Assistant Government Advocate-cum-

Public Prosecutors as it may consider necessary from time to time and their appoint-

ment may be renewed every year depending upon their performance.

3. Assistant Government Advocate.

(a) No person shall be eligible for appointment as Assistant Government Advocate unless

he holds a Degree of Law from a recognised University, is a local candidate of the

State of Sikkim and is an Advocate on panel for two years and his performance has

been satisfactory.

(b) The State Government may appoint as many Assistant Government Advocates as it may

consider from time to time and their appointment may be renewed every year depen-

ding upon their performance.

4. The duties of the Assistant Government Advocate-cum-Public Prosecutor and Assis-

tant Government Advocates shall be as follows: (a) To appear as a Junior to Advocate General or Additional Advocate General determi-

ned by the Home Secretary.

(b) To draft plaints, written statements, affidavits in/opposition, memorandums of appeal

and other miscellaneous drafting.

(c) To correspond with departments, consult with Government officials and with the

Advocate General or Additional Advocate General whenever necessary.

(d) To take-up idependent charge of conducting Government cases in the courts of Civil

Judge-cum-Judicial Magistrate.

(e) To prepare sufficient number of briefs for the use and information of the Advocate

General/Additional Advocate General or the State Government officials.

(f) To give opinion without any fees upon such legal matters referred by the State Govern-

ment through the Home Secretary or the Advocate General or Additional Advocate

General.

(g) Any other duty entrusted or assigned from time to time by the Home Secretary,

Advocate General or Additional Advocate General.

3

(h) Shall not take-up briefs against the State Government and also shall not take up private

cases. This provision shall not apply in the cases of Central Government or Statutory

Corporation where interest of such statutory Corporation is not adverse in any

manner to the interest of the State Government;

Provided, Assistant Government Advocate-cum-Public Prosecutor and Assistant

Government Advocates, may with the approval of the Home Secretary, appear

for any individual where such individual is a party of the State Government in

which the interest of the State Government and such individual is the same.

(i) TA/Leave and Medical facilities shall be such as are admissible to a Class II Officer of

the State of Sikkim from time to time.

5. Advocates on Panel.

(i) The State Government may have a panel of Advocates to be appointed to conduct cases on behalf

of the Government in the Courts of the District and Sessions Judge, Additional District and

Sessions Judge, and Civil Judge-cum-Judicial Magistrates.

(ii) An advocate shall be eligible to be empanneled and eligible for varying rates of fees depending

upon his length of legal practice or any other qualification which the State Government may lay

down.

(iii) Duties of the Advocates on Panel.

(a) To conduct only such Criminal Cases in such Courts as may be determined by the

Home Secretary.

(b) Such Advocates may be entrusted to conduct Civil Cases as in Courts on behalf of the

State Government as may be determined by the Home Secretary.

(c) Such Advocates may also be required to act as Junior to Advocate General or Addi-

tional Advocate General or any Senior Counsel as may be determined by the Home

Secretary.

(d) Advocates in practice for more than four years in Sikkim or local Advocates who have

been empanneled may, in addition to the duties mentioned at (iii) (a), (b)and (c) shall

also be required to perform duties as indicated at rule 4 (b) ( c), (e) (f), and (g); :

Provided, Advocates in practice for more than four years in Sikkim and an Advocate

who is a local candiate in the State of Sikkim and has been empanneled shall also not

take up briefs against the State Government.

6. The Senior Government Advocate-cum-Public Prosecutor or Government Advocate-cum-Public

Prosecutor, Assistant Government Advocate-cum-Public Prosecutor, Assistant Government

Advocate and Advocates on Panel shall be entitled to such rates of fees as the State Government

may notify from time to time.

7. This supersedes Notification No. 6 (18) Home / 81 dated 25th November, 1981 and its sub0-

sequent amendment Notification No. 6 (18) home/81 dated 2nd June, 1982.

8. The Senior Government Advocate-cum-Public Prosecutor or Government Advocate-cum-Public

Prosecutor or Assistant Government Advocate-cum-Public Prosecuter or Assistant Government

Advocates and Advocates on Panel shall not be entitled to any fees for consultation with the

Government Officers in Government cases.

9. Removal of Doubts.

Where any doubt arises as to the interpretation of these rules, the Home Department may, with

the approval of the Minister-in-Charge of the Department interpret any of the provisions of these

rules and such a decision shall be final.

BY ORDER.

J. T. Densapa,

Home Secretary,


________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 170 Gangtok, Friday, November 18,1983

____________________________________________________________________________________________


HOME DEPARTMENT.

No. 6(18) Home/81/100 Dated 30th Sept. 1983

NOTIFICATION

The Governor of Sikkim, is pleased to lay down the following rates of fees of the Senior Govern-

ment Advocate-cum-Public Prosecutor, Government Advocate-cum-Public Prosecutor, Assistant Govern-

ment Advocate-cum-Public Prosecutor, Assistant Government Advocates and Advocates on Panel.

1. Senior Government Advocate-cum-Public Prosecutor and Government Advocate-

cum-Public Prosecutor. (I) The Senior Government Advocate-cum-Public Prosecutor shall be paid a retainer of Rs.1000/-

per month and the Government Advocate-cum-Public Prosecutor shall be paid a retainer of

Rs.6oo/- per month.

(ii) For each day of appearance in courts within Sikkim (including the High Court) irrespective of

the number of cases the maximum fee per day shall not exceed Rs.300/-.

(iii) The Senior Government Advocate-cum-Public Prosecutor shall be entitled to fees for appearance

in the High Court of Sikkim at Gangtok:

(a) Rs.170/- per day for effective hearing (irrespective of the number of cases in a day

when appearing independently).

(b) Rs. 100/- per day for non-effective hearing irrespective of the number of cases in a day

when appearing independently,

(c) Rs.120/- per day for effective hearing and Rs.85/- for non-effective hearing irrespec-

tive of the number of cases in a day while appearing as a junior to the Advocate Gene-

ral, Additional Advocate General or a Senior Counsel.

(iv) The Senior Government Advocate-cum-Public Prosecutor and the Government Advocate-cum-

Public Prosecutor shall be entitled to fees for appearance in the Courts of the District and Session

Judge, Additional District and Sessions Judge and other subordinate Courts within Sikkim:

(a) Rs.100/- per day for effective hearing irrespective of number of cases in one court

and Rs.75/- per day for non-effective hearing irrespective of the number of cases in

one court while appearing independently in a courts excepting the High Court.

(b) Rs.90/- per day for effective hearing irrespective of number of cases in one court and

Rs.6o/- per day for non-effective hearing irrespective of number of cases in one

court while appearing as Junior to the Advocate General, Additional Advocate Gene-

ral or a Senior Counsel in all Courts excepting the High Court.

(v) For each consultation in connection with any case with Advocate General or Additio-

nal Advocate General subject to a maximum of three consultations in one case. — Rs.40/ -

(vi) For drafting per petition pertaning to Memorandum of Appeal counter affida-

vit, affidavit in reply, written statement ,written abjection, plant, grounds of

second appeal ,revisional application ----- Rs. 75/-

(vii) For each drafting other than those referred in (vi) above. ----- Rs. 75/-

2

(viii) "effective hearing" means the day on which any argument is heard, appeal is admitted, revision

or application or any proceeding is admitted hearing of bail applicatien, issues are framed,

witness is examined or cross-examined or charge is framed.

"non-effective hearing" means the date on which the suit or case or appeal or revision or appli-

cation or proceeding is adjourned or written statement or affidavit or application is filed in

the court, the date fixed for supply of copies.

2. Assistant Government Advocate-cum-Public Prosecutor and Assistant Government

Advocates. (i) Retainer fee per month - Rs. 200/-

(ii) For each day of appearance ir one Court within Sikkim irrespective of the number of

cases in a dav - Rs.85/-

(iii) Each drafting pertaining to memorandum of appeal, coulter affidavit, written state-

ments, cross appeals, affidavit in reply, written objection, plaint, grounds of second

appeal, revisional application. - Rs. 75/-.

(iv) Per miscellaneous drafting - Rs.20/-

(v) For each consultation with the Advocate General or Additional Advocate General

subject to a maximum of three consultations in one case - Rs.30/-

(vi) Only retainer fee TA and Medical re-imbursement shall be paid by the Home De-

partment and other fees relating to the Government cases shall be paid by the Depart-

ment involved in litigation and such bills shall be submitted in Preforma 'A' to

Accounts Section, Home Department for verification.

3. Advocates on Panel. (i) An Advocate who has been in practice for a period of more than 20 years shall be

eligible for fees at the rate of Rs.400/- per day and also fees for waiting at the same rate

per day.

(ii) An advocate who has been in practice for more then 15 years shall be paid fees at the

rate of Rs. 300/- per day for appearance and also fees for waiting at the same rate perday..

(iii) Such Advocates at (i) and (ii) above shall be eligible for free transport from the place

where be ordinarily resides and board and loelge to be arranged and paid by the Depart-

ment involved in irrigation.

(iv) Both the categories of Advocates mentioned at (i) and (ii) shall also be entitled to Rs,

100/- per drafting and Rs. 30 /- for one consulation with Advocate General or Addi-

tional Advocate General subject to a maximum of three consultations far one case.

(v) Where and Advocate - (a) who has been in practice for more than 4 years in Sikkim,

or (b) an Advocate who is a local and has been included in the panel shall be entitled

to the following fees:-

(a) For each day of appearance in Courts irrespective of the number of cases in

a day - Rs. 85/- .

(b) Each drafting pertaining to memorandum of appeal, counter affidavit, written

statements, cross a vocals, affidavits in reply, written objection, plaint,

grounds of second appeal, revisional application Rs. 75/-

(c) Per miscellaneous drafting - Rs.20/-

(d) For each consultation with the Advocate General or Additional Advocate

General subject to a maximum of three consultations in one case. Rs. 30/-

(vi) The fees of Advocates on Panel shall be paid by the Department involved in litigation,

4. All the bills for fees shall be preferred in Proforma 'A' in triplicate,and shall be submitted

to Accounts Section, Home Department.

5. Removal of doubts. When any doubt arises as to the. interpretaticn of these rules, the Home Department may with

the approval of the Minister-in-Charge of Department interpret any of the provisions of these

rules and such a decision shall be final.

BY ORDER.

(J. T. Densapa).

Home Secretary,

3

PROFORMA 'A'

________________________________________________________________________________________________________

Sl.No. Case No. Whether effec- Number of Number of Fees claimed Nos. of Cer-

Name of the tive or non- drafting consultations tificatecate

Court & Name effective hearing towards Proof

of the Parties (Appearance) of the work done

________________________________________________________________________________________________________

1 2 3 4 5 6 7

________________________________________________________________________________________________________

Name of the Government Counsel Signature of the Government Counsel

________________________________________________________________________________________________________

Certified that I have not claimed for more than three consultations, in one case. It is also cer-

tified that I have not preferred any claim for apperance/consultation other than those for which I am entitled.’

Signature of Government

Counsel.

________________________________________________________________________________________________________

________________________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 171 Gangtok, Thursday, November 24,1983

_________________________________________________________________________________________


HOME DEPARTMENT

No. 1242/Home/83. Dated Gangtok, the 16th November, 1983.

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of section 1 of the Tashi Nam-

gyal Academy Board Act, 1983 (8 of 1983), the State Government hereby appoints the 15th

day of November, 1983 as the date on which the provisions of the said Act shall come into

force.

M. P. PRADHAN,

Chief Secretary.


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 172 Gangtok, Thursday, November 24,1983.

___________________________________________________________________________________________


HOME DEPARTMENT

No. 38(28)Home/83/167. Dated Gangtok, the 19th November, 1983.

NOTIFICATION

In pursuance of Notification No. 38(28)Home/83/613 dated 1st August 1983, the Government of Sikkim

is pleased, hereby, to further extend the date of submission of the report on Judicial Inquiry by Shri G.P. Roy,

District and Sessions Judge to the Government from 15th November 83 to 15th January, 1984.

J. T. DENSAPA,

Home Secretary,


____________________________________________________________________________________________

PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK

S I K K I M


EXTRAORDINARY


No. 173 Gangtok, Thursday, November 24, 1983.

__________________________________________________________________________________________


HOME DEPARTMENT

No. 2(20) Home/77/1285. Dated Gangtok, the 22nd November, 1983.

NOTIFICATION

In exercise of the powers conferred by section 8 read with sub-section (4) of section 4

of the Sikkim Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly

(Salaries and Allowances) Act, 1977 (4 of 1977), the State Government hereby makes the follo-

wing rules to amend the Sikkim Legislative Assembly Members (Residential Accommodation)

Rules, 1981, namely:—

1. (i) These rules may be called the Sikkim Legislative Assembly Members (Residential

Accommodation) Amendment Rules, 1983.

(ii) They shall come into force on the date of their publication in the Official Gazette.

2. In the Sikkim Legislative Assembly Members (Residential Accommodation) Rules, 1981,

in Schedule—

(i) in entry (a) the following entry shall be substituted, namely:—

"(a) (i) for members of Sikkim Legislative Assembly and Members of Parliament

from Sikkim State Rs. 2/- per day for a single seat and Rs. 3/- per day for a

double-bed room.

(ii) for guests of the members referred to in item (i)-Rs. 2/- per day for each guest;

(ii) in entry (b), in the first line, after the words "Members of Parliament," the words

"other than those from Sikkim State shall be inserted".

J.T. DENSAPA,

Home Secretary,


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 174 Gangtok, Friday, November 25,1983

_________________________________________________________________________________________



Notification No.130 (792)/L.R. (S). Dated Gangtok, the 22nd November, 1983.

Declaration under Section 6 of the Land Acquisition Act 1894 (I of 1894).

Whereas the functions of the Central Government under the Land Acquisition Act,

1894 (I of 1894), in relation to the acquisition of land for the purpose of the Union have been

entrusted to the State Government by Notification No. F. 12018/12/76-L.R.D. dated 10th Jan-


under clause (I) of Articles 258 of the constitution of India.


a purpose of the union, namely for Establishment of Army in the block of West Pendam

(Bordang) District East, it is hereby declared that a piece of land comprising cadastral plots

137,136, 135, 134, 43, 43A, 73, 72, 47, 66, 48, 49, 65, 55, 68, 71, 56, 57 and measuring more

or less 24.15 acres bounded on the:—

NORTH : D.F. of Dil Bahadur Maghi, M.B. Damai, Bahadur Maghi and Narpati Bahun.

EAST : D.F. of Sukmaya, Manbir, Kalu, Sher Bdr., Man Bdr., Nandalall Newar and Khasland.

WEST : Kasmal and Teesta River.

SOUTH : Land of Shri Nandalall Pradhan and Khasmal.


West Pendam.

This declaration is made under the provision of section 6 of the Land Acquisition Act,

1894 (I of 1894) read with the said notification, to all whom it may concern.


L. A.O., Land Revenue Department, Government of Sikkim, Gangtok.

K. SHERAB,

Secretary,



__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 175 Gangtok, Friday, November 25, 1983.

_________________________________________________________________________________________



GANGTOK

Notification No. 129(136)/L.R. (S). Dated Gangtok, the 22nd November, 1983.

Declaration under Section 6 of the L.A. Act I of 1894.

Whereas the function of the Central Government under the Land Acquisition

Act, 1894 (I of 1894), in relation to the acquisition of land for the purpose of the Union

have been entrusted to the State Government by Notification No. F. 12018/12/76-LRD

dated 10 th January 1978 issued by the Government of India in the Ministry of Agriculture

& Irrigation under clause (I) of Articles 258 of the Constitution of India.


a purpose of the Union, namely for the construction of road starting from Lachung to Zekup-

hyak in North Sikkim, in the Block of Lachung Elakha Lachung District North it is hereby

declared that a piece of land comprising survey plots shown in the schedule of properties below

measuring more or less 55. 89 acres is needed for the aforesaid public purpose at the public

expense v/ithin the aforesaid block of Lachung.

This declaration is made under the provision of section 6 of the land Acquisition Act,

1894 (I of 1894 ) read with the said notification, to all whom it may concern.

A plan of the land may be inspected in the office of the Collector-cum-Sp. L.A.O.,

Land Revenue Department, Govt, of Sikkim, Gangtok.


Plot No. 1 to 90 shown in the fresh plan prepared by the District Collector, North for

acquisition of private lands involving on aforesaid road in absence of cadastral survey records.

By Order of the Governor.

K. SHERAB,

Secretary,



______________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 176 Gangtok, Friday, November 25,1983. __________________________________________________________________________________________



GANGTOK

No. 2/83/LSGHD. Dated Gangtok, the 25th November, 1983.

ORDER

WHEREAS in a place known as Majhi Goan between Jorethang Bazar and Rangit

River, residential and other buildings have been constructed in an unplanned manner;

AND WHEREAS it is fearned that the unplanned construction of Majhi Goan and

the flow of entire rubbish, dirt and filth of Jorethang Bazar to Majhi Goan may convert the

said Majhi Goan to slum area;

AND WHEREAS there is no law at present relating to Town and Country Planning;

NOW THEREFORE, the State Government has decided that its Local Self Govern-

ment and Housing Department may exercise control over the said Majhi Goan in the manner

hereinafter provided for the development of the area comprised of Majhi Goan in the interest

of the person residing in the said Majhi Goan, namely;

1. That any persons who owns any land in Majhi Goan shall continue to be the righful owner

of such land but they shall not construct new residential buildings, shops or other structures

unless the Blue Print Plan thereof is a proved by the Local Self Government & Housing Depart-

ment.

2. That no person shall extend or alter their existing residential buildings, shops or other struc-

tures without first obtaining the approval of the Local Self Government and Housing Depart-

ment.

3. That the owners of existing residential buildings, shops or other structures shall alter the

existing drains in such manner as may be directed by Local Self Government and Housing

Department.

T. P. SHARMA,

Secretary,

Local Self Government & Housing Department,


____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 177 Gangtok, Friday, December 2,1983.

________________________________________________________________________________________



NOTIFICATION

No. 832/ST/3854. Dated Gangtok, the 26th November, 1983.

The State Government proposes to amend Schedule I to the Sikkim Sales Tax Act, 1983 (4 of 1983) in

exercise of the powers conferred on it by sub-section (2) of section 8 of the said Act with effect from the 12th

May, 1983 by including(i) drugs and formulations, (ii) tea and betel nuts and (iii) newsprint purchased by small

and medium newspapers for their bonafide use within Sikkim as serial Nos. 32, 33 and 34 respectively. As

required by sub-secticn (2) of section 8 of the Sikkim Sales Tax Act, 1983 notice is hereby given for information

of all persons likely to be affected that the notification of amending the Schedule will be issued on the expiry of

a period of fifteen days from the date of publication of this notification in the Official Gazette.

Any objections or suggestions which may be received from any person with respect to

the said proposal shall be considered by the State Government.

Objections or suggestions, if any, may be sent to the Commissioner of Commercial

Taxes, (Income Tax and Commercial Taxes), Finance Department, Government of Sikkim.

K.C. PRADHAN,

Commissioner,

Department of Commercial Taxes,


Gangtok.

__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 178 Gangtok, Wednesday, December 14,1983

___________________________________________________________________________________________


HOME DEPARTMENT

No. 6(38)Home/83/198. Dated Gahgtok, the 3rd December, 1983

NOTIFICATION

In exercise of the powers under sub-section (1) of Section 492 of the Code of Criminal

Procedure, 1898 (Act V of 1898) the State Government hereby appoints Shri R. K. Agarw

Advocate, to act as Public Prosecutor for the State of Sikkira with immediate effect.

J. T. DENSAPA,

Home Secretary,


____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 179 Gangtok, Wednesday, December 14, 1983.

____________________________________________________________________________________________

HOME DEPARTMENT (ELECtION)

NOTIFICATION NO. 40/83/H. Dated Gangtok, the 5th December, 1983.

The following Notification No. 56/82-XIV, dated the 22nd November, 1983 of Election


NOTIFICATION

Whereas the Election Commission of India has, by its notification No. 56/82-VI dated

the 1st December, 1982, accorded adhoc recognition to Indian Congress (J), as a State Party in

the State of Haryana in terms of Para 6 of the Election Symbols (Reservation and Allotment)

Order, 1968, on the basis of provisional information regarding general election held in that

State held in 1982 made available;

And whereas the adhoc recognition granted was made subject to review of the poll

performance of that party on receipt of final figures in respect of the relevant General Election.

And whereas the Election Commission is satisfied on the basis of the information now

available in its possession that the Indian Congress (J) is entitled for registration and recogni-

tion on the basis of its poll performance during the general election to the Haryana Legislative

Assembly held in May, 1982;

Now, therefore, in pursuance of clause (b) of sub-para (1) and sub-para (2) of para-

graph 17 and paragraph 18 of the said symbols order the Election Commission hereby directs

that the Indian Congress (J) shall be a State Party in the State of Haryana under para 6 of the

said Symbols Order, with election Symbols 'Scales' resrved for it.

The recognition granted is subject to the following condition:—

(i) The party shall communicate to the Commission without delay any change in its

name, head office-bearers and addresses or polticial principles, policies, aims and object-

tives and any change in any other material matters;

(ii) The party shall intimate the Commission immediately whenever any amendments

are issued to party constitution along with the relevant documents like the notice for

the meeting to consider amendments, agenda for the meeting, minutes of meeting

where the amendments have been carried out, etc;

(iii) The party shall maintain all the records like Minutes Book, Account Books, member-

ship registers, receipt Books, etc properly;

(iv) The said records shall be open for inspection at any time by the authorised represent-

tative (s) of the Commission; and


By Order,

Sd/- K.GANESAN,

TASHI WANGCHUK, Secretary.

Under Secreatry(Election).

____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 180 Gangtok, Wednesday, December 12,1983.

_________________________________________________________________________________________


HOME DEPARTMENT

No. 6(21) Home/79/204. Dated Gangtok, the 6th December, 1983.

OFFICE ORDER

Shri J. C. Ghosh, Advocate, appointed to act as Public prosecutor for the State of

Sikkim, vide Notification No. 6(21)Home/79/935 dated 21st September, 1983, in Sessions Case

No. 40 of 1977 shall be paid fees at the rate of Rs. 400/- per day and also fees at the same rate

for waiting, Rs. 100/- per drafting and Rs. 30/- for one consultation with the Additional Advo-

cate General, Sikkim, subject to a maximum of three consultation in one case.

The fees shall be paid by the Police.

By Order.

TSEGYAL TASHI,

Under Secretary,

Home Department.

__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 181 Gangtok, Friday, December 16,1983 _______________________________________________________________________________________

OFFICE OF THE DISTRICT & SESSION JUDGE

SIKKIM AT GANGTOK

No. 302/D&S.J. Dated 3rd October, 1983.

NOTICE

WHEREAS by Notification No. 38 (28)Home/83/613 dated 1st August, 1983 issued by

the Government of Sikkim, I have been appointed, under the Commission of Inquiry Act

1952, to enquire into the circumstances leading to the death of Shri Kharga Bahadur Gurung

son of late Ram Bahadur Gurung resident of village Kopchey, within the jurisdiction of

Rhenock Police Station: NOTICE is hereby given to all concerned interested in the matter to

file their written statements, supported by affidavits, for the purpose of this inquiry, before the

undersigned in the District & Session Court, Gangtok during office hours, within fifteen days

from the date of publication of this notice.

G.P. ROY,

District & Session Judge,

Gangtok.

________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 182 Gangtok, Friday, December 16, 1983.

_________________________________________________________________________________________


HOME DEPARTMENT

No. 222/Home/83/224. Dated Gangtok, the 14th December, 1983.

CORRIGENDUM

In the notification of the Government of Sikkim in the Home Department No. 1242/-

Home/83, dated the 16th November, 1983, published in Sikkim Government Gazette No. 171,

dated the 24th November, 1983, for "15th day of November, 1983" read "24th day of Novem-

ber 1983."

M. P. PRADHAN,

Chief Secretary,


__________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


No. 183 Gangtok, Thursday, December 22,1983. ____________________________________________________________________________________________


NOTIFICATION NO. 40/83/H.

Dated Gangtok, the 17th December, 1983.

The following Notification No. 56/82-XV, dated the 13th December, 1983 of Election


NOTIFICATION

In exercise of the powers conferred by clause (d) of sub-para (1) and sub-para (2) of

Paragraph 17 of the Election Symbols (Reservation and Allotment) Order, 1968, the Election

Commission hereby makes the following further amendments to its notification No. 56/82,

dated 8th April, 1982, published in the Gazette of India, Extraordinary, Part II, section 3(iii),

dated the 12th April, 1982:-

IN TABLE 4 appended to the said notification against item 21. Uttar Pradesh men-

tioned in column 1, insert the following entries in column 2, thereof:—

"26 Cycle."

The above amendments shall be deemed to have come into force with effect from 3rd

December, 1983.

By Order,

Sd/- R.P. BHALLA,

Secretary.

Tashi wangchuk, Under Secretary (Election)

____________________________________________________________________________________________


S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, January, 1983 No. 1

____________________________________________________________________________

CONTENTS Page

PART I-Nil

PART II—Notifications regarding appointments, postings

transfers, leave etc. 2 3

PART III- Nil

PART IV –Nil

PART V- Nil

PART VI-Nil

PART VII- Nil

PART VIII-Nil

PART IX- (i) –Nil

PART X- (ii) -Nil

2 SIKKIM GOVT. GAZETTE, JANUARY, 1983 PART

_____________________________________________________________________________ PART II

Notifications regarding appointments, postings, transfers leave etc.


NOTIFICATION

No. 59/HCS.


In modification of this Court's Noti-

fication No. 46/HCS & No. 55/HCS dated

21st October 1982 & 9th December, 1982

respectively, it is hereby notified for general

information that vacation Court will sit

from 3rd January, 1983 to 12th January,

1983 and from 21st Feb., 1983 to 26th

Feb, 1983 instead of the period notified

earlier.

By Order

G. K. KHANNA,

Deputy Registrar.


OFFICE ORDER

No. 1231/(Gen)/Est.

Dated Gangtok, the 31st December, 1982.

Shri James B.K. Basnett, Adminis-

trative Officer, Forest Department, who

will complete 25 years of service as on

31.3.83, is hereby permitted to retire from

Service w.e.f. 1.4.83 under Retirement

Rule 99(2).

By Order

L. B. RAI,

Deputy Secretary,


OFFICE ORDER

No. 1235/(Gen)/Est.


In continuation of the Home Depart-

ment Notification No.41 (3) Home/79/

3024 dated the 21st October, 1982, ShrI

Sonam Gyamtso, Deputy Director, Indus-

tries Department, is hereby appointed as

Managing Director of Sikkim Industrial

Development & Investment Corporation

Limited on deputation to the SIDICO.

His service on deputation shall be governed

by the terms and condition as laid down

in this Department Notification No. 100/

Gen/Est. dated 18-7-1981.

On deputation, he will carry his own

grade and pay.

By Order

M. P. PRADHAN,

Chief Secretary,


OFFICE ORDER

No. 1273/(G)/Est.


Shri Santa Bahadur Pradhan, presently

on deputation to SRDA as Assistant Project

Officer, is hereby reverted and transferred

as Deputy Development-Cum-Panchayat

Officer (South), Rural Development De-

partment with immediate effect.

On transfer, he will carry his own pay

and scale.

By Order

L.B. RAI,

Deputy Secretary,


OFFICE ORDER

No. 1278/(G)/Est.

Dated Gangtok, the 12th January, 1983

The Governor is pleased to place the

following officers of the Sikkim State Civil

Service in the scale of Rs 1200-60-1440

Eb-70-2000 w.e.f. 8.1.82.

1. Shri B.S. Pradhan,

2. Shri D.K. Gazamere,

3. Shri D. Dadul,

4. Shri R.S. Shrestha,

5. Shri Lobzang Bhutia,

6. Shri L.B. Rai,

7. Km. B.M. Singh,

8. Smt. R.D. Rechung

Their inter-se-seniority in the grade

of Rs. 1200-2000 will continue to be the

same as notified in this Department No-

tification No. 193/(G)/Est. of 2.12.82.

By Order

T. CHHOPHEL,

Secretary,


________________________________________________________________________________________________


GAZ. 1-300C-10-183.

PART II SIKKIM GOVT. GAZETTE, JANUARY, 1983 3

____________________________________________________________________________________________

OFFICE ORDER

No. 1309/(G)/Est.


The post of Deputy Director, Indus-

tries Department, held by Shri Son am

Gyamtso is hereby re-designated as Deputy

Secretary with immediate effect.

By Order

L. B. RAI,

Deputy Secretary,


OFFICE ORDER

No. 1321/(G)/Est.


In the interest of public service, the

Governor of Sikkim is pleased to place

the Departments in charge of each Secre-

tary to the Government of Sikkim men-

tioned against each of them with imme-

diate effect.

1. Shri J.T. Densapa, IAS, shall take

over charge of the Sikkim Nationalised

Trasport in addition to his present charge

of Home Department. He shall hand over

charge of the Sikkim Vigilance Police

to Shri J.K. Thapa.

2. Shri K. Sherab shall take over charge

of the Land Revenue Department and

Survey & Settlement Department. He shall

hand over charge of the Finance Depart-

ment to Shri K.C. Pradhan.

3. Shri K.C Pradhan, IAS, shall take

over charge of the Finance Department

in addition to his present charge of Animal

Husbandry Department. He shall

hand over charge of the Health & Family

Welfare Department including Social Wel-

fare to Shri J.K. Thapa.

4. Shri T.P. Sharma, I.A.S., shall conti-

nue to hold charge of the LSG. & Housing

Department and Motor Vehicles. He shall

hand over charge of the Sikkim Nationa-

lised Transport to Shri J.T Densapa.

5. Shri J.K. Thapa, I.A.S., on reversion

from deputation from the Government of

India shall take over charge of the Health

& Family Welfare including Social Wel-

fare. He shall also be in charge of the

superintendance of the Sikkim Vigilance

Police.

6. Shri P.K. Pradhan, I.A.S., shall take

over charge of the Excise Department in

addition to his present charge to the Pan-

hayat & Rural Development Department.

BY ORDER AND IN THE NAME OF THE

GOVERNOR.

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 1374/(G)/Est.

Dated Gangtok, the 31st January, 1983.

In the interest of Public Service, the

following inter departmental transfers are

hereby made to take effect from 1.2.83.

1. Shri B.P.S. Basnett, Deputy Director,

I & PR. is transferred to the Sikkim

Legislative Assembly Secretariat as

Deputy Secretary vice Shri B. S. Rai.

2. Shri Ugen Dorjee Lama, Deputy Direc-

tor, I. & P.R. shall take over charge

of the assignment of Shri B. P. S.

Basnett.

3. Shri B. S. Rai, Deputy Secretary,

Sikkim Legislative Assembly Sectt. is

transferred and posted as Deputy

Director, I. & P.R. vice Shri Ugen

Dorjee Lama.

By Order

L. B. RAI,

Deputy Secretary,


OFFICE ORDER

No. 228/(G)/Est

Dated Gangtok, the 31st January, 1983

Shri Dilliram Nepal,Office Superinten-

dent, Land Revenue Department, is hereby

promoted and posted as Private Secretary

to Hon'ble Minister for Agriculture Animal

Husbandry and Cooperative Department,

in the scale of Rs. 660-25-910Eb-30-1240

Eb-40-1400 with immediate effect.

By Order

L. B. RAI,

Deputy Secretary,


S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, February, 1983 No. 2

________________________________________________________________________________________

CONTENTS Page

PART I— Nil

PART II— Notification regarding appointments, postings 6 - 10

tansfer, leave etc.

PART III __ Rules, Orders) Press Notes etc. 11

PART IV — Nil

PART V __ Nil

PART VI __ Nil

PART VII __ Nil

PART VIII__ Nil

PART IX — (i)Nil

PART X — (ii) Nil

6 SIKKIM GOVT. GAZETTE, FEBRUARY, 1983 PART II

______________________________________________________________________________________________________



NOTIFICATION

No. 3/HCS/ESTT.


The Two posts of Accountant, in the

Court of Civil Judge-cum-Judicial Magis-

trate, Namchi and Gyalshing, are hereby

extended upto 29.2.1984.

By Order

AMARJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No.4 /HCS/ESTT.


The Following temporary posts, in the

Court of District and Sessions Judge,

Gangtok, in the pay scales shown against

them are hereby extended for another

year i.e. upto 29.2.1984. Sl. Name of post Number Pay Scale

No

1. Office Superin- l(one) 550-20-750-Fb-25-950-Eb-

tendent 30-1100.

2. Senior Accountant l(one) 550-20-750-Eb-25-950-Eb-

30-1100.

3. Judgment Writer l(one) 450-12-570-Eb-15-720-Eb-

(in the grade of 20-800.

Stenographer III)

4. LDA. l(one) 380-7-450-Eb-8-530-Eb-10

550.

5. Peon I(one) 300-4-340-5-380.

6. Frash l(one) 300-4-340-5-380

7. Chowkidar l(one) 300-4-340-5-380.

8. Mali l(one) 310-4-330-5-400.

By Order

AMARJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No. 5/HCS/ESTT.


The following temporary posts, in the

Court of Civil Judge-cum-Judicial Magis-

trate, East and North Districts in the pay

scales shown against them are hereby exten-

ded for another year i.e. upto 29.2.1984.

Sl. Name of post Number Pay Scale No.

1. Peshkar l(one) 410-10-580-Eb-12-700.

2. Stenographer l(one) 450-12-570-Eb-15-720Eb-20-800.

3. L.DA. l(one) 380-7.450-Eb-8-530.Eb-10-550.

4. Peon I(one) 300-4-340-5-380.

By Order

AMATJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No. 6/HCS/ESTT.

Dated Gangtok, the 23rd February, 1983

The following temporary posts, on the High

Court Establishment, in the pay

scales shown against them are hereby

extended for another year, i.e. upto 29 .2.

1984. Sl. Name of- post Number Pay Scale

No.

1. Assistant Registrar 2(Two) 460-25-910-Eb30-1240-

Eb-40-1400.

2. Accounts Officer l(one) 660-25-910-Eb-30-1240-

Eb-40-1400.

By Order

AMARJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No.7/HCS/ESTT.

Dated Gangtok, the 28th February, 1983

The following temporary posts, on the

High Court of Establishment, in the pay

scales shown against them are hereby

extended for another year, i.e. upto 29.2.

1984.

Sl. Name of post Number Pay Scale

No.

1. Head Assistant 2(two) 450-12-570-Eb-15-720-Eb-

20-800.

2. Judgment writer l(one) 480-12-600-Eb-15-750-Eb-

(Grade II) 20-850

3. StenograDher l(one) 450-12-570-Eb-15-720-

Eb-(Grade III) 20-300.

4. U.D.A. l(one) 410-10-580-Eb-12-700

5. Assistant Librarian l(one) 410-10-580-Eb-12-700

6. Accountant l(oue) 450-12-570-Eb-15-720-Eb-

20-800.

By Order

AMARJIT CHOPRA,

REGISTRAR.

PART II SIKKIM GOVT. GAZETTE, FEBRUARY, 1983 7

_____________________________________________________________________________________________________

NOTIFICATION

No. 8/HCS/ESTT.


The following temporary posts, on the

High Court Establishment, in the pay scales

shown against them are hereby extended

for another year, i.e. upto 29.2.1983. Sl. Name of post Number Pay Scale

No.

1. L.D.A. 3(Three) 380-7-450-Eb-8-530-Eb-10-550.

2. Supervisor l(one) 380-7-450-Eb-8-530-Eb-10-550

3. Restorer l(nne) 340-6-388-7-500.

4. Peon . l(one) 300-4-340-5-380.

5. Sweeper-Cum- l(one) 300-4-340-5-380,

Chowkidar

By Order

AMARJIT CHOPRA,

REGISTRAR.


NOTIFICATION

No. 215/(Gen)/Est


The Governor is pleased to sanction

creation of 6 posts of Joint Director in

the scale of Rs. 1200-2000 in Education

Department as under with immediate

effect: —

Break-Up Debi table

Budget Head

1. Joint Director

(Planning & Moni- -277-A2(l)(1)(1)

toring) Direction &

Adm. (Plan)

2. Joint Director -do-

(Establishment & Adm.)

3. Joint Director (Higher -do-

Education & Sikkim

Board of School

Education)

4. Joint Director (Inspec- -do-

tion & Supervision) for

North & East Districts

5. Joint Director (Inspec- -do-

tion & Supervision) for

South & West Districts

6. Joint Director (State

Institute of Education) 277-A-1 (3)

(1)(1)

S.I.E.(Plan).

D. K. PRADHAN,

Under Secretary,


NOTIFICATION

No. 216/Gen/Est.


The Governor is pleased to sanc-

tion creation of the following posts for

the state Family Welfare Bureau under

Health & Family Welfare Department

with immediate effect:—

Name of No. of post Pay scale

the post created

1. Store Officer 1 Rs. 660-1400

2. Inspection

Officer 1 Rs. 510-900

3. Accountant 1 Rs. 450-800

4. UDC 1 Rs. 410-700

5. Typist 1 Rs. 380-550

6. Packer 2 Rs. 300-380

Expenditure on the aforementioned

post shall be debitable to major Head 281-

B Family Planning.

Further the Governor is pleased to

establish 6 new Primary Health Sub-Centres

at places sanctioned below:

1. Naga in North Sikkim,

2. Lingdok in East Sikkim,

3. Ranka in East Sikkim,

4. Uttarey in West Sikkim,

5. Lingchom in West Sikkim,

Okhery in West Sikkim.

For the above P.H.S.C. the following

posts are created:—

No. of post

created.

1. Compounder-Rs. 450-800 6

2. A.N.M. - Rs. 410-700 6

3. Ward Atten-

dant - Rs. 300-380 6

The expenditure on the above-men-

tioned posts shall be debitable to Major

Head 280-Ai(2)(10)PHSC (Plan).

D. K. PRADHAN,

Under Secretary,


8 SIKKIM GOVT. GAZETTE, FEBRUARY, 1983 PART II

________________________________________________________________________________________________

NOTIFICATION

No. 229/(Gen)/Est

Dated Gangtok, the 1st February, 1983

The Governor is pleased to create posts

sanctioned below for Reserve Line and

also to confirm the sanctioned strength

of yarious posts in different Section of

Police Deptt. as under:- Police Reserve Existing No. posts Total

Line sanctioned created sanctioned

strength strength.

(i) (a) Superintendent 1 - 1

of Police

(ii) (b) Dy. Supdt. of 2 - 2

Police

(iii) (c) Inspector - 11

(iv) (d) Sub Inspector 9 - 9

(e) Asstt. Sub- 3 - 3

Inspector

(f) Head Constable 43 10 53

(g) Naik 7 - 7

(h) Constable 289 35 324

(i) Follower 23 - 23

Expenditure of the posts created above

shall be debitable to Major Head "255

Police A3 (2)(1) Series". 2. M.T.Section

(i) Sub-Inspector 1 - 1

(ii) Head Constable 6 - 6

(iii) Driver 32 - 32

3. Mechanic Seqtion

(i) Foreman 1 - 1

(ii) Jr. Foreman 1 - 1

(iii) Fitter Gr. I 2 - 2

(iv) Fitter Gr. II 2 - 2

(v) Fitter Grade III 3 - 3

(vi) Fitter Grade IV 5 - 5

4. Pipe/Brase Brand

Section

(i) Sub-Inspector 1 - 1

(ii) Head Constable 9 - 9

(iii) Constable 84 - 84

(including L/Nk&Nk)

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 238/Gen/Est.



the creation of follwing posts in the

Printing Department with immediate

effect:—

Sl. Name of post No. of Scale

No. created. post

1. Machine Operator 1 Rs. 380-550

2. Assistant Operator 1 Rs. 300-380

The expenditure on the above posts

shall be debitable tp Budget Head '258'

"Stationery & Printing A1(1)(1)- Salaries

(Plan)":

L.T.TONYOT,

Joint Secretary,


NOTIFICATION

No. 239/(G)/Est.



the creation of one post of Peon in the

scale of Rs. 300-4-340-5-380 for Bombay

Office of the Tourism Department with

immediate effect.

The expenditure on the above post

shall be debitable to Budget Head-Infor-

mation and Publicity A2(l)(l)-Salarie

(Plan).

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 257/(G)/Est.



creation of two posts of Agriculture Engi-

neer in the Agriculture Department in the scale

of Rs.660-25-9l0-Eb-124-Eb-40--1400 with

immediate effect.

The expenditure on the aboye posts

shall be debitable to Major Head -305B

Agriculture-Sub. Head -B14 Agriculture

Engineer Salary.

D. R. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1425/(Gen)/Est.

Dated Gangtok, the 25 the September, 1983

Shri V. D. Sharma, Principal, I.T.I

Rangpo, Industries Department, shall draw

his grade pay of Rs. 1350/-p.m. w.e.f

1.12 82. In addition , he will draw the follo-

wing allowances:-

1. D.A - Rs. 243/-

PART II SIKKIM GOVT. GAZETTE, FEBRUARY, 1983 9

______________________________________________________________________________________________

2. A.D.A - Rs. 637/-

3. Deputation

Special pay - Rs. 270/-

4. Composite

Compensatory

Allowance - Rs. 270/-

By Order,

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1429/(G)/Est.

Date4 Gangtok, the 9th February,1983

Dr. Namendra Kumar Chettri, is hereby

appointed as GDMO, S.T.N.M. Hospital is

the Health & Family Welfare Department

in the Junior Contract scale of Rs 900-

40-1180-Eb-45-1450-Eb-50-1800 on as Adhoc

basis for a period of three months w.e.f.

23.11.82 (AN) i.e. the date of his joining.

He will draw a basic pay of Rs. 900/-

p.m. in the above scale plus other allo-

wance is admissible under the rules.

As mutually agreed and accepted by

him, his services shall be governed by the

terms and conditions as laid down in this

Department Notification No.210/Gen/ Est

of 4.2.81 as extended from time to time.

By Order,

L. B. RAI,

Joint Secretary,


NOTIFICATION

No.l435/Gen/Est.


In pursuance of the instructions con-

tained in the Department of Personnel &

Administrative Reforms letter No. 25011/

50/77-A1S II dated 14th February, 1978

the State Govt, of Sikkim, hereby consti-

tutes a Committee for the purpose of

review of services of members of I.F.S.

on attaining the age of 50 years or on

completion of 30 years of qualifying

services. The Review Committee will

consist of :

1. Chief Secretary to the Go-

vernment of Sikkim. -

2. Secretary Forest Department.

3. Secretary, Establishment De-

partment-

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1436/(G)/Est.


Consequent on the promotion of Shri H. B.

Thapa,and, S/Shri H. C. Singh and

D. K. Mukhia under this Department OO.

No. 1151/G/Est. of 33.80, the following Agricultural

Inspectors of the Agriculture Department who were

senior to the above-named three Officers but were

under trai-

ning, are hereby placed in the scale of Rs.

660-25-910-EB-3p-li40-EB-40-1400, class II gazetted

grade, w.e.f. 4.3.1980:—

1. Shri S.K. Rasaily,

2. Shri I.L. Upreti,

3. Shri Dorjee Tenzing.

2. Cansequent on their return to the

Department on completion of M. Sc course,

the aforesaid officers are hereby posted as

under from the date, of their joining:-

1. Shri SK. Rasaily as Research As-

sistant with headquarters at Pa-

kyong, East Sikkim.

2. Shri I.L. Uprety as Assistant Plant

Breeder with headquarters at Bur-

mek Regional Centre, South Sikkim.

3. Shri Dorjee Tenzing as Soil Rec-

lamation Officer with headquarters

at Gangtok.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1466/(G)/Est.

Dated Gangtok, the 21st February, 1983.

With the concurrence of Ministry of

Home Affairs, Government of India, New

Delhi, as conveyed vide their letter No.

12012/2/82-SKM of 1.1.83, the term of

deputation in respect of Shri M. L. Kapoor,

10 SIKKIM GOVT. GAZETTE, FEBRUARY 1983 PART II

______________________________________________________________________________________________

Budget Officer, Finance Department, in

extended upto 31.3.83 with continued pay-

ment of composite compensatory allo-

wances.

By Order

L. B. RAI,

Joint Secretary,


FINANCE DEPARTMENT

OFFICE ORDER

No. 394/Fin.

Dated Gangtok, the 5th January, 1983

Shri N.K. Karki, Statistical Officer

Bureau of Economics and Statistics, Go-

vernment of Sikkim, who has since been

promoted as Assistant Director ( Statistics)

in the Department is allowed to continue

to discharge the duties of Drawing and

Disbursing Officer until further orders.

By Order

D. NIODUP,

Chief Accounts Officert

Finance,


OFFICE ORDER

No. 421/Fin.


Shri M. Chandran, Acting Principal,

Tashi Namgyal Acadamy is hereby declared

as Drawing and Disbursing Officer with

immediate effect.

By Order

L. B. PRADHAN,

Joint Secretary,

Finance Department.

OFFICE ORDER

No. 441/Fin.

Dated Gangtok, the 8th February,1983

During the abscence of Shri T.T.

Bhutia, Director of Printing, Government

of Sikkim, on leave w.e.f. 1.2.1983,Shri

P. K. Gurung, Deputy Director, Printing

Department, Government of Sikkim , as

hereby declared as Head of Office as will

as Drawing and Disbursing Officer with

immediate effect till the return of Shri

T. T. Bhutia from leave.

By Order

D. NIODUP,

Chief Accounts Officer,

Finance,


OFFICE ORDER

No. 452/Fin.


Shri Mahades Prasad Subedi, Accounts

Officer, Education Department, Government

of Sikkim, is hereby declared as Drawing

and Disbursing Officer with effect from

14.2.1983.

Consequently this Department's Office

Order No.247/Fin dated 26.2.1980 de-

claring Shri Pern Tshering Bhutia, the them

Accounts Officer, Education Department,

Government of Sikkim, as Drawing and

Disbursing Officer stands withdrawn with

effect from the above date.

By Order

D. NIODUP,


Finance,


PART III SIKKIM GOVT. GAZETTE, FEBRUARY, 1983 11

________________________________________________________________________________________________

PART III

Rules, Orders, Press Notes etc.

OFFICE OF THE SECRETARY

SCHEDULED CASTE AND TRIBE WELFARE DEPARTMENT

GANGTOK

Notification No.1/SC/STWD. Dated the 10.2.83.

AWARD FOR INTER-CASTE MARRIAGE

As a measure to discourage the practice of casteism and untouchability and

also to encourage inter-Caste marriage between the Scheduled Castes and non-

Scheduled Caste, the Government of Sikkim are pleased to approve a scheme "Award

for Inter-Caste Marriage". The eligibility for the grant of award will be guided by

the following rules:

1. The amount of the grant shall not exceed Rs. 2,000/-in each case.

2. The couple should be Indian citizens with permanent domicile in Sikkim.

3. The grant shall be admissible to a marriage solemnised by registration or

conventional way and certificate to that effect from the District Magistrate

concerned is produced.

4. Grants shall be given for the first marriage only and for the living spause.

Grants for 2nd marriage will be permissible if the spause is a widow/Widwer

and the other partner is also single.

5. Prematric and Post-matric Scholarship shall be reserved for one child who

is born out of the wedlock of the couple receiving such grant.

6. The Income of both husband and wife taken together from all sources should

not exceed Rs. 6,000/- per annum to be eligible for the grant.

7. Application for such grant shall be made and recepted jointly by both the spouses.

8. The scheme for the grant of intercaste marriage is effective from 1.4.1980.

9. Forefeiture: (2.10.1982).

1. In the event of divorce or dissolution of the marriage within 5 years from the

date of the receipt of the grant the defaulting spouse shall refund the entire cash grant to

the Govt. The decision of the district magistrate in declaring a spouse to be at fault will be

final.

By Order

PASONG NAMGYAL,

Secretary to the Govt, of

Sikkim, SC/ST Welfare Department.

_____________________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS

GAZ. 2-300C-19-3-03

S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, March, 1983 No. 3

________________________________________________________________________________________

CONTENTS Page

PART I—Nil

PART II—Notifications regarding appointments, postings, 14-2

transfers, leave etc.

PART III—Nil

PART IV—Nil

PART V—Nil

PART VI—Nil

PART VII—Nil

PART VIII—Nil

PART IX — (i) Nil

PART X— (ii) Nil

SIKKIM GOVT. GAZETTE, MARCH, 1983 PART II

_____________________________________________________________________________________________________

PART II



NOTIFICATION

No. 11/HCS/ESTT.


Hon'ble the Chief Justice has been

pleased to create a temporary post of Assis-

tant Registrar, on the High Court Estab-

lishment, in the pay scale of Rs. 660-25-910

Eb-30-1240-Eb-40-1400, with immediate

effect till 29.2.1984.

AMARJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No.l2/HCS/ESTT.


Hon'ble the Chief Justice has been

pleased to promote Shri Kesang Dorjee

Bhutia, Office Superintendent of this

Court, as Assistant Registrar on the High

Court Establishment, against the newly

created post, in the pay scale of Rs. 660-

25-910-Eb-30-1240-Eb-40-1400, plus other

allowances as admissible under the rules,

on purely temporary basis, with immediate

effect.

AMARJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No. 13/CONFDL/HCS.

Dated Gangtok, the 23rd March, 1983.

It is hereby notifed for general informa-

tion that the Subordinate Courts of Sikkim

shall observe the same holidays, as observed

by the State Government, during the year

1983.

By Order

AMARJIT CHOPRA,

REGISTRAR.

HOME DEPARTMENT

OFFICE ORDER

No.438/Home/83.


The Secretary, Rural Development

Department will take over charge as Chair-

man, Sikkim Rural Development Agency

from the Development Commissioner with

effect from 1st April, 1983.

By Order

M. P. PRADHAN,

Chief Secretary,



OFFICE ORDER

No. 1460/(Gen)/Est.

Dated Gangtok, the 21st February, 1983

Shri Nedup Tshering Bhutia, Inspector

(S.B.), Police Department, is retired from

service on superannuation with effect from

14.2.83. (AN).

By Order

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1469/(G)/Est.

Dated Gangtok, the 22nd February, 1983.

Dr. (Miss) Changchup D. Chankapa,

MBBS, is hereby appointed as Lady Medical

Officer, Health & Family Welfare in the

S.T.N.M. Hospital, Health & Family Wel-

fare Department, in the scale of Rs.

660-25-910 EB-30-1240EB-40-1400 w.e.f. the

date she assumes charge of the post.

She will draw a basic pay of Rs. 660/-

p.m. in the above scale with other allowan-

ces as admissible under the rules.

As usual, she will be on probation for

one year.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1470/(G)/Est.


Dr. S.K. Singh is hereby appointed as

Medical Officer-in-charge, Senek PHC

PART II SIKKIM GOVT. GAZETTE, MARCH, 1983

________________________________________________________________________________________________

under Health & Family Welfaer Department

in the scale of Rs. 900-40-1180 EB-45-1450

EB-50-1800 on an adhoc basis for a period

of three month w.e.f. 4.11.82 (AN) i.e. the

date of his joining.

He is allowed to draw a basic pay of

Rs. 900/-p.m. in the above scale with other

allowance as admissible under the rules.


him, his service shall be governed by the


Department Notification No. 250/G/Est of

4.2.81.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1473/(G)/Est.


The Contract Service of Shri Raj

Bahadur, Chief Fire Officer, Police Depart-

ment, is hereby terminated with effect from

the date following the expiry of one month's

notice to take effect from the date of issue

of this order.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1478/(Gen)/Est.


With the concurrence of the Govt, of

Kerala and Government of India as conve-

yed vide Department of Personnel & Admi-

nistrative Reforms message No. 14017/20/82

-AIS (II) of 15.1.83, the term of deputation

in respect of Shri R. Narayanan, IAS,

Development Commissioner-cum-Secretary,

Planning & Development Department, is

hereby extended for a further peried of one

year w.e.f. 1/2/83 to 31.1.84 on the existing

terms and condition of deputation as amen-

ded from time to time.

By Order

L. B. RAI,

Deputy Secretary,


OFFICE ORDER

No. 1496/(Gen)/Est.

Dated Gangtok, the 25th February, 1983

Dr. Somadutta Sharma, M.B.B.S.,is

hereby appointed as Medical Officer-in

Charge, Rangpo PHC, Health & Family

Welfare Department in the scale of Rs. 660

-25-910-EB-30-1240-EB-40-1400 with effect

from 14.9.82 (AN), i.e. the date of his joi-

ning.

He will draw a basic pay of Rs 660/-

p.m. in the above scale with other allowaen-


As usual, he will be on probation for

one year.

By Order

D. K.PRADHAN,

Under Secretary,


NOTIFICATION

No.252/Gen/Est

Dated Gangtok, the 7th March, 1983

The Governor is pleased to upgrade

Melli PHSC as PHC and to sanction

creation of the posts mentioned below:-

Name of post: No. of post Scale:

created 1. Medical Officer 1 Rs. 660-1400

900-1800

2. Lab Technician 1 Rs, 450-800

3. A.N.M. 2 Rs..410-700

4. Jr. Store Keeper 1 Rs. 380-580

5. Driver 1 Rs. 350-550

6. Cook 1 Rs..320-450

7. Dhobi 1 Rs..310-400

8. Peon/Chowkidar 1 Rs. 300-380

9. Ward Attendent (Male) 1 Rs..300-380

10. Sweeper (Male) 1 Rs.300-180

11. Sweeper (Female) 1 Rs. 300-380

The expenditure on the above posts is

debitable to Major Head 280-A1 (2) a Pri-

mary Health Centre (Plan).

Further 10 Primary Health Sub Centers

are established in the following:-

1. Penlong, East Sikkim,

2. Rey Mindu, East Sikkim,

3. Bara Pathing, East Sikkim,

4. Rorathang, East Sikkim,

5. Possingdong, North Sikkim,

6. Ben, South Sikkim,


_____________________________________________________________________________________________

7. Raley, East Sikkim,

8. Lagship, West Sikkim,

9. Khani Serbung, West Sikkim,

10. Kongri, West Sikkim,

The following posts are created for the

aforementioned PHSC:—

Sl. No. Name of the No. of post Scale

post. created and pay 1, Compounder 10 Rs. 450-800

2- A.N.M. 10 Rs.410-700

3, Ward Attendent 10 Rs. 300-380

The expenditure on the above ment

ioned post is "280-1(2) 10-Primary Health

Sub-Centres (Plan).

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 254(GEN)/Est.



the following six Government Primary

Schools to Junior High Schools from the

accademic session of 1983-84 :—

EAST DISTRICT:

1. Makha Primary School,

2. Rongli Primary School,

3. Tarpin Primary School,

4. Lower Samdong Primary School,

WEST DISTRICT:

1. Pakkigoan Primary School,

S0UTH DISTRICT:

1. Ralong Primary School,

Consequently following posts are crea-

ted for the upgraded schools:—

Sl. Name of the No. of Scale.

No. post created: post

1. Headmaster 6 Rs. 550-1100

(Trained Graduate)

2. Trained Graduate 6 Rs. 550-1100

Teacher

3. Peon 6 Rs. 300-380


shall be debitable to MH-A2(2) (1) (1) Jr.

High Schools Salaries (Plan).

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 255/Gen/Est.



the following 20 Government Aided Pri-

mary Schools to Class V Government Pri-

mary School and to sanction of two posts of

Primary Teachers each for those upgraded

schools in the scale of Rs. 380-580 with

effect from the accademic session of 1983-

84:—

SOUTH DISTRICT:

1. Burul Aided Pry. School.

2. Tinik Chisopani Aided Pry. School.

3. Sinchuthang Aided Pry. School.

4. Namlung Aided Pry. School.

EAST DISTRICT:

1. Bojoghari Aided Pry. School,

2. Kambal Aided Pry. School,

3. Navey-Sotak Aided Pry. School,

4. Posting Aided Pry. School,

5. Rikyap Aided Pry. School,

6. Rongnek 3rd Mile Aided Pry. School,

7. Sajong Aided Pry. School,

8. Sumin (Forest) Aided Pry. School,

9. Tumin Aided Pry. School,

10. Marchak Chuten Aided Pry. School

WEST DISTRICT:

1. Saprey Nagi Aided Pry. School,

2. Hee-Patal Aided Pry. School,

3. Middle Gyalshing Aided Pry. School,

4. Jambadara Aided Pry. School,

5. Rupsang Aided Pry. School,

6. Zeel Aided Pry. School.


shall be debitable to Major, Head-AI(l)(2)

(l)-Primary Schools Salaries (Plan).

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 258/(G)/Est.


In pursuance of the instruction con-

tained in the Deptt. of personnel and

Administrative Reforms letter No. 25011/


_______________________________________________________________________________________________

50/77-AIS II dated 14th February, 1978

the State Government of Sikkim hereby

constitutes a Committee for the purpose

of review of services of members of IPS

on attaining the age of 50 years or on

completion of 30 years of qualifying ser-

vice. The Review Committee will consist of:

1. Chief Secretary to

the Govt, of Sikkim - Chairman.

2. Secretary, Home

Deptt. - Member

3. Inspector General

of Police - Member

By Order

T. CHHOPHEL,

Secretary,


NOTIFICATION

No. 259/(Gen)/Est.


In pursuance of the instructions con-0

tained in the Department of Personnel

and Administrative Reforms letter No.

25011/50/77-AIS II dated 14th February,

1978, the State Government of Sikkim

hereby contitutes a Committee for the

purpose of review of services of members

of IAS on attaining the age of 50 years

or on completion of 30 years of quail-

fying service. The Review Committee will

consist of :-

1. Chief Secretary to

the Govt, of Sikkim - Chairman

2. Secretary, Home

Department - Member

3. Secretary, Estab-

lishment Department - Member

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 1525/(G)/Est.


The term of Contract service in respect

of Dr. M.Bettiah, Poultry Manager, Ani-

mal Husbandry Department, is hereby ex-

tended for a further period of one year

w.e.f. 1.4.83 to 31.3 84 on the existing terms

and conditions as amended from time to

time.

By Order

D..K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1527/(G)/Est.


In Partial modification of this De-

partment Office Order No. 1429/G/Est. of

9.2.83. to the extend it is relevant to the

matter, Dr. Nomendra Kumar Chettri is

hereby deemed to have been appointed

on contract basis for a period of three

years w.e.f. 23.11.82(AN).

As usual, he will be on probation

for one year.

By Order

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1528/(G)/Est.


The term of Contract in respect of Shri

R.N. Dikshit, Executive Engineer, Rural

Development Department, is hereby exten-

ded for a further period of six months

w.e.f. 11.3.83 to 10.9.83 on the existing

terms and conditions as amended from

time to time. The contract shall stand

terminated on expiry of the extended term.

By Order

D.K. PRADHAH,

Under Secretary,


OFFICE ORDER

No. 1529/(G)/Est.

Dated Gangtok, the 4th March,1983

In continuation of this Department

letter No. 8775/G/Est dated 31.12.82 en-

dorsed to him under memo no. 8776/G/Est

dated 31.12.82. Shri J. Tewari Deputy

SIKKIM GOVT. GAZETTE, MARCH 1983 PART II

________________________________________________________________________________________________

Director (Archives), Culture Department

is allowed to avail 9 days joining time with

effect from 214.1983 to 29 4 1983. He shall

report to his parent Department in the fore-

noon of 30th April, 1983. He has been pos-

ted as Regional Archives Officer at Ranchi

vide Notification No. 26, dated 22.1.1983

issued by the Cabinet Secretariat and Coord-

nation Department (Bihar State Archives)

of the Government of Bihar.

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 1538/(G)/Est.


The term of re-employment in respect

of Shri Tashi Tshering, Deputy Secretary,

Home Department, is hereby extended for

a period of six months w.e.f. 1.3.83 to

31.8.83.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1540(Gen)/Est


Dr. Hemant Kumar Chettri is hereby

appointed as Veterinary Officer in the Ani-

mal Husbandry Department in the scale

of Rs. 660-25-910EB-30-1240EB-40-1400

w.e.f. 5.6.82.

He will draw a basic pay Rs 660/-p.m.

in the above scale With other allowance as

admissible under the rules.


one year.

His inter-se-seniority between his Col-

leagues i.e. Dr. C.P. Chettri and Dr. N.P.

Rai shall be determined on the basis of

their marks obtained in the Examination

for Degree of bachlor of Vet. & Animal

Science.

By Order

D.K. PRADHAN,

Under Secretary


OFFICE ORDER

No. 1545(G)/Est.


In exercise of the powers conferred

under proviso to Rule 16 of AIS (DCRB)

Rules, 1958, the State Government of

Sikkim is pleased to retain Shri P.O. Pazo,

IFS, Secretary, Forest Department in ser-

vice after he attains in the age of 58 years

on 31.3.83 on public grounds.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 1555(G)/Est.


The Governor is pleased to appoint

Shri Sonam Topden, Joint Manager, Govt.

Tea Gardens as Manager, Govt. Tea Gar-

dens in the scale of Rs. 1250-70-1950-Eb-

75-2100 w.e.f. 25.7.82. He will draw a

basic pay of Rsl600/-in the scale men-

tioned above with special Allowance of

Rs. 200/-p.m. and Dearness Allowance at

rate admissible under the rules.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1562 (G)/Est.


The temporary service of Shri Peter

Foning, Development Officer (F &F), Ani-

mal Husbandry Department, which is due

to expire on 29.3.83 (AN) is hereby exten-

ded for a further period of one year w.e.f.

30.3.83 to 29.3.84.

By Order

DK. PRADHAN,

Under Secretary,



__________________________________________________________________________________________

OFFICE ORDER

No. 1563(G)/Est.


In partial modification of this Depart-

ment Office Order No. 1315/G)Est of

18.1.83 to the extend it is relevant to the ma-

tter Shri Sherab Bhutia is hereby deemed to

have been appointed as Assistant Engneer,

Building W/S & Housing Department, in

the scale of Rs. 660-29-810EB-30-1240EB-

40-1400 w.e.f. 7.1.53.


one year.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1566(G)/Est.


The following transfers of the Doc-

tors in the Health & Family Welfare De-

partment, is hereby made with immediated

effect in the interest of Publice Service :— Name and present Transferred to:

posting

1. Dr. C. M. Jha. Medical Officer-in- Mangan

charge, Sombaria Hospital as M.O.

PHC in-charge, ICDS.

2. Dr. M.A, Medical Officer-in- Bangli under F.W.

Khalil, charge, ICDS, to be attached to

Magan, Rhenock PHSC.

3. Dr. Kamalendu-Medical Officer M.O. in-charge.

Das, Gyalshing. Sombaria, PHC.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1568(G)/Est


In supersession of this Department Officer

Order No. 410/G/Est. of 4.2.83, Dr.

Azizur Rehman is deemed to have been

appointed as GDMO, Gyalshing Hospital

Health & Family Welfare Department in

the Junior Contract scale of Rs. 900-40-

1180EB-45-1450EB-50-1800 on contract

basis for a period of there years w.e.f.

4.11.82.

He will draw a basic pay of Rs. 900/-p.m.

in the above scale with NPA of Rs. 330/- p.m. in

the scale of Rs. 300-12 1/2-600. In addition he

will be entitled t o other allownces as addmissible

under the rules.


him, his service on contract shallbe gover-

ned by the terms and conditions as laid

down in this Department Notification No.

250/Gen/Est of 4.2.81.

As usual, be will be on probation for

one year.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1570 (Gen)/Est.


In supersession of this Deptt.O.O. No.

1407/G/Est. of 4.2.83, Dr (Miss)Chandrika

Chettri is deemed to have been appointed

as L.M.O. District Hospital, Gyalshing,

Health & Family Welfare Department in the

Junior Contract scals of Rs. 900-40-1180EB

-45- 1450EB-50-1800 on contract basis for a

period of three years w.e.f. 3.12.82.

She will draw a basic pay of Rs. 900/-

p.m. in the above scale with N.P.A. of Rs.

330/-p.m. in the scale of Rs.330-121/2-600.

In addition, she will be entitled to other

allowances as admissible under the rules.


him, her service shall be governed by the

terms and coditions as laid down in this

Deptt. Notfn. No. 250/Gen/Est. of 4.2.81.


one year.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1573 (G)/Est.


The term of contract service in respect

of Dr. Surendra Kumar Das Medical

Officer-in-charge, Soreng PHC, Health &


_________________________________________________________________________________________________

Family Welfare Department, is hereby

extended for a period of two years w.e.f.

20.10.82 to 19.10.84 on the existing terms

and conditions of contract as amended

from time to time.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1574(G)/Est.


In partial modification of this Deptt.

O.O. No. 1411/G/Est. of 4.2.83 to the

extend it is relevant on the matter, Dr.

Tapan Kumar Das is deemed to have been

appointed as GDMO. Singtam Hospital


the Junior Contract scale of Rs. 900-40-

1180-Eb-45-1450-Eb-50-1800 on contract

basis for a period of three years w.e.f. 3.11.

82(AN).

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1576(GEN)/Est.


The following Sub-Inspectors of the

Police Department, are hereby Promoted

as Inspectors in the scale of Rs. 660-25-910

EB-30-1240EB-40-1400 w.e.f. 10.10.82 on

probation for one year:

1. Shri J.D. Subba,

2. Shri Passang Lama,

3. Shri Dorjee Dadul Bhutia,

4. Shri R.B. Phadhan,

5. Shri Dubo Bhutia,

6. Shri B.B. Rai,

7. Shri T.T. Bhutia.

Consequent on their promotion as

Inspectors, the following transfers and pos-

tings are made to take immediate effect:—

1. Shri J.D. Subba as Inspector Re-

serve Lines,

2. Shri Passang Lama as Inspector,

Sikkim Armed Police, (S.A.P.)

3. Shri Dorjee Dadul Bhutia as Ins-

pector, North District under the

Crime Branch.

4. Shri R.B. Pradhan as Inspector,

SAP.

5. Shri Dubo Bhutia as Inspector,

S.A.P.

6. Shri B.B. Rai as Inspector, Special

Branch.

7. Shri T.T. Bhutia as Inspector,

Namchi Police Station.

Shri K.B. Gurung, presnatly holding

the post of Inspector Namchi Police Station,

is transferred to S.A.P. and shall be atta-

ched to Police Haed Quarters for E.R.E.

duty.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1578/Gen/Est.


Shri Pradyuma Singh, presently Agri-

culture Expert in the Technical Cell of

the Land Use Implementation Committee,

is hereby granted proforma promotion as

Deputy Director and placed in the scale

of Rs. 900-40-1180-Eb-45-1450-Eb-50-l 800.

w.e.f. 11.8.82.

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1580/(GEN)/Est.



O.O. No. 1408/G/ Est. of 4.2.83 to the ex-

tend it is relevant on the matter, Dr (Miss)

Kanti Chettri is hereby deemed to have

been appointed as L.M.O. Namchi under


the scale of Rs. 900-40-1180EB-45-50-1800

on cnntract basis for a period of three years

w.e.f. 1.11.82 on a basic pay of Rs. 900/-


_______________________________________________________________________________________

p.m. plus other allowances admissible under

the rules.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1582 (GEN)/Est.



O.O. No. 1409/G/ Est. of 4.2.83 to the ex-

tend it relevant on the matter, Dr. Kamal-

endu Das is deemed to have been appointed

as Medical Officer-in charge, Mobile Dis-

pensary, Gyalzing in the Junior Contract

scale of Rs.900-40.1180EB-45-1450EB-50-

1800 on contract basis for a period of three

years w.e.f. 4.11.82.

By Order

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No.1591(G)/ESTT.


Shri M.N. Gadgil, Inspector General

of Police, having proceeded on Medical

leave, Shri Tashi Namgyal, Deputy Inspec-

tor General of Police, is hereby entrusted

to officiate as Inspector General of Police

with immediate effect.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1594(G)/Est.


Shri Roland Christopher Chettri is

hereby absorbed, for the present, as Deputy

Superintendent of Police in the Police Dep-

artment in the scale of Rs. 780-30-990EB-

35-1200EB-40-1600 and attached to the

Chief Fire Officer with effect from the date

he takes over charge of the post till his trai-

ning programme is arranged.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1595/(G)/Est.


In partical mod fication of Department

O.O. No. 1400/G/E t. of 3.2.83 to the ex-

tend it is relevant on the matter, Dr. Tshe-

ring Yethenpa is deemed to have been

appointed as GDMO, Singtam, Health &

Family Welfare Department on regular

basis in the scale of Rs. 660-25-910EB-30-

1240EB-40-1400 w.e.f. 12.10.82.

As usual, he wi 1 be on probation for one

year.

By Order

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1599(G)/Est.


In supersession of this Department

Office Order No. 1470/G/Est. of 23.2.83,

Dr. S.K. Singh is deemed to have been

appointed as Medical Offioer-in-charge,

Semek PHC under Health & Family Welfare

Department, in the Junior Contract scale

of Rs. 900-40-1180-EB-45-1450EB-50-1800

on contract basis for a period of three

years w.e.f. 4.11.82.(A)


p.m. in the above scale with other allow-

ances as admissible under the rules.


him, his service shall be governed by the


Department Notification No. 250/Gen/Est.

of 4.2.81.

As usual, he will be as probation for one

year.

By Order

D. K. PRADHAN,

Under Secretary,



_______________________________________________________________________________________________

OFFICE ORDER

No. 1600 (Gen) /Est.

Dated Gangtok, the 21st March, 1983.

Shri P.K. Basnett, Resident Commi-

ssioner, Sikkim House, New Delhi, is rever-

ted to the Forest Department with imme-

diate effect.

2. Consequently Shri Nari Tsherin, Depu-

ty Secretary, Land Revenue Department,

is transferred as Resident Commissioner,

Sikkim House, New Delhi, under Home

Department on deputation. He will carry

is own pay scale and in addition will draw

a Special Allowance of Rs. 200/-p.m. plus

other allowances as admissible to him as

Resident Commissioner, New Delhi.

By Order

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1606(Gen)/Est.

Dated Gangtok, the 22nd March, 1983.

Shri R.L. Kapoor, Budget Officer, Fin-

ance Department, whose term of deputation

will expire on the afternoon of 31.3.1983,

is hereby sanctioned 75 days Earned Leave

w.e.f. 1.4.1983 to 14.6.83, and 10 days joi-

ning time w.e.f. 15.6.83 to 24.6.83.

On expiry of the above leave Shri

R.L. Kapoor shall report for duty to his

parent department.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1607 (G)/Est.

Dated Gangtok, the 22nd March, 1983.

Shri R.N. Pariyar, Scheduled Caste

Welfare Officer, SC and ST Welfare De-

partment, is hereby promoted as Executive

Officer in the Department in an official-

ting capacity with immediate effect.

He will draw Rs. 900/-p.m. i.e. the

minimum of the scale prescribed for the

post of Executive Officer as the basic pay

with other allowances as admissible under

the rules.

By Order

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1608/Gen/Est

Dated Gangtok, the 22nd March, 1983

Shri J.K. Sibbu, Special Officer, Elec-

tion Department, Government of Sikkim,

whose term of deputation expired on 4.3.83

(AN), is hereby sanctioned 34 days Earned

Leave w.e.f. 5.3.1983 to 7.4.1983 and 10

days' joining time w.e.f. 84.83 to 17.5.83.

On expiry of the above leave

Shri J.K. Sibbu shall report for duty to his

parent Department.

By Order

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1610(GEN)/Est.


With the concurrence of the Com-

petent authority in Government of India,

as conveyed in Ministry of Law, Justrice

and Company Affairs letter No. A. 44011/

1/80-Adm. I(ID) dated 8.3.83, the term of

deputation in respect of Shri P Jethwani,

Joint Secretary, Law Department, is hereby

extended for a furhher perioc of one year

w.e.f. 9.5.83 to 8.5.84 on the existing terms

and conditions of deputation as amended

from time to time.

By Order

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1614/GEN/Est.


Whereas an order placing Dr. W, Babu

Rao, Veterinary Officer, Animal Husbandry.

____________________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS

GAZ. 3-300C-19-4-83


____________________________________________________________________________________________

Department, under suspension w.e.f. 24.3.81

was made by the Appointing Authority.

Now, therefore, the competent autho-

rity which made the order of suspension,

hereby revokes the said order of suspension

w.e.f. 24.3.81 duly withholding 3 increments

of Pay fallen due subsequent to the date of

suspension, i.e. 24.3.81.

The period of suspension w.e.f. 24.3.81

shall be treated as duty for all purposes and

Shri W, Babu Rao shall continue to draw

the basic pay of Rs. 660/- in the scale of

Rs. 660-25-910EB-30-1240EB-40-1400 from

that date.

By Order of the Appointing Authority.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1615/Gen/Est.


Dr. S.K. Panda, M.B.B.S. is appoin-

ted as Medical Officer in-charge, Intensive

Care Unit, S.T.N.M. Hospital, under health

& Family Welfare Department, on contract

for 3 years from the date of his joining.

He will draw a basic pay of Rs. 900,

p.m. in the junior Contract scale of Rs.

900-1800 with N.P.A. of Rs. 330/-p.m. in

the scale of Rs. 330-12 1/2-600 and other

allowances admissible under the rules.


him, his Contract service will be governed

by the terms and conditions laid down

in this Department Notification No. 250/

Gen/Est of 4.2.1981.

By Order

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1617/G/ESTT.


Shri L.C. Simick, Conservator of Fo-

rest Department, whose service was exten-

ded for one year beyond the date he attai-

ned 60 years, i.e. 31.3.82, is retired fro

service w.e.f. 30.3.83 (AN).

By Order

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1630(G)/Est.

Dated Gangtok, the 31st March, 1983.

Shri Tashi Chhophel Bhutia, B.E.(Ag)

is hereby appointed as Agriculture Engineer,

Agriculture Department in the scale of Rs.

660-25-910EB-30-1240EB-40-1400 with eff-

ect from 8.3.1983.

He will draw a dasic pay of Rs 660/-

p.m. in the above scale with other allowa-

nces as admissible under the rules.


one year.

By Order

D. K. PRADHAN,

Under Secretary,


FINANCE DEPARTMENT

OFFICE ORDER

No. 490/Fin.

Dated Gangtok, the 18th March,1983

Dr. T.B. Rai, Dental Surgeon, Gyal-

shing Hospital, Gyalshing, West Sikkim,

is hereby declared as Drawing and Dis-

bursing Officer for West District with effect

from 16.3.1983.

Consequently Dr. S.K. Mohanty, Me-

dical Officer, I/C, I.C.D.S., West District

shall cease to be the Drawing and Disbur-

sing Officer with effect from the above

date.

By Order

D. NIDUP,


Finance,


S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, April, 1983 No.4

___________________________________________________________________________________

CONTENTS Page

PART I— Nil

PART II—Notifications regarding appointments, postings

transfers, leave etc. 25-29

PART III—Nil

PART IV—Nil

PART V —Nil

PART VI—Nil

PART VII—Nil

PARTVIII—Nil

PART IX— (i) Nil

PART X— (ii) Nil

PART II SIKKIM GOVT. GAZETTE, APRIL, 1983

_______________________________________________________________________________________________

PART II



NOTIFICATION

No.16 /HCS/ESTT.


Hon'ble the Acting Chief Justice has

been pleased to appoint Shree Sukhdish

Mitter Malhan, Officiating Reader of Pun-

jab & Haryana High Court, Chandigarh,

as Reader of this Court, on deputation

for two years. He will be governed by the

terms and conditions as contained in the

Government of Sikkim Notification No.

78/(GEN) Estt. dated the 19th May, 76.

AMARJ1T CHOPRA,

REGISTRAR.

NOTIFICATION

No. 26/HCS/ESTT.

Dated Gangtok, the 23rd April, 1983.


been pleased to promote Shree Gautam

Ray,Secretary to the Hon'ble Chief Justice,

as Deputy Registrar, on the High Court

Establishment, against a vacant post, in

the pay scale of Rs. 900-40-1180-

Eb-45-1450-Eb-50-1800, with special pay of Rs. 150/-

per month, on purely temporary basis, with

effect from 30.4.83. (Afternoon)

AMARJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No. 27/HCS/ESTT.



been pleased to promote Shree O. N.

Sharma, Private Secretary to the Hon'ble

Chief Justice, as Secretary to the Hon'ble

Chief Justice of this Court, against as vacant

post, in the pay scale of Rs. 780-30-990-Eb-

35-1200-Eb-40-1600, with special pay of Rs.

150/-per month, on purely temporary basis,

with effect from 30.4.83. (Afternoon)

AMARJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No. 28/HCS/ESTT.


By virtue of the powers vested in the

High Court under Rule 11(II) of Sikkim

Judicial Service Rules, 1975 as amended by

Notification No. S(108)17/Gen/Estt., dated

Gangtok the 21st April, 1981of the Govern-

ment of Sikkim, Hon'ble the acting Chief

Justice has been pleased to place the ser-

vices of Shri Tashi wangdi, Civil Judge-

cum-Judicial Magistrate in the Sanior scale

of Rs. 900-40-1180-Eb-45-1450-Eb-50-1800

with effect from 2nd July, 1981.

AMARJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No.29/HCS/ESTT.


On the expiry of term of deputation,

Shri GK. Khanna, Reader of this Court

is hereby relieved w.e.f. 30-4-1983 (AN).

AMARJIT CHOPRA,

REGISTRAR.


OFFICE ORDER

No. 13/(Gen)/Est.

Dated Gangtok, the 5th April, 1983

Shri Narendra Theengh, B. Sc. (Agri-

culture & Animal Husbandry) is hereby

appointed as Research Assistant in the Agri-

culture Department in the scale of Rs. 660-

25-910-Eb-30-1240-Eb-40-1400 w.e.f.

13.10.82.

He will draw a basic pay of Rs.660/-

p.m. in the above scale with other allow-

ances as admissible under the rules.


one year.

By Order

D. K. PRADHAN,

Under Secretary.


26 SIKKIM GOVT. GAZETTE, APRIL, 1983 PART II

______________________________________________________________________________________________

OFFICE ORDER

No. 19/(G)/Est.


Shri Jagdishwar Singh Chettri is appoin-

ted as Chief Fire Officer under Police Depart-

ment on contract for an initial period of 2

years w.e.f. 21.3.1983 on a basic pay of Rs.

1270/-p.m. in the Junior Contract scale

of Rs. 900-40-1180-Eb-45-1450-Eb-50-1800.

In addition he will draw dearness allowance

at rates as admissible under the rules from

time to time.

As mutually agreed upon and accepted

by him, his service on contract shall be

governed by the terms and conditions laid

down in this Department. Notification No.

250 Gen/East. dt. 4.2.81 as amended from

time to time.

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 7/(G)/Est.


The following officials of the Agri-

cultural Department are transferred and

posted to the Directorate of Land Use and

Environment created vide Notification No.

51(7)Home/81 date 24th March, 1983. The

posts presently held by the officials and

the incumbents thereof are deemed to have

been transferred to the Directorate with

effect from 1st April, 1983.

SL. NAME DESIGNATION/

NO. POST. 1, Mr. Kiran kumar Pradhan, Soil conservation Officer

Namchi.

2. Mr. Mani Kumar Tamang, Soil Conservation Officer

Gyalshing.

3. Mr, Kaduk Bhutia, Agriculture, Inspector,

Gangtok,

4, Mr, Dananjay Gurung, Overseer, Gangtok,

5, Mr, C.P. Bantawa Overseer, Gangtok,

6, Mr. Gajadhar Giri, Agriculture Inspector,

Gangtok,

7. Mr, Sangay Dubo Kazi, Agriculture Inspector,

Gangtok.

8, Mr. Hari Krishna Gautam, Agriculture Inspector,

Gangtok.

9. Mr, Prakash Thakuri, Agriculture Inspector,

Gangtok.

10. Mr. Lal Bahadur Tamang, Driver, Gangtok,

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 32(G)/Est.


Consequent on repatriation of Shri

C.K. Gurung, Superintendent of Livestock

Farm Animal Husbandry Department to

his parent Department i.e. Department of

Animal Husbandry and Veterinary Ser-

vices, Government of West Bengal, Dr.

Chandra Prasad Upreti, Veterinary Officer,

is Transferred as Superintendent of Live-

stock Farm, Tadong, on his own and

scale with immediate effect

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 33(G)/Est.

Dated Gangtok the 12th April, 1983.

Pursuant to Governmet of West Ben-

gal, Department of Animal Husbandry

and Veterinary Services, Animal Husban-

dry Branch, letter No. 6509-A/6M-78/82

dated 23 12.82, Shri C.K. Gurung, emplo-

yed as Superintent of Lavestock Farm, Ani-

mal Husbandry Deptt. Government of

Sikkim, on deputation is relieved of his

assignment with immediate effect. He shall

avail of usual joining time and report to

the Director of Animal Husbandry Govern-

ment of West Seagal, on expiry of the

joining time.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 49(G)/Est.


Shri M.R.Sood, Deputy Director

Bureau of Economic & Statistics, Planning

PART II SIKKIM GOVT. GAZETTE, APRIL, 1983 27

_________________________________________________________________________________________________

& Development Department, is hereby re-

patriated to his parent Department w.e.f.

30.4 83 (AN) i.e. the date on which his

current extended term of deputation will

expire.

He shall report for duly to his parent

Department on 135.83 after availing of

the usual joining time w.e.f. 2.5.83 to

12.5.83 1st May 1983 being Sunday.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 51(G)/Est.


The resignation tendered by Dr. A .K.

Sinha, Principal, Sikkim Government Col-

lege, is hereby accepted w.e.f. 1.6.83 (FN).

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 55(G)/Est


The Governor is pleased to appoint

Shri P.K. Pradhan, IAS (1966), Secretary,

Rural Development Department in the

selection grade of Rs. 2000-125/2-2250

w.e.f. 1.4.83.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 64/(G)/Est.


Dr. A.K. Singh, District Veterinary

Officer, (East), Animal Husbandry is here

by placed in the scale of Rs.900-40-1180EB-45-

1450EB-50-1800 w.e.f. 1.7.82 and appion-

ted against one of the two existing vacant

posts of Deputy Director.


one year from the date of issue of this

Order.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 65/(G)/Est


The following transfers and postings

are hereby made in the public interes :-

1. Shri Haribhakta Sharma Assistant Edu-

cation Officer (East.) is promoted as

Assistant Director (East). He will relieve

Shri B.P. Sinha Assistant Director of

Education.

2. Shri B.P. Sinha on relief will take over

charge of the West Point High School

as Headmaster. He will carry his own

pay and scale.

3. On relief Mrs Sinora Pradhan, Head

mistress, West Point High School will

take over as Deputy Director S.I.E. to

relieve Miss Kipu Tsering Lepcha. She

is promoted to the grade of Deputy

Director of Education.

4. On relief Miss Kipu Lepcha, Deputy

Director of Education, S.I.E will take

over charge of the Enchey Higher

Secondary School as Principal and re-

lieve Shri G.K. Bakshi. She will carry

her own pay and scale.

5. Shri G.K. Bakshi, Principal Enchey

High Secondary School, on relief, will

report to the Secretary Education who

will allocate duties and responsibilities

in the Directorate of Education.

6. Shri Isaac Mukhia, Instructor, T.T.I

will take over charge of the Renock

High School to relieve Mrs Geeta Sha-

rma. He will carry his own pay and

scale.

7. On relief Mrs Geeta Sharma will take

over charge of the T.N.H.S. School to

relieve Shri M.C. Mathur. She is pro-

moted to the grade of Principal Higher

Secondary School.

8. On relief Shri M.C. Mathur, Principal

T.N.H.S. School, will report to the Sec-

retary, Education, who will allocate du-

ties and responsibilities of the Direc-

torate of Education. He will carry his

own pay and scale.

28 SIKKIM GOVT. GAZETTE, APRIL, 1983 PART II

_________________________________________________________________________________________

Handing and taking over should be com-

pleted by 25th April, 1983 and the respect-

tive charge report should be forwarded to

the undersigned under intimation the Sec-

retary, Education.

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 66/(G)/Est.


Consequent on the reversion of Dr.

P. P. Sharma, Managing Director, SMPU

Ltd., as Joint Director in the Animal Hus-

bandry Department w.e.f. 13.3.83, Dr. N.D.

Lama who was promoted as Joint Director in

officiating capacity vice Dr. P. P. Sharma in

the vacancy resulted with the deputation of

Dr. Sharma to the S.M.P.U. Ltd. is allowed

to continue to hold the post of Joint Direc-

tor in an officiating capacity vice Dr. M. M.

Golay presently on deputation as Managing

Director, S.L.D.C.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 71(G)/Est.


Dr. (Mrs) Rita Gupta, M.B.B.S.,

D-.G.O., is hereby appointed as Lady Medi-

cal Officer, Mangan Hospital, Health &

Family Welfare Department, in the scale of

Rs. 900-40-1180EB-45-1450EB-50-1800 on

contract basis for three years with effect

from the date she reports for duty.

She will draw a basie pay of Rs. 900/-

p.m. and qualification Allowance of Rs-

80/-p m. plus other allowance as admisaible

under the rules.


her, her service shall be governed by the terms

and conditions as laid down in this Depart-

ment Notification No. 250/Gen/Est. of

4.2.81 as amended from time to time.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 72 (Gen)/Est.


On his selection for WHO. Fellow-

ship for 1982-NUT 005 Nutritional Pro-

gramme (Goitre Control) Dr. T.R. Gyatsho,

Joint Director, Health & Family Welfare

Department, is hereby relieved of his duties

with effect from 26.4.83.

During his absence on training Deputy

Director Dr. (Miss) Belarani Cintury shall

look after the duties of Joint Director

(Adm.) in addition to her own.

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 79/Gen/Est.


The following transfers and postings

are hereby made in the interest of public

service.

1. Shri N.D. Chingapa, I.AS., Deputy

Secretary, Finance Department, is trans-

ferred and posted as District Collector

(West).

2. Shri Tashi Tobden, District Collec-

tor (East), is transferred as Joint Secretary

Finance Department.

3. Shri T.T. Dorjee, District Collector

(West) is transferred as District Collector

(East) vice Shri T.T. Tobden.

Shri N.D. Chingapa shall take over

charge of District Collector (West) latest

by the 30th April, 1983 to relieve Shri T.T.

Dorjee.

By order and in the name of the

Governor.

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 81/(G)/Est.


In modification of the O.O. No. 66/-

G/Est. dated 16th April, 1983, the following

orders are hereby made in the public inter-

est:—

__________________________________________________________________________________________________________


GAZ. 3-300C-19-4-83.

PART II SIKKIM GOVT. GAZETTE, APRIL, 1983

_________________________________________________________________________________________________

(1) Miss K.T. Lepcha will continue

as Deputy Director, S.I.E. Her

transfer to Enchey Higher Secon-

dary School stands cancelled.

(2) Mrs Sinora Pradhan, after han-

ding over charge of the West Point

High School to Shri B.P. Sinha, is

posted as Deputy Director in the

Directorate of Education. The

Secretary, Education will assign

duties and responsibilities to her,

Her posting to S.I.E. stands cancelled.

(3) Shri Dinesh Sharma, Assistant

Director of Education, is promo-

ted as Principal and posted to En-

chey Higher Secondary School vice

Shri G.K. Bakshi who has already

been ordered to report to Secre-

tary, Education.

All other transfers and Postings stand

unchanged Shri Haribhakta Sharma, Mrs.

Sinora Pradhan, Mrs Geeta Sharma and Shri

Dinesh Sharma, who have been promoted,

will be on probation for a period of two years

from the dates of their taking over charge

of the new assignments.


Grovenor.

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 86 (G)/Est.


Shri S.N. Bhatt, Suprintendent of Po-

lice(S.B.), Police Department, on deputation

is repatriated to hiS parent Department

w.e.f.30.4.1983 (AN).

He shall hand over chargeof Superin-

tendent of Police (S.B.) to Shri Jasbir Singh,

IPS, who shall take full charge of the Spe-

cial Branch.

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 99 (GEN)/Est.


The resignation tendered by Shri P.C.

Pradhan, Assistant Architect, Building,

Water Supply & Housing Department, is

hereby accepted with effect from the date

he ceased to attend duty.

By Order

LB. RAI,

Joint Secretary,


S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, May, 1983 No. 5

__________________________________________________________________________________

CONTENTS Page

PART I —Nil

PART II —Notifications regarding appointments, postings 31-36

transfers, leave etc.

PART III —Rules, Orders, Press Notes etc 37

PART IV —Nil

PART V —Nil

PART VI —Nil

PARTVII —Nil

PART VIII—Nil

PART IX — (i) Nil .

PART X — (ii) Nil

PART II SIKIIM GOVT. GAZETTE, MAY, 1983 31

_________________________________________________________________________________________________

PART II

Notification regarding appointments, postings, transfers leave etc.


NOTIFICATION

No. 35/HCS/ESTT.

Dated Gangtok, the 19th May, 1983


been pleased to create one temporary post

of Frash, on the High Court Establishment,

in the pay scale of Rs.300-4-340-5-380, with

immediate effect, till 29.2.84.

G. RAY,

Deputy Registrar

HOME DEPARTMENT

NOTIFICATION

No.38 (28)/Home/83.


Whereas the State Government being

of opinion that it is necessary and expedient

so to do, it hereby appoints, with the

concurrence of the Hon'ble High Court of

Sikkim, Shri G.P. Roy, District, and Ses-

sions Judge of Sikkim, to enquire into the

cirumstances leading to the death of Shri

K.B. Gurung within the jurisdiction of

Rhenock Police Station.

Shri G.P. Roy, District and Sessions

Judge, shall, while holding the enquiry,

have the powers of a Civil Court while

trying a suit under the Code of Civil

Procedure, 1908 in respect of matters speci-

fied in sections 4 and 5 of the Commissions

of Inquiry Act, 1952 and submit his report

to the Government by the 1st day of July,

1983.

J.T. Densapa,

Home Secretary.


NOTIFICATION

No. 238/(Gen)/Est.



the creation of following posts in the Prin-

ting Department with immediate effect:-

Sl No. Name of post No. of post Scale

created.

1. Machine Operator 1 Rs.380-580

2. Assistant Operator 1 Rs. 300-380


shall be debitable to Budget Head-'258'

"Stationery & Printing-A1 (1) (l)-Salaries

(Plan)"

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 104/(G)/Est.

Dated Gangtok, the 2nd May, 1983.

The following officers of the Forest

Department and Agriculture Department

are transferred and posted with immediate

effect to the Directorate of Land Use &

Environment created vide Notification No.

51 (7) Home/81 dated 24.3.1983:— SL. NO. NAME, DESIGNATION TRANSFERRED

AND DEPABTMENT. AND POSTED AS

1. Shri N.C. Shenga,IFS, Director of Land Use

Additional Chief & Environment.

Conservator of Forest,

2. Shri L,C Simick, Joint Director, Land

Conservator of Forest, Use and Environment

3, Shri H.P. Pradhan, ' Joint Director, land

Joint Director, Use and Environment;

Agriculture Department,

They will carry their own pay and scale

on transfer.

The transfer of Shri L.C. Simick is

subject to his extension/re-employment in

service.

By Order

L. B. RAI,

Joint Secretary,


NOTIFICATION

No. 105/(G)/Est.

Dated Gangtok, the 2nd May, 1983.

Consequent on the transfer of Shri

N.C. Shenga, IFS, Additional Chief Con-

servator of Forest as Director of Land Use

and Environment vide Notification No. 104/

G/Est. dated 2.5.83, Shri P.K. Basnett,

IFS, is temporarily appointed as Additional

Chief Conservator of Forest from the date

he takes over charge of the.post till further

orders.

By Order

L.B.RAI,

Joint Secretary,


32 SIKKIM GOVT. GAZETTE, MAY, 1983. PART II

_________________________________________________________________________________________

OFFICE ORDER

No. 108/(G)/Est.

Dated Gangtok, the 3rd May, 1983.

Consequent on the retirement of Shri

M. N. Gadgil, I.P.S., w.e.f. 1.5.83 (F.N.),

Shri T. Namgyal, I.P.S., D.I. G. P., is

entrusted to officiate as I.G.P. from the

above date until further orders.

Shri Namgyal shall take over charge

of the.post of LG.P. from Shri Gadgil

if not already done so.

By Order

L.B.RAI,

Joint Secretary,


OFFICE ORDER

No. 114/(G)/Est.


With the concurrence of the Election

Commission of India as Conveyed in their

letter No. A-20/G-B/9 of 31.3 83, the term

of deputation in respect of Shri Hans

Raj Gupta;Deputy Chief Electoral Officer,

Election Deptt, is hereby extended for a

further period of two years w.e.f. 7.6.83

to 6.6.85 on the existing terms and con-

ditions of deputation as amended from time

to time.

By Order

D. K. PRADHAN,

Under Secretary,

Establishment Department,

OFFICE ORDER

No. 128/(G)/Est.


Shri Tempo Gyatso who was promo-

ted as Officiating Additional Superinten-

dent of Police (Rural East District), Police

Department, vide this Department order

No. 586/G/Est. of 24.8.82, is hereby

promoted as Additional Superintendent of

Police in a full fledged capacity w.e.f. 6.10.82.

By Order

L.B.RAI,

Joint Secretary,


NOTIFICATION

No. 23/(G)/Est

Dated Gangtok,the 9th May, 1983


creation of one posts of Primary Teacher

for each of the following Government Aided

Primary Schools w.e.f. 21.2.83

(A) NORTH DIST.(MANGAN):

1. Tsoteng (Chungthang)School,

2. Bop,

(B) WEST DIST. (GYALZING)

3. Toyong,

4. Hoorgoan.

5. Birdang Kamling

6. Taraybhir,

7. Bhaluthang (Upper),

8. Chumpong Khuti Dara,

9. Arithang

10. Bermiok Daragoan

11. Barbotay,

12. Singphong

13. Biyong,

14. Saleygoan,

15. Singnning,

16. Tinziring

17. Pewchang

18. Simchep

19. Chokka,

20. Parengoan,

21. Salandeny,

22. Yangtey,

23. Bajek,

24. Sadhurgoan,

25. Bulung Baladara,

(C) EAST DISTRICT (GANGTOK):

26. Chuba School,

27. Khanigoan School,

28. Zitlang,

29. Arithang (Lower),

30. Tintek-Marchak,

31. Upper Khamdong,

32. Sumthur

33. Raksay Kadangthang,

34. Tympyong Manedara,

35. Chizey,

36. Chandeney,

37. Nehru Primary School,

38. Lakdara School.

PART II SIKKIM GOVT. GAZETTE, MAY, 1983 33

___________________________________________________________________________________

39. Sivithang School,

40. Sisney School,

(D) SOUTH DIST. (NAMCHI):

41. Kopbhey,

42. Dung Ambotay,

43. Kaijaley,

44. Passi,

45. Lingeo-Karchi,

46. Makarzang,

47. Nalam Kalbong,

48. Mangley,

49. Nangdong, 50. Tinjer,


shall be debitable to Head A (1) (2)(1) Pry.

School Salaries (Plan).

D. K. PRADHAN,

Under Secretary,


NOTIFICATION

No.25/(G)/Est



creation of one post of Primary Teacher in

the scale of Rs. 380-550 for each of the

following Government Lower Primary

Schools w.e.f. 21.2.1983.

(A)NORTH DISTRICT:

1. Tareng,

2. Teng,

(B)EAST DISTRICT (GANGTOK):

1. Nazitam,

2. Reshi,

3. Thungsang,

4. Kaiyong,

5. Chusibotay,

6. Perbing,

7. Zinglu,

8. Zuluk,

(C)SOUTH DISTRICT (NAMCHI):

11.Daragoan (Nandugaon), 12. Purano

Namchi,

13. Bhanjang (Maniram0,

(D) WEST DISTRICT (GYALZING):

14. Nangsabong

15. Arubotay,

16. Ambotay,

17. Labing,

18. Dhupidara,

19. Tathang,


shall be debitable to Head A1 (1) (2) (1)

Pry. School-Salaries (PLAN).

D.K. PRADHAN,

Under Secretary,


NOTIFICATION

No. 26/(GEN)/Est.



creation of 2 posts of Graduate Teachers in

the scale of Rs. 550-1100 for each of the

following four High Schools w.e.f. 21.2.83:-

SOUTH DISTRICT (NAMCHI) :

1. Lingi High School,

2. Namthang High School,

WEST DISTRICT (GYALZING):

3. Tharpu High School

4. Yoksum High School,

The expenditure on the above post

shall be debitable to Head-A2(2) (2) (1)-

High Secondary and High School-Salaries

(Plan).

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 146/Gen/Est.


Whereas the Governor is of the opi-

nion that it is in the public interest to do so:

Now, therefore, in exercise of the

powers conferred by Rule 99(1) contained

in Chapter XII of the Sikkim Government

Service Rules, 1974, the Governor hereby

gives notice to Dr. P. S. Giri, Joint Direc-

tor, Health & Family Welfare Department,

Government of Sikkim, that he, having

already attained the age of fifty years on

1.1.1977, shall retire from service with

immediate effect. He shall be entitiled to

34 SIKKIM GOVT. GAZETTE, MAY, 1983 PART II

_____________________________________________________________________________________

salary for three months in lieu of three

months' notice.

By Order

T. CHHOPHEL,

Secretary,

Establishment Department-

OFFICE ORDER

No. I47/(GEN)/Est.


Whereas the Governor is of the opinion

that it is in the public interest to do so:


powers conferred by Rule, 99(1) contained



gives notice to Shri L.N. Pradhan, Accounts

Officer, Pay & Accounts Office, Govern-

ment of Sikkim, that he, having already

attained the age of fifty years on 16.11.1976,

shall retire from service with immediate

effect. He shall be entitled to salary for

three months in lieu of three months' notice.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 148/(G)/Est.


Whereas the Governor is of the opi-

nion that it is in the public interest to do so:


powers conferred by Rule 99 (1) contained



gives notice to Dr. L. Dadul, Joint

Director Health & Family Welfare Depart-

ment, Government of Sikkim, that he, ha-

ving already attained the age of fifty years

on 26.3. 1982, shall retire from service with

immediate effect. He shall be entitled to

salary for three months in lieu of three

months' notice.

By Order,

T.CHHOPHEL,

Secretary,


OFFICE ORDER

No. 153/GEN/Est.


With the concurrence of the C.B.I,

Department of Personnel & A.R., Ministry

of Home Affairs, New Delhi conveyed vide

their letter No. A/19036/26/79/ Ad.V of

13.4.1983, the term of deputation in respect of

Shri M.M. Rai, Deputy Superintendent

of Police, Vigilance Deptt., ishereby exten-

ded for a further period of one year w.e.f.

1.6.83 to 31.5.84 on the existing terms and

conditions of deputation amended from time

to time.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 156/(G)/Est.


In the interest of public service, the

Governor is pleased to order that Shri

G.P. Pradhan, I.A.S., shall take over charge

of the S.N.T. Department in addition to

his present charge of the Mines & Geology

Department with immediate effect.


Governor.

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 163/(G)/Est.


The Governor is pleased to promote

Shri Goley Tshering, Superintendent of

Police, Special Branch, officiating Add-

tional Superintendent of Police, Police De-

partment as ASP. substantively w.e.f.

6.10.82.

By Order,

L.B.RAI,

Joint Secretary,


PART II SIKKIM GOVT. GAZETTE, MAY, 1983 35

_______________________________________________________________________________________

OFFICE ORDER

No. 170'(GEN)/Est.


Having been certified medically fit for

continued service the services of Shri L.C.

Simick, Conservator of Forest, Forest

Department, is hereby extended for a

for the period of one year w.e.f. 31.3.83 to-

30.3.84.

This is in supersession of office Order

No. 1617/G/Est. of 26.3.1983.

By Order

D.K. PRADHAN,

Under Secretary,

Establishment Department:

NOTIFICATION

No.40/Gen/Est.



creation of the following post for the Po-

lice Border Check-post at Cheyavanzang

under Police Department with immediate

effect:-

Sl. No. Name of the No. of Scale post created post

1. Sub-Inspector 1 Rs. 450-880

2. Head Constable 3 Rs. 380-550

3. Naik Operator 2 Rs. 350-500

4. Lance Naik 3 Rs. 350-500

5. Constable 30 Rs. 340.500

6. Cook 1 Rs. 300-380

7. Sweeper 1 Rs. 300-380

8. Water Carrier 1 Rs. 300-380

Expenditure on the above posts shall

be debitable to budget Head-858 auspense Accoun ts.

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 41/(Gen)/Est.



creation of a post a Peon in the scale of Rs.

300-380 in Motor Vechicle Department with

immediate effect.

Expenditure on the above post shall

be debitable to Head-252-B-Secretarial Bl.

(1) Salaries.

L.T. TONYOT,

Joint Secretary,

Eistablishment Department

NOTIFICATION

No.45/Gen/Est

Dated Gangtok, the, 23rd May, 1983

To examine and recommend the inter-

se-seniority of all Civil Engineer employed

in the various departments of the Govern-

ment of Sikkim, the Governor is pleased

to constitute a Committee consisting of the

following:

(1) Chief Secretary - Chairman

(2) Secretary; Establishment - Member,

(3) Development Commissioner - Member,

(4) Chief Engineer (Roads) - Member

5) Chief Engineer (Building) - Member,

(6) Secretary ,SPSC., -Member

The first meeting of the Committee

will be held in the Chamber of the Chief

Secretary at11.30 A.M. on 27.5.1983.

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 210/(G)/Est


The following Inspectors of the Police

Department are hereby promoted as Deputy

Superintendent of Police in the scale of Rs.

780 -30-990-Eb-35-1200-Eb-40-1600 with

effect from their respective dates of joining

and posted against the posts shown oppo-

site:

1. Shri Lako Tshering as Deputy Superin-

tendent of Police (Staff Officer)

P.H.Q.

2. Shri Kaziman Pradhan as Deputy

Superintendent of Police (Reserve

Lines).

36 SIKKIM GOVT. GAZETTE, MAY, 1983 PART II

__________________________________________________________________________________

3. Shri I.K. Basnett as Deputy Superin- 2. Secretary, Food and Civil

tendent of Police, SAP. Supplies Department - Member

As usual, they shall be on probation 3. Director, Agriculture

for one years. Department - "

By Order 4. Joint Registrar, Coopera-

L B. RAI, tive Department - "

5. Managing Director, State

Joint Secretary, Bank of Sikkim - "

Establishment Department. 6. Secretary-Rhenock

MPCS. LTD. - "

CO-OPERATIVE DEPARTMENT 7. President - Tsungthang

MP.CS. LTD. - "

NOTIFICATION No. 3 8. President -Namchi

Dated Gangtok, the 31st May, 1983. MPCS. LTD. - "

9. Managing Director of

In pursuance of bye law No. 26 of the said Federation - "

Byelaws of the Sikkim Stale Co-operative 10. Shri L.P.Subba-Utteray - "

Supply and Marketing Federation Limited, P.O. Utteray West Sikkim.

the State Government hereby nominates By Order,

the following persons to be the members of R.B..MUKHIA,

the said Federation with immediate effect, Registrar,

namely :— Cooperative Societies,

1. Development Commi- Sikkim Gangtok.

ssioner, Planning and

Development Department - Chairman

PART III SIKKIM GOVT. GAZETTE, MAY, 1983 37

___________________________________________________________________________________

PART III


OFFICE OF THE SECRETARY, FINANCE


NOTIFICATION NO. 2 /Fin.

Dated Gangtok, the 23rd May, 1983.

Consequent on the creation a full fledged department of Land Use &

Environment, the Governor is pleased to declare the Director in the Department as head

of the Department and is allowed to exercise administrative and financial powers as dele-

gated to the Head of Department.

Further Demand No. 15/(Soil & Water Conservation) will be operated as follows:—

1. Under Major head 307 A2 (1)- Survey & Investigation Scheme' there is a provi-

sion of Rs. 13 lakhs during the current financial year. Out of this Rs. 10 lakhs

shall be operated by the Department of Agriculture and the balance of Rs. 3

lakhs shall be operated by the Department of Land Use & Environment.

2. Under Major head '307 A3(1), there is a provision of Rs. 90 lakhs, the Department

of Land Use & Environment shall operate to the extent of Rs. 77.83 lakhs and

the balance of Rs. 12.17 lakhs shall be operated by the Department of Agriculture

for the spillover works of 1982-83 under terracing etc.

3. Under Major head "307 A3 (2)- other Soil Conservation Measures" there is a

provision of Rs. 12 lakhs. The Department of Land Use and Environment shall

operate this to the extent of Rs. 5 lakhs and the balance amount of Rs. 7 lakhs

shall be transferred to the G M.C. by the Local Self Government & Housing De-

partment for Jhora Training works and the protective works within the G.M.C. area.

K. C. PRADHAN,

Secretary,

Finance Department,


__________________________________________________________________________________________


GAZ. 5-300C-22-6-83

S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, June, 1983 No. 6

_________________________________________________________________________________________

CONTENTS Pages

PART I —Nil

PART II —Notifications regarding appointments, postings,


PART III -Nil

PART IV -Nil

PART V —Nil

PARTVI —Nil

PARTVII -Nil

PART VIII—Nil

PART IX — (i) Nil

PART X — (ii) Nil

38 SIKKIM GOVT. GAZETTE, JUNE 1983 PART II

________________________________________________________________________________________

PART II



NOTIFICATION

No. 179/HCS/ESTT.

Dated Gangtok, the 27th June, 1983.


been pleased to create 2 (two) temporary

post of peons on the High Court Establish-

ment, in the pay scale of Rs.300-4-340-5-

380, with immediate effect, till 29th

February, 1984.

AMARJ1T CHOPRA,

REGISTRAR.

OFFICE ORDER

No. 180/HCS/ESTT.



been pleased to create 1 (one) temporary

post of Leave Reserve Driver, on the High

Court Establishment in the pay scale of Rs.

350-6-410-7-550, with immediate effect, till

29th February, 1984.

AMARJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No. 6(10)83-84/RULES/HCS/41


In exercise of the powers conferred by

Section 8 of the High Court of Judicature

( Jurisdiction and Power) Proclamation of 1955,

and Section 539 of the Code of Cri-

minal Procedure, 1898, and all other powers

enabling itself in this behalf, the High

Court makes the following rule:—

All affidavits and affirmations to be

used in any proceeding in the High Court

may be sworn or affirmed before the Regis

trar, the Deputy Registrar or such other

officer as the Chief Justice may appoint for

the purpose.

This Rule shall come into force at

once.

By Order,

AMARJIT CHOPRA,

REGISTRAR.

HOME DEPARTMENT

OFFICE ORDER

No.6 (7)/Home/83/464.

Dated Gangtok, the 16th June, 1983

In pursuance of clause Notification

No. 6(7; Home/83 dated 15th June,1983

the Government of Sikkim is pleased to

appoint Shri Anup Deb, as the Additonal

Advocate General, Sikkim with immediate

effect.

The terms and conditions ofShri Anup

Deb shall be governed by the above Notifi-

cation No. 6(7) Home/83 dated 15th June,

1983.

J.T. DENSAPA,

Home Secretary


NOTIFICATION

No. 52/(Gen)/Est.

Dated Gangtok, the 2nd June, 1983

The Governor is pleased to introduce

Commerce stream in Chujachen Higher

Secondary School and to create a post of

Post Graduate Teacher in Commerce in

the scale of Rs. 660-25-910-Eb-30-1240-Eb-

40-1409 with immediate effect on from the

date on which the incumbent joins in the

post whichever is earlier.

Expenditure on the post shall be debi-

table to Major Head 277-A-Edn.A2-Secon-

dary Edn-A2(2)-Government Higher Secon-

dary & High Schools.

L.T. TONYOT

Joint Secretary,


NOTIFICATION

No. 53/(G)/Est.


The Governor is pleased to up upgrade

the following 5 Government Primary

School to Junior High School w.e.f. 1.4.83.

1. Rakdong Primary School, East Sikkim

2. Raley Dhosey Primary School East

Sikkim.

PART II SIKKIM GOVT. GAZETTE, JUNE 1983 39

____________________________________________________________________________________

3. Namphok Primary School, South

Sikkim

4. Perbing Primary School South Sikkim

5. Seribadam Primary School, West

Sikkim

Consequently, the following posts are

created for the above School w.e.f. 1.4.83

or from the date of thier joining of incum

bents:— SL. NAME OF THE POST NO.OF SCALE.

NO, CREATED POST

1. Headmaster 5 (1 in each School) Rs.550-1 100

2. Trained Graduate

Teacher 5 (1 in each School) Rs.. 550-1100

4. Peon 5(1 in each School) Rs. 300-380


be debitable to Head A2 (2) (1) (1) Salaries

(Plan) Govt. Jr. High School

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 54/(G)/Est.

Dated Gangtok, the 2nd June, 1983.


Chidam High School to Higher Secondary

School w.e.f. 1.4.83.

Consequently, the following posts are

created w.e.f. above date :—

SL. NAME OF THE NO. OF SCALE NO. POST

CREATED POST

1. Principal I Rs. 900-1800

2. Post Graduate

Teacher 6 Rs. 660-1400

3. UDC 1 Rs. 410- 700

4. Cook 1 Rs. 320- 450

5. Peon 1 Rs. 300- 380

6. Sweeper 1 Rs. 300- 380


be debitable to Head A2 (2) (1) Salaries

(Plan).

L.T.TONYOT,

Joint Secretary,


NOTIFICATION

No. 55/G/Est



creation of 25 posts of School Mother for

the Pre-Primary Centre under Education

Department w.e.f. 1.4.83. They will carry

the following pay and scales—

Qualification Pay & Scale

of Candidate

1. Class VIII Board Consolidated pay

Exam, passed of Rs. 450/- p.m.

till they manage

to pass S.F. or

equivalent exam.

2. Matriculation &

equivalent passed. 380-550


be debitable to Head Al(l)(l)(l) Salaries

(Plan) Pre-Pry. Schools.

L.T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 56(G)/Est.


The Governor is pleased to sanctton

creation of one post of primary Teacher for

each of the following Lower primary Schools

which are being run by Private managements

w.e.f. 1.5.83 or from the date of incumbents,

joining the post, whichever is earlier :—

EAST DISTRICT:

1. Lower Hiring Pvt. Pry. School

2. Sangkhola Pvt. Pry. School

3. Rumtek Kai-yathang Pvt. Pry. School

4. Lingdong Pvt. Pry. School

5. Sotak Pvt. Pry. School

6. Namong-Arithang School

7. Katarbotey School.

SOUTH DISTRICT:

8. Upper Yangang Pvt. Pry. School

9. Badamtam Pvt. Pry. School

10. Kaw Pvt. Pry. School

11. Borong Suntalay Pvt. Pry. School

12. Timbrang (Salghari) Pvt. Pry. School

13. Lower, Perbing Pvt. Pry. School

14. Kharbotary Pvt. Pry. School

15. Rabikhola Pvt. Pry. School

16. Darakharka Pvt. Pry. School

17. Lingzya (Kewzing) Pvt. Pry. School

WEST DISTRICT:

18. Lungjik Pvt. Pry. School

19. Puretar Pvt. Pry. School.

20. Nijgoan Pvt. Pry. School.

40 SIKKIM GOVT. GAZETTE, JUNE, 1983. PART II

_________________________________________________________________________________

21. Dentamgoan Pvt. Pry. School

22. Budang Mangsari Pvt. Pry. School

23. Changey Pvt. Pry. School

24. Karmatar Pvt. Pry. School

25. Kabirthan Pvt. Pry. School

26. Boom Reshi Pvt. Pry. School.

27. Lower Tadong Pvt. Pry. School

NORTH DISTRICT:

28. Ralace Pvt. Pry. School

29. Longbu Pvt. Pry. School

30. Choten Pre Pry. School

31. Bey Pvt. School

32. Mukuthang Pvt. School


be debitable to Head A1 (I) (2) (I) Salaries

(Plan) Primary School.

L. T. TONYOT,

Joint Secretary


NOTIFICATION

No. 57(G)/Est.



the existing post of Research Assistant in

the Fisheris Wing of Forest Department to

Gazetted grade Class II in the scale of

Rs. 660-25-910EB-30-1240-EB-401400, with

immediate effect.

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 298 (G)/Est.

Dated Gangtok, the 3rd June, 1983.

Shri Chandan Sharma is hereby ap-

pointed as Physical Instructor, Sikkim

Govt. College under the Education Depart-

ment in the scale of Rs. 660-25-910-Eb-30-

1240-Eb-40-1400 w.e.f. the date of his joi-

ning.




As usal, he will be on probation for

one year.

By Order,

D.K.PRADHAN,

Under Secretary,


OFFICE ORDER

No. 299/(Gcn)/Est.


Dr. Uadep Prasad Thapa, M. Sc.(Bee),

Ph. D.. is hereby appointed as Lecturer in

Zoology in Government College under the

Education Department in the scale of

Rs. 700-40-1100-50-1300-Asscsment 50-1600

an ad-hoc basic with effect from the date

of his joining till his reguler appointment

after selection by the selection Board is

made.

He will draw the minimum of the

above scale with other allowances admissi-

ble under the rules during his ad-hoc ap-

pointed.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 303/(Gen)/Est.


Pursuant to this Department Notifi-

cation No. 44/Gen/Est. of 21.5.83, Shri,

Twan Yang, Assistant Director Information

& Public Relations, is re-designated as

Chief Cameraman with immediate effect.

By Order

D.K.PRADHAN,

Under Secretary,


OFFICE ORDER

No. 307 (G)/Est.


Shri Ganzey Tshering Bhutia B.E.

(Civil), is hereby appointed as Assistant

Engineer in the Building W/S & Housing

Department in the scale of Rs. 660-25-910-

Eb-30-1240-Eb-40-1400 w.e.f 20.1 83.


p.m. with other allowances as admissible

under the rules.

As usual he will be on probation for

one year.

Furthur one half of the service

rendered by him on workcharged Establish-

ment viz. 3 months 7 days is counted

PART II SIKKIM GOVT. GAZETTE, JUNE, 1983 41

________________________________________________________________________________________

towards his qualifylng service for pension/

gratuity under Rule 3 (viii) of Sikkim

Government Retirement Benefit Rule. 1974.

By Order

D.K. PRADHAN,

Under Secretary,


NOTIFICATION

No. 63/(G)/Est.

Dated Gangtok, the 10th June, 1983,

In this Department Notification No.

45/Gen/ Est. of 23rd May 1983 Serial Nos.

4,5, and 6 shall be deleted.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 328/(G)/Est.

Dated Gangtok, the 14th June, 1983,


the following Officers of the Education

Department in the same Department

against posts shown opposite with imme-

diate effect: 1. Shri M.C, Mathur, as Joint Director (Administra-

Deputy Director, tive aad Establishment).

2. Shir D.C. Agnihotri, as Joint Director (Planning &

Deputy Director, Monitoring),

3. Shri DawaTshering, as Joint Director (Inspection

Deputy Director, & Supervision for North

District with headquaters

at Gangtok This post

has been adjusted against

the post of Joint Director

(SIE)ereated vide Notifi-

cation No. 215/Est. dated

10th January, 1983. 4. Shri S N.Lal Gupta, as Joint Director, (Inspection

Deputy Director, & Supervision) East Dis-

trict with headquarters at

Gangtok.

All the officers promoted above shall

be on probation for one year.

Their inter-se-seniority shall continue

to be in the same order as they existed

prior to their promotion.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 331/GEN/Est.

Dated Gangtok, the 14th June 1983

Shri Norbu Tshering Bhutia, B.Sc.(Ag

& AH), is hereby appointed as Plant pro-

tection Officer at Mangan in the Agriculture


EB-30-1240-EB-40-1400 w.e.f. 14.10.82, i.e.

the date of his joining.

He will draw a basis pay of Rs. 660/-

p.m. in the above scale with other allo-

wance as admissible under the rules.


one year.

His inter-se-seniority amongs his coll-

eagues shall be determined on the basis of

merit obtained in the B. Sc. (Agr, & AH)

Examination.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 343/(G)/Est

Dated Gangtok, the 15th June; 1983.

Shri K.L. Bamola, Deputy Director,

Education Department, is hereby promoted

as Joint Director of Education in the scale

of Rs. 1200-60-1440-EB-70-2000 w.e.f.

1.11.81 and posted as Joint Director (Ins-

pection and Supervision) for West and

South Districts with Headquarters at

Gangtok.

He shall be on probation for one year.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 398/(GEN)/Est.


Consequent on his selection for W,H.O.

Fellowship Training Programme IND BSM

005-Group Study Tour to South East Asia,

Shri Dhan Subba, Divisional Engineer,

Building W/S & Housing Department, is

hereby relieved from the date he is relieved

by the Department to enable him to proceed

for the said traning.

During his absence, Shri Dinesh Pradhan

Divisional Engineer will look after the

Water Supply Divsion in addition to his

__________________________________________________________________________________________


GAZ. 6-300C-21-7-83

42 SIKKIM GOVT. GAZETTE, JUNE, 1983 PART II

____________________________________________________________________________________

own on charge allowance @20% of Rs.

900/- viz. Rs. 180/- p.m.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 390/(G)/Est.

Dated Gangtok, the 27th June , 1983.


the following Officers in the Power Depart-

ment with effect from 23.6.1983, i.e. the

of date approval:—

Sl. No. Name of the Officer. Promoted as 1. Shri P. P. Kharel, Additional Chief Engineer

Superintending Engineer, in the scale of Rs. 1250

2100 against the existing

vacancy.

2. Shri O.P. Singhi, Superintending Engineer

Executive Engineer. in the scale of Rs. 1200"

2000 vice 1 above.

They will be on probation for one year


Governor.

T.CHHOPHEL,

Secretary,


OFFICE ORDER

No. 392/Gen/Est.


Shri Durga Prasad Basnet is hereby

appointed as Agriculture Engineer in the

scale of Rs. 660-25-910EB-30-1240EB-40-

1400 in the Agriculture Department W.E.F.

16.6.83, i.e. the date of his joining.

He will draw a basic pay of Rs 660/-

p.m. in the above scale with other allo-

wances as admissible under the rules.


one year.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 397/(G)/Est


The posting of Shri H.P. Chettri as

Deputy Director,(Education) made vide

Agriculture Department Office Order No.

105/Ag dtd. 14.6.83 in continuation of this

Department Office Order No. 1142/G/EST

dtd: 13.12/82 is confirmed.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 402/(O)/Est.


The term of Contract in respect of Dr.

Tepan Sarbajna, D.M O. Namchi, Health

& Family Welfare Deptt. which is due to

expire on the afternoon of 4.7.83, is hereby

extended for a further period of three years


and condition of contract as amended from time

to time.

By Order

D.K. PRADHAN,

Under Secretary,


FINANCE DEPARTMENT

OFFICE ORDER

No.78/Fin.


Shri M.M. Rai. Officiating Superintent-

dent of Police, Vigilance Department,

Government of Sikkim, is hereby declared

as Head of Office with immediate effect.

By Order

D. NIODUP

Chief Accounts Officer, Finance


FOREST DFPARTMENT

NOTIFICATION

No. 12/WL/83. Date 4.6.83

The Wildlife Sector of Forest Depart-

ment has not yet completed the wildlife

census in the State and unless and until

the census is over, it would not be possible

to find out the status of each individual

species of wild animals. Therefore, it is

for the information of the public in general

that the hunting licence of wild animals

shall not be issued to any individual till

such time the census is over.

T.R.SHARMA,

Chief Wildlife Warden,

Forest Department,


S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, July, 1983 No. 7

_________________________________________________________________________________________

CONTENTS Page

PART I—Nil

PART II—Notifications regarding appointments,postings


PART III- Nil

PART lV- Nil

PART V- Nil

PART VI-Nil

PART VII-Nil

PART VIII –Nil

PART IX - (i) Nil

PART X - (ii) Nil

44 SIKKIM GOVT. GAZETTE, JULY 1983, PART II

_________________________________________________________________________________________

PART II


HOME DEPARTMENT

NOTIFICATION

No.6 (29)/Home/1982/20.

Dated Gangtok, the 2nd July, 1983.

In exercise of the powers conferred by

section 492 of the Code of Criminal Proce-

dure,1898 (V of 1898 ), the Government

of Sikkim hereby appoints Shri S.R. Sarkar,

Advocate as the Public Prosecutor in Cri-

minal Case No. 17 of 1978 (State-Vrs-Ra-

bilal Neopany and Ors) now pending in the

Court of District and Sessions Judge,

Gangtok.

By Order

R.S. BASNET,

Joint Secretary.


NOTIFICATION

No. 84/(Gen)/Est.


The State Government of Sikkim is pleased

to constitute a Committee consis-ting of:

1. Chief Secretary - Chairman

2.Development Commissioner - Member

3. Establishment Secretary - Member

The Committee may co-opt any Officer

as Member.

The Committee will screen the appli-

cations received for direct recruitment to the

lowest gazetted posts in pursuance of the

advertisement issued in June, 1983. The

Committee will also conduct the competi-

tive examination and will also decide such

other matters specified in the Notice No. 81/

Gen/Est dated 29th June, 1983.

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 432/G/Est.

Dated Gangtok, the 4th July, 1983

With the concurrence of the Govt. of

India, as conveyed vide MHA New Delhi,

letter No. 12012/1/82 SKM of 30.5.83, the

term of deputation in respect of Shri AC.

Saha, Director of Internal Audit, P &A.O.,

is hereby extended for a further period


and conditions of deputation as amended

form time to time with continued payment

of composite compensatory allowance.

By Order

L. B. RAI,

Joint Secretary,


NOTIFICATION

No. 440/(GEN)/Est.



the creation of a post of Night Chowkidar

for Working Women Hostel, Deorali in the

scale of Rs.300-4-340-5-380 in the Social

Welfare Department with immediate effect.

Expenditure on the above post shall be

debitable to Budget Head "288" Direction

& Administration D1 (i) (i)-Salaries-Plan.

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 459/(G)/Est.


The Governor is pleased to approve

the promotion of the following Officers

against the posts and scales shown opposite

with immediate effect:

1. Shri Tar Tshering Lepcha, Superin-

tending Engineer, as Additional

Chief Engineer (Scale: Rs. 1250-

2100), S.P.W.D.,

2. Shri B.N. Pradhan, Superintending

Engineer, as Additional Chief Engi-

neer (Scale:Rs 1250-1200),

Rural Dev. Deptt.,

3. Shri G.S.Lama, Divisional Engi-

neer, Rural Dev. Deptt., as Superin-

tending Engineer (Scale ;Rs. 1200-

2000)., Rural Dev. Works Deptt.

PART II SIKKIM GOVT. GAZETTE, JULY, 1983 45

________________________________________________________________________________________________

4. Shri P. K. Pradhan, Divisional

Engineer, as Superintending Engi-

neer ( Scale: Rs. 1200-2000 ),

S.P.W.D.,

5. Shri D.P., Pradhan Divisional Engi-

neer, as Superintending Engineer

(Scale: Rs. 1200-2000), S.P.W.D.

6. Shri D.G. Sangdarpa, Divisional

Engineer, as Superintending Engi-

neer (Scale Rs. 1200-2000),S.P.W.D,

They shall be on probation for one

year.

Postings of the promotees, where

necessary, shall be arrangedbythe Depart-

ment concerned.

Their inter-se seniority shall continue

to be in the same order as they existed

prior to their present promotion.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 460/(G)/Est.


The Governor of Sikkim is pleased to

promote Shri A.K. Pradhan, presently

Superintending Engineer ( Mechanical),

S.P.W.D., to the post of General Manager,

S.N.T. in the scale of Rs. 1350-2400.

The promotion will take effect from

the date he assumes charge of the post after

retirement of the present incumbent.

Shri Pradhan will be on probation for

one year.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 432 /G/Est


The Governor of Sikkim is pleased to

upgrade the existing post of Superinten-

ding Engineer in the Sikkim Nationalised

Department to that of Additional General

Manager in the scale of Rs. 1250-2100 and

to promote Shri D.K. Gurung, presently

Superintending Engineer, Sikkim Nationa-

lised Transport to the upgraded post with

immediate effect.

He shall be on probation for one year.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 468/GEN/Est.


In partial amendment of this Depart-

ment Office Order No. 460/G/Est. dated

19.7.1983 to the extent relevant on the

matter, the Governor is further pleased to

appoint Shri Tek Chand Verma, presently

holding the post of General Manager,

Sikkim Nationalised Transport, as Adviser

in the Department with immediate effect.

Consequently Shri A.K. Pradhan shall

take over charge of the post of G.M., S.N T.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 495/Gen/Est.



the existing post of Deputy Secretary,

Chief Minister's Secretariate under the

Home Department to that of Joint Secre-

tary in the scale of Rs. 1200-60 -1440-Eb-

70-2000, and to promote Smt. Angi

Namgyal against the post w.e.f. 24.7.83, i.e.

the date of approval.

She will be on probation for one year.

By Order

L.B.RAI,

Joint Secretary,


____________________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS

GAZ. 7-300C-9-8-83.

46 SIKKIM GOVT. GAZETTE, JULY, 1983 PART II

________________________________________________________________________________________

OFFICE ORDER

No. 496/(G)/Est.



Shri.T. Densapa, Deputy Secretary, Culture

Department, as Joint Secretary in the same

Department against the existing vacancy of

Additional Secretary, in the scale of Rs.

1200-60-1440-Eb-70-2000 w.e.f. 24.7.83, i.e.

the date of approval.

He will be on probation for one year.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 497/(G)/Est.



the existing post of Land Records Officer

in the Land Revenue Department to that

of Senior Land Records Officer it the scale

of Rs. i200-60-1440-Eb-70-2000, and to

promote Shri Kalyan Singh Aswal against

the post w.e.f. 24.7.83, i.e. the date Of ap-

proval.

He will be on probation for one year.

By Order

L. B. RAI,

Joint Secretary,


S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, August, 1983 No. 8

_________________________________________________________________________________________

CONTENTS Page

PART I -Nil

PART II -Notification regarding appointments ,postings


PART Ill -Nil

PART IV -Nil

PART V -Nil

PART VI -Nil

Part VII -Nil

PART VIII-Nil

PART IX (i) Nil

PART X (ii) Nil

48 SIKKIM GOVT. GAZETTE, AUGUST, 1983 PART II

________________________________________________________________________________________

PART II



NOTIFICATION

No. 48/HCS/ESTT.

Dated Gangtok, the 30th August, 1983.


been pleased to create one temporary post

of Leave Reserve Driver, in the Court of

District and Sessions Judge, Gangtok, in

the pay scale of Rs. 350-6-410-7-550, with

immediate effect.

AMARJIT CHOPRA,

REGISTRAR.

HOME DEPARTMENT

NOTIFICATION

No.38 (28)Home/83.

Dated Gangtok, the 1st August, 1983.

Whereas the State Government being

of opinion that it is necessary and expe-

dient so to do, it hereby appoints with the

concurrence of the Hon'ble Hgh Court of

Sikkim, Shri G.P. Roy, District and Ses-

sions Judge, of Sikkim, to enquire into the

circumstances leading to the death of Shri

Kharga, Bahadur Gurung, son of Late Ram

Bahadur Gurung resident of Village

Kopchey within the jurisdiction of the

Rhenock Police Station.

In exercise of the powers conferred on

it by Section 11 of the Commissions of

Inquiry Act 1952, the State Government

hereby directs that Shri GP. Roy, Districts

and Sessions Judge, shall, while holding the

enquiry, have all the powers under sections

4 and 5 of the Commissions of Inquiry

Act 1952 and he shall submit his report to

the Government by the 1st day of September 1983.

This supersedes Notification No. 38

(28)Home/83 dated 30.5.83.

J. T. DENSAPA,

Home Secretary.

NOTIFICATION

No.2(3)Home/17.

Dated Gangtok, the 22nd August, 1983.

In supersession of Home Department

Notification No. 2(3)Home/77/3071 dated

30th October, 1982 the Government of

Sikkim is pleased to appoint Shri Til

Bahadur Limbu, MLA as the Chairman of the

Sikkim Nationalised Transport Board vice

Shri Dadul Bhutia, MLA with imme-diate

effect.

The Chairman will be entitled to the

benefits as laid down in Home Depart-

ment's Order No.2(3)Home/77 dated 8th

December 1977 and No.l(2l080-81/619,620

dated 31st March, 1981.

M. P. PRADHAN,

Chief Secretary,



OFFICE ORDER

No. 552/(Gen)/Est.

Dated,Gangtok, the 9th August, 1983.

The Government of Sikkim is pleased

to appoint Lt. Colonel B.B. Basnett as Sec-

retary, Rajya Sainik Board w.e.f. the date

he takes over charge of the post.

The appointment will be on contract until

further orders subject to its termi-

nation on one month's notice on either

side .Terms contained in this Deptt. Noti-

fication No. 250/Gen/Est of 4.2.81 will be

applicable to him.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 555/Gen/Esi

Dated Gangtok, the 9th August, 1983

Shri R. Wangyal, Assistant Director

is promoted as Deputy Elector (Adminis-

trative) in the Information & Public Rela-

tions Department.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 558/Gen/Est.


Shri Ugen Dorjee Lama ,Deputy Direc-

tor IPR is transferred to Raj Bhawan

PART II SIKKIM GOVT. GAZETTE, AUGUST, 1983 49

_____________________________________________________________________________________

Secretariat as Public Relations Officer vice

Shri N.N. Badola.

Shri N.N. Badola is transferred to

Information and Public Relations Depart-

ment and posted as Deputy Director vice

Shri U.D. Lama. He will look after Press

Release, Press clippings, arrangement of

P.A. system, Photo coverage etc.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 572/(Gen)/Est.



the post of Deputy Director of the Indus-

tries Department held by Shri Manorath

Sharma to that of Joint Director in the scale of

Rs. 1200-60-1440-Eb-70-2000- and to promote

Shri Manorath Sharma against that post w.e.f.-

21.11.82.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 572/Gen/Est.


Shri P.D. Rai, Project Manager, Indus-

tries Department, presently on deputation

with Sikkim Flour Mills Ltd. as its Mana-

ging Director, is hereby promoted subs-

tantively in the grade of Joint Director in

the scale of Rs. 1200-60-1440-Eb-70-2000

w.e.f. 1.11.82.

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 594/(G)/Est.


Shri V.J. Iyer, Deputy Director, Natio-

nal Sample Survey Organisation, Depart-

ment of Statistics, New Delhi, is hereby

appointed as Joint Director. Bureau of

Economics and Statistics under Planning

and Development Department on deputa-

tion for a period of two years w.e.f. 8.8.83

His service on deputation shall be

governed by the terms and conditions as

laid down in the Department of Personnel

and Administrative Reforms, Ministry of

Home Affairs, Govt, of India letter No.

12011/7/75- SKM of 16.1.76 as amended

from time to time.

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 2(131)/597/(G)/Est.


Shri D.P. Chettri, Dy. Chief Pay &

Accounts Officer, Pay & Accounts Office,

Gyalsing, whose date of birth is 15.12.23.

shall retire from service w.e.f. the after

noon of 31.10.83 on superannuation in

accordance with proviso under Rule 98 o-

S.G.S. Rule, 1974 as amended vide Noti-

fication No. 5(56)86/Gen/Est dated 20.7.83.

By Order

D. K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 610/(G)/Est.


The existing term of deputation of Shri

Atul Chandra Saha, IAAS, Director of

Internal Audit expires on 31.8.83 A.N. He

will be relieved of his charge on the expiry

of his term.

Shri Saha retires from service on

31.8.83 A.N.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 611/(G)/Est.


Shri Atul Chandra Saha is appointed

as Director, Internal Audit on contract for

a period of one year w.e.f. 1.9.83 to

31.8.84 on the terms and conditions to be

settled separately in due course.

By Order

T.CHHOPHEL,

Secretary,


50 SIKKIM GOVT. GAZETTE, AUGUST, 1983 PART II

________________________________________________________________________________________

OFFICE ORDER

No. 613/(G)/Est.


Shri G. B. Khati, Administrative Offi-

cer, Agriculture Department, whose date of

birth is 1.12.23 shall retire from service

w.e.f. 31.10.83 on superannuation in accor-

dance with proviso to Rule 98 of Sikkim

Government Service Rules, 1974 as amen-

ded vide Notification No. 5(56)/Gen/Est

of 20.7.83.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 617/(G)/Est


Shri R.O. Lama, PS. to Minister

Food & Civil Supplies, whose service was

extended for one year beyond the date of

his attaining 60 years, i.e. 1.9.82, is retired from

Service w.e.f. 31.8.83 (A.N.).

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 626/(G)/Est.


Shri Tek Chand Verma, Adviser, Sik-

kim Nationalised Transport Department,

whose date of birth is 17.9.24, shall retire

from service w. e. f. the afternoon of

31.10.83 on superannuation in accordance

with proviso to Rule 98 of Sikkim Govt.

Service Rule, 1974 as amended vide Noti-

fication No.5(56)86/Gen/Est. dated 20,7.83.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No.627/G/Est

Dated Gangtok, the 30th August 1983

The resignation tendered by Shri Ja-

nardhan Das Goyal, Secretary, Sikkim Hou-

sing & Development Board and Ex-Officio

Joint Secretary to the Govt, of Sikkim

in the Local Self Govt. & Housing Depart-

ment is accepted w.e.f. 8.9.1983 (AN).

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. Loose/633/(G)/Est


Shri N.K. Kumai, Divisional Engineer.

Irrigation Deptt., is transferred to Sikkim

Public Works Department in the same

capacity against an existing vacancy of

Divisional Engineer, on his own pay scale


Consequently, Shri M. S. Rawat, Supe-

rintending Engineer, Irrigation Department,

is entrusted with the works assigned to Shri

N. K. Kumai in addition to his own until

further orders.

By Order

D.K. PRADHAN,

Under Secretary,


FINANCE DEPARTMENT

OFFICE ORDER

No. 151 /NIn.


Shri D. K. Gazmer, Joint Director

(Accounts), Agriculture Department, Go-

vernment of Sikkim, is hereby declared a

Drawing and Disbursing Officer with effect

from 1.9.1983.

Consequently, Shri G. B. Khati, Ad-

ministrative Officer, Agriculture Depart-

ment, Government of Sikkim, shall cease to

be the Drawing and Disbursing Officer from

the aforesaid date.

By Order

D. NIODUP,


Finance,



NOTIFICATION

No. 645/LR

Dated Gangtok, the 25th August 1983

A committee consisting of the follo-

wing members has been constituted to exa-

__________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS

GAZ. 300C-22-9-83

PART II SIKKIM GOVT. GAZETTE, AUGUST, 1983 51

______________________________________________________________________________

mine the proposal for the creation of nece-

ssary infra-structure at the Headquarter,

District and Village level for the works

connected with the maintenance of land

records :—

1. Shri T. Chhopel, Secretary, Establ-

ishment Department - Member

2. Sari R, Narayanan, Dev. Commis-

sioner - Member

3. Shri K.C Pradhan, Secretary,

Finance - Member

4. Shri G.P. Pradhan, Secretary, SNT.

- Member

5. Shri P. K. Pradhan, Secretary, RDD.

- Member

6. Shri P.O. Pazo, Secretary, Forests

- Member

7. Shri K. Sherab, Secretary, Land

Revenue Convener

The Committee may give its views on

the following :-

(a) Necessity of creating infra struc-

ture at Headquarter, District and Village

level.

(b) Composition of staff requirement

where an infra structure is found necessary,

(c) Any requirement as to training

input and the necessity of creating a

separate cadre, and

(d) Any other matter in which Com-

mittee may like to give its recommendation-

The Committee may co-opt other offi-

cers whom it feels necessary to consult in

its deliberation.

By Order

M. P. PRADHAN,

Chief Secretary,


NO/CON/CAB/3/83 CONFIDENTIAL

EXTRACT TAKEN OUT FROM THE

PROCEEDINGS OF THE CABINET

MEETING HELD ON 11TH FEB-

RUARY, 1983.

No. 618/F&WL Date 27/8/83.

11. FOREST DEPARTMENT

(a) After thorough deliberation the Cabi-

net decided that 1,000 hectares of forest

land in South District with the boundaries

shown below should be declared as Moi-

nam Wild Life Sanctuary :—

East - From top of Yangang ridge is

situated Deorali Dara proceeds

along the Rangang R.F. Crossing

Bhaley Khola falls from Bhasley

dhunga near Mawabhir and fur-

ther links up Telephone bhir Bhal-

ghor, crossing Kaw Khola reach

to Dalkey Dhunga in between of

Paiyong slip and Sumsi.

West - From above the Rabongla Bazar-

a road to Ralang along with Selef

ley stream and at the junction of

Rabong-Ralang road and forest

extraction road upto Phanthang

along with Bermally.

North- Starts from Phanthang ridge cros-

sing Sada R. F. reached Kalo-

pokhri to Sunpathey along with

Karsongla Daraiyli ends at Sun-

pathey.

South - It proceeds from the source of

Rangpo chu covering steep forest

and Eunnbhir on the line of R. F.

top of Yangang ridge ends at Deo-

rali Dara.

(b) Cabinet deferred the consideration

of the proposal for the creation of a post

of Dy. Director in the Department.

(c) Based on the concurrence of the Fi-

nance and Planning & Development De-

partments, the Cabinet accorded administra-

tive approval for taking up :—

(i) Construction of a truckable road

in Ralong Reserve Forest at a to-

tal estimated cost of Rs. 3,35,000/-

(Rupees Three Lakhs thirtyfive

thousand) only.

(ii) Soil Conservation Works under

Soil Watch Scheme along Rangpo

River Catchment Project area at

an estimated cost of Rs. 24,84,000/-

(Rupees Twentyfour Lakhs eighty-

four thousand) only with direc-

tions that the Department should

restrict the expenditure upto only

Rs. 15 (Rupees Fifteen) lakhs

during the current financial year.

Sd/- P. S. Subba,

Addl. Secretary,

(Cabinet).

S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, September, 1983 No. 9 ____________________________________________________________________________________________

CONTENTS Page

PART I—Nil\

PART II—Notifications regarding appointment, postings


PART III—Nil

PART IV—Nil

PART V—Nil

PART VI—Nil

PART VII—Nil

PART VIII—Nil

PART IX — (i) Nil

PART X ---(ii) Nil

54 SIKKIM GOVT. GAZETTE, SEPTEMBER. 1983 PART II

_________________________________________________________________________________

PART II



OFFICE ORDER

No. 242/GAZ/HCS

Dated Gangtok, the 5th September, 1983.

With the concurrence of the High Court

of Calcutta the Government of West Ben-

gal and the Government of Sikkim, as con-

veyed in their Establishment Department

letter No.U/21/Est./6694/G/Est. dated 17th

August, 1983. The term of deputation of

Shri G.P. Roy, District & Session Judge,

Sikkim, at Gangtok, is hereby extended by

one year with effect from 22.6.1983 to

21.6.1984 on the existing terms and condi-

tions of deputation as amended from time

to time.

By Order

AMARJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No.52/HCS/


In partial modification of this Court's

Notification No.l40/HCS dated 4th Decem-

ber, 1981, Hon'ble the Acting Chief Justice

has been pleased to place the services of

Shri A.P Subba, Civil Judge-cum-Judicial

Magistrate, Gangtok, in the Senior Scale of

Rs. 900 - 40 -1180-Eb-45-1450-Eb-50-1800

with effect from 16-2-1981 instead of 25.11.

1981.

AMARJIT CHOPRA,

REGISTRAR.

NOTIFICATION

No. 55/HCS.

Dated Gangtok, the 22nd September, 1983


been pleased to transfer Shri Tashi wangdi,

Civil Judge-cum-Judicial Magistrate, Nam-

chi (now on leave) as Civil Judge-cum-

Judicial Magistrate, East & North, in place

of Shri P.W. Pulger, who has since been

already transferred to Namchi during the

former's absence on leave. Shri Tashi

Wangdi, shall join as Civil Judge-cum-Judi-

cial Magistrate, East & North, after the

expiry of his leave.

AMARJIT CHOPRA.

REGISTRAR.

HOME DEPARTMENT

NOTIFICATION

No.38 (28)Home/83./87

Dated Gangtok, the 23rd September, 1983.

In pursuance of Notification No.38(28)

Home/83/613 dated 1st August, 1983 the

Government of Sikkim is pleased, hereby,

to extend the date of submission of the

report on Judicial Inquiry by Shri G. P.

Roy, District and Sessions Judge to the

Government from 1st September, 1983 to

15th November, 1983.

J. T. DENSAPA,

Home Secretary.


OFFICE ORDER

No. 641/(Gen)/Est.

Dated Gangtok, the 2nd September, 1983.

Shri Tashi Tshering, Deputy Secretary,

Home Department, is hereby relieved from

service w.ef. the forenoon of 2nd Septem-

ber, 1983 after the period of his re-employ-

ment.

By Order

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 653/Gen/Est.

Dated Gangtok, the 3rd September, 1983.

Shri K. K. Rai, Assistant Engineer,

Rural Development Department, is hereby promoted

as Divisional Engineer in the


Eb-45-1450-Eb-50-1800 w.e.f. 18.7.83.

As usual, he will be on probation

for one year.

By Order

L. T. TONYOT,

Joint Secretary,


PART II SIKKIM GOVT. GAZETTE, SEPTEMBER, 1983 55

__________________________________________________________________________________

OFFICE ORDER

No. 699/(G)/Est.


Shri T.T. Targain, Chief Accounts

Officer, Finance Department, shall retire

from service w.e.f. the afternoon of 31.10.83

on superannuation in accordance with pro-

viso to Rule 98 of Sikkim Govt. Service Rule

1974 as amended vide Notification

No5(56)86/Gen/Est. dated 20.7.83.

By Order

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 700/(G)/Est.


Whereas a disciplinary proceeding

against Shri PemTshering Bhutia, Accounts

Officer, Vigilance Department is contem-

plated regarding mis-appropriation of Go-

vernment Funds while functioning as

Accounts Officer in the Education Depar-

tment.

Now, therefore, the competent disci-

plinary authority in accordance with sub-

rule I of Rule 8 of the Sikkim Govt. Ser-

vants Discipline and Appeal Rules as

incorporated in part III of the S.G.S.

Rules, 1974, hereby places the said Shri

Pern Tshering Bhutia under suspension

with immediate effect. He will draw subsi-

stence allowances and other allowance ad-

missible under Rule 96 (i) subject to sub-

mission of certificate required under Rule

96 (ii) of the SGS. Rules, 1974 during the

period of suspension.

It is further ordered that Shri Pem

Tshering Bhutia, Accounts Officer, Vigi-

lance Department shall not leave Gangtok without

obtaining the previous permission

of the Govt.

By order of the Competent and in the

name of the Governor.

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No.2 (73)79/701(G)/Est

Dated Gangtok, the 9th September, 1983

Leave for 15 days w.e.f. 29.8.83. to

12.9.83 applied for and being availed of by

Shri Tamding Chewang, Director, Printing,

Information & Public Relations Deptt., is

hereby sanctioned as Earned Leave.

By Order

C.H. THANGA

Officer on Special Duty


OFFICE ORDER

No.2(161)729/Gen/Est.


The Posts of Regional Transport Off-

icer, Motor Vehicle Department, Gangtok

and Jorethang, are hereby upgraded to that

of Deputy Secretary in the scale of Rs. 900-

40-1180-Eb-45-1450-Eb-50-1800 and cose-

quently S/Shri N. K. Pradhan and Pern

Tshering, Regional Transport Officer of

Gangtok and Jorethang respectivley are

hereby promoted to the upgraded post


By Order

L. T. TONYOT,

Joint Secretary


No. 22/HP/82-83/739 (Gen) /Est.


CORRIGENDUM TO OFFICE ORDER

NO:730/G/EST. OF 15.9.83.

Substitute 'Crime' for Vigilence Police

Force" occuring in SI. 9 of the Office Order

referred to above.

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 784/(G)/Est.


Dr. Ram Kumar Tamang is hereby

appointed as Veterinary Officer at Veteri-

57 SIKKIM GOVT. GAZ

56 SIKKIM GOVT. GAZETTE, SEPTEMBER, 1983 PART II

_________________________________________________________________________________

_

nary Hospital, Deorali, in the Animal Hus-

bandry Department in the scale of Rs. 660-

25-910-Eb-30-1240-Eb-40-1400w.e.f. 1.9.83,

i.e. the date of his joining.





one year.

By Order

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 785(G)/Est.


Dr. Kamal Gurung is hereby appoin-

ted as Veterinary Officer, Rhenook, in the

Animal Husbandry Department, in the

scale of Rs. 660-25-910-Eb-30-1240-Eb-40-

1400 w.e.f. 12.8.83. (AN), i.e. the date of

his joining.





one year.

By Order

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 120/(G)/Est.


In continuation of this Deptt. Notifi-

cation No. 81/Gen/ Est of 28.6.79, the Go-

vernor has further been pleased to sanction

"Special allowance" to the Staff attached

with T. B. Clinic & T B Ward of 4 District

Hospitals including that of S.T.N.M. Hospi-

tal, Health & Family Welfare Deptt. w.e.f.

1.4.77 as under.

SL DESIGNATION AMOUNT PER

NO. OF THE POST MONTH

1. Staff Nurse Rs 60/- p.m.

2. A.N.M. Rs 60/- p.m.

3. 'X' Ray Technician Rs 40/- p.m.

4. Lab Technician Rs 40/- p.m.

5. Treatment Organiser Rs. 40/- p.m.

6. Female Ward Atten-

dant Rs 30/- p.m.

7. Male Ward Atten-

dant Rs 30/- p.m.

8. Dhobi Rs 30/- p.m.

9. Cook Rs 30/- p.m.

10. Mali Rs 30/- p.m.

11. Safai Karmachari Rs 30/- p.m.

This may be deemed to have been

included in the Appendix V of the Sikkim

Govt. Service (Revised Pay) Rules, 78.

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 792(GEN)/Est.


Shri C. L. Sharma, Assistant Engineer,

Power Deptt, is hereby promoted and pos-

ted as Executive Engineer (Coml), Gangtok

in the Department in the scale of Rs. 900-

40-1180-Eb-45-1450-Eb-50-1800 w.e.f. the

date of his joining.


one year.

By Order

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 121/(Gen)/Est.



the existing vacant post of Head Assistant

to the post of Office Superintendent in the

scale of Rs. 550-1100 and to sanction crea-

tion of a post of Stenographer in the scale of

Rs. 450-800 in the Land Use & Environ-ment



debitable to Head '307' A1 (I) (I) Salaries-

Plan.

T.L.TONYOT,

Joint Secretary,


PART II SIKKIM GOVT. GAZETTE, SEPTEMBER, 1983 PART II 57

____________________________________________________________________________________________

NOTIFICATION

No. 123/Gen/Est.



creation of a post of Sweeper in the scale

of Rs. 300-380 for District Collectorate

(East) under Land Revenue Department



debitable to Head 253-C1 (1)(1) Salaries

under demand No.24(HP).

L. T. TONYOT

Joint Secretary,


NOTIFICATION

No.l24/Gen/Est.



creation of the following posts in the Fire

service of the Police Deptt. with immediate

effect :—

Sl. Name of the No of Scale

No. Post Created Post

1. Station Fire Officer 1 Rs. 660-1400

2. Sub-Fire Officer 3 Rs. 480- 850

3. Sr. Accounts Clerk 1 Rs. 410- 700

4. Leading Fireman 4 Rs. 180- 580

5. Fireman 22 Rs. 340- 500

6. Driver 4 Rs. 350- 550

7. Sweeper 1 Rs. 300-380


be debitable to Head 260 B1 (I) Salaries.

L.T.TONYOT,

Joint Secretary,


NOTIFICATION

No.125 /(GEN)/Est.


The Govenor is pleased to sanction

creation of one post of Chowkidar-cum-

Gardener each in the scale of Rs. 300-380

for Soreng, Chujachen and Chidam Higher

Secondary Schools w.e.f. 1.7.1983.


be debitable to Head 277 Edn. A2(2) (2)

(l)-Salaries(Plan).

L.T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 126/(GEN)/Est.


The Governor is pleased to sanction of

the following posts in the Forest Depart-

ment with immediate effect :-

Sl. Name of the Post No. of Scale

No. Post

1. LDC-Cum-Typist 1 380-550

2. Peon 1 300-380


be debitable to Head Plan '313' Bl(l)(l)

Salaries.

L. T. TONYOT,

Joint Secretary,


PART II SIKKIM GOVT. GAZETTE, SEPTEMBER, 1983 58

_________________________________________________________________________________________

_______________________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS

GAZ. 8-300C-11-10-83

FINANCE DEPARTMENT

OFFICE ORDER

No. 180/Fin.


During the abscence of Shri H.K. Kar-

ki, Assistant Director, Bureau of Econo-

mics and Statistics, Planning Development

Department, Government of Sikkim, on

training w.e.f. 189 1983, Shri V. J. Iyer,

Joint Director, Bureau of Economics and

Statistics, Planning & Development Depart-

ment, Government of Sikkim, is hereby

declared as Drawing and Disbursing Officer

with immediate effect till Shri Karki's re-

turn from training.

By Order

D. NIODUP,


Finance,


SIKKIM LEGISLATIVE ASSEMBLY

SECRETARIAT GANGTOK

NOTIFICATION

No. 9/SLAS/76-77/80-81/82-83/15(910)


Under Rule 3 of the Sikkim Legisla-

tive Assembly Secretariat (Recruitment and

Conditions of service) Rules, 1983, the

Speaker of Sikkim Legislative Assembl has

been pleased to sanction after consultation

with the State Government the creation of

a post of Joint Secretary in the Sikkim Le-

gislative Assembly Secretariat in the scale

of Rs. 1200-2000 plus usual allowance with

immediate effect.

The expenditure involved is debitable

to Major Head"211-A-2-(l)" salaries.

R.K. GUPTA,

Secretary,


S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, October, 1983 No.10

_________________________________________________________________________________________

CONTENTS Page

PART I —Nil

PART II —Notifications regarding appointments, postings,


PART III —Rules, Orders, Press Notes etc 63

PART IV —Nil

PART V —Nil

PART VI —Nil

PART VII —Nil

PART VIII - Nil

PART IX— (i) Nil

PART X— (ii) Nil

60 SIKKIM GOVT. GAZETTE, OCTOBER, 1983 PART II

________________________________________________________________________________

PART II



OFFICE ORDER

No. 6(14)83/777/G/Est.


Shri B. S. Pradhan, Jt. Secretary, Mo-

tor Vehicle Department, whose date of Birth

is 24.12.25, shall retire from service from

the afternoon of 31.12.83 on superarnua-

tion in accordance with proviso to Rule 98

of S.G. S. Rules 1974 as amended vide

Notification No. 5(56)86/Gen/Est of 20.7.83.

By Order

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 812(G)/Est.


Shri Badrinath Sharma, Joint General

Manager, S.N.T. Department, is hereby

transferred and posted to Local Self Go-

vernment & Housing Department as joint

Secretary, w.e.f. the date of his joining.

On transfer, he will carry his own pay

and scale.

By Order

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 822/Gen/Est.


In accordance with this Department

office Memorandum No. 5(56)/87/Gen/Est.

dated 20.7.83 the basic pay of Shri B.S.

Pradhan, Joint Secretary, Motor Vehicle

Department shall stand fixed at Rs. 1380/-

p.m. in the scale of Rs. 1200-60-1440-Eb-

70-2000 on 31.12.83.

By Order,

L.T.TONYOT,

Joint Secretary,


OFFICE ORDER

No. 1(7)83/828 (G)/Est.

Dated Gangtok, the 1st October , 1983.

Leave for 45 days w.e.f. 15.7.83 to

27.8.83 already sanctioned to Shri T. P.

Sharma, Secretary, Moter Vehicle and Local

Self Government & Housing Department

as Earned leave vide Office Order No. 473/

G/Est dated 21.7.83 and Office Order No.

690/G/Est dated 7.9.83 is hereby converted

into Commutted Leave.

By Order

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 835/(Gen)/Est.

Dated Gangtok, the 3rd October, 1983.

Shri R.K. Rai, Head of Department

(ENG) D.M. College of Science, Imphal,

Govt. of Manipur, who was released by

Govt. of Manipur w.e.f. 1.8.83 (FN) is hereby

appointed as Principal Govt. Col-

lege, Gangtok under the Education Depart-

ment, Govt, of Sikkim on deputation for

one year on terms and conditions of depu-

tation as laid down in this Department

Notification No.78/Gen/Est. of 19.5.76 as

amended from time to time.

2. Subject to confirmation by the Govt.

of Manipur, the period from 1.8.83. to

28.8.83, is regularised as under.

(1) 16 days w.e.f. 1.8.83 to 168.83 as

leave on half pay.

(ii) 12 days w.e.f. 17.8.83 as joining time

including holidays on 21st, 23rd and

28th August, 1983. His deputation

is deemed to commence from 1st

August,1983.

By Order

L. T. TONYOT,

Joint Secretary,

EstablishmentDepartment.

PART II SIKKIM GOVT. GAZETTE, OCTOBER, 1983 61

__________________________________________________________________________________

OFFICE ORDER

No. 849/(Gcn)/Est.


In supersession of the office order No.

611/G/Est. dated the 27th August, 1983 Shri

Atul Chandra, I.A.A.S. (Retired) is appoint-

ted as Director, Internal Audit on an initial

basic pay of Rs. 1900/- in the scale of Rs. 1350-

75- 1800-Eb-100-2400 for a period of two

years with effect from 1.9.83 to 31.8.85.

In addition to pay he will also draw allowan-ces

admissible under the rules.

His appointment on contract will be

regulated by the terms contained in the

Notification No.250/G/Est. dated

4th February, 1981.

By Order

T. CHHOPHEL,

Secretary,

Establishment Department:

OFFICE ORDER

No. 866(GEN)/Est.


In accordance with Rule 9(1) of I.F.S.

(Pay) Rules; 1968, the posts of Conservator

of Forest held by Shri P.K. Basnett, I.F.S.

With effect from 8.378 and By Shri T.R.

Sharma, I.F.S. with effect from 24.11.78

are hereby declared to be equivalent in

status and responsibility with that of

Conservator of Forest already encadered in

this State Cadre.

By Order

T. CHHOPHEL, Secretary,


OFFICE ORDER

No./367/(G)/Est.


In acordance with Rule 9(1) of the

LF.S. (Pay) Rules, 1968, the post of Addi-

tional Chief Conservator of Forest held by

I.F.S. officer during the period from 8.3.78

to 11.1.83 is hereby declared to be equi-

valent in status and responsibility with that of

Forest already encadered in this State Cardre.

By Order

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No. 860/(Gen)/Est. Dated Gangtok,

the 19th October,1983

The extended term of service of Shri L.M.

Nepali, Carpentry Instructor Govt. Insti-

tute of Cottage Industries, approved vide

Office Order No. 1033/G/Est of 28.1.82

having expired on the afternoon 8.12.82

the same is hereby extended for a further

period of ten months w.e.f. 912.82 to

31.10.83 in term of Retirement Rule 100

(III) of Sikkim Government Service Rules .

He shall retire from service w.e.f.the

afternoon of 31.10.83.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 861/(G)/Est.


Shri S.K. Sikdar, Special Officer, vigi-

lance Department, is hereby repatriated to

his parent Department w.e.f. 1.10.83.

He shall report to his parent Depart-

ment after availing usual joining time.

By Order

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 872/Gen/Est.


Shri Amulya Charsu Datta, Director,

Accounts Finance Department,whose ser-

vice was extended with effect from 24.11.82

62 SIKKIM GOVT. GAZETTE, OCTOBER, 1983 PART II

_________________________________________________________________________________

to 23.11.83 vide office order No 1076/G/

Est. dated 2.1282, shall retire from service

with effect from the afternoon of 23.11.1983.

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 873/(G)/Est.


Shri Naksuk Lepcha, Additional Chief

Engineer, Rural Development Department,

is hereby promoted as Chief Engineer in

charge of technical works of Rural, and

Irrigation Department with effect from the

date of approval i.e. 10-10 83.


one year.

By Order

L.B. RAI,

Joint Secretary,


NOTIFICATION

No. 336/(Gen)/Est.


The Governor is pleased to convert

and redesignate 2 posts of Office Assistant

(450-800) out of 4 such posts created vide

Notification No. 120/Gen/Est. dated 5.8.78,

in Industries Department into and as

Accountant in the scale of Rs. 450-12-570-

Eb-15-720-Eb-20-800 with immediate effect.

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 139/(G)/Est.

Dated Gangtok, the 21st October, 1983.

The Governor is pleased to establis an

Engineering Cell in the Education Depart-

ment and sanction creation of 5 posts of Jr.

Engineer (overseer) in the scale of Rs. 510-

15-630-Eb-18-720-Eb-20-900 with effect

from 11.2.83.

The expenditure on the above posts shall

be debitable to Herd 277/Edn-12 (1)

(1) (1) salaries (Plan).

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 882/(G)/Est.



Office Order No. 467(G)Est. of 14.8.81,

Smt. T. Dloma, Officiating Deputy General

Manager (Admn). S.N.T. Department, is

hereby promoted in full fledged capacity as

Deputy General Manager (Admn) with

effect from 15/8/81.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 884/(G)/Est.


Shri Tashi Namgyal, IPS, Deputy Ins-

pector General of Police, Police Depart-

ment, is hereby relieved from the additional

assignment of the Director, Vigilance

Department, with immediate effect.

Consequently, Shri J.K. Thapa, IAS,

Secretary, Health and Family Welfare De-

partment, is hereby entrusted to exercise

all the powers and functions of Director,

Vigilance Department Police (Recruitment,

Seniority and Promotion) Rules, 1981.

By Order

T.CHHOPHEL,

Secretary,


PART II SIKKIM GOVT. GAZETTE, OCTOBER, 1983 63

_________________________________________________________________________________________

PART III



DEPARTMENT OF INFORMATION & PUBLIC RELATIONS

NOTIFICATION

No. 1022 /IPR/83-84 Dated: 5/10/1983.

The Government of Sikkim is pleased to lay down the following rules to regulate

the release of display advertisements to local newspapers and periodicals.

1. Government advertisements shall be released, on application, on the occasions

of national festivals, for annual issues of dailies, weeklies and other periodicals and

ad hoc publications like brochures, souvenirs, etc., to be brought out on the occasions

of national festivals and other special occasions,.e.g. Saga Dawa, Durga Puja, Jayantis, etc

2. The number of pages of advertisements to be released on different occasions shall

be as follows :—

1. Regular publications

(a) National Festivals, i e. Republic : One page, each of 32 x 22 cm. size for

Day and Independence Day. dailies, weeklies and other periodicals

qualifying for classified advertisements on

the basis of quarterly regularity.

(b) Annual issues of newspapers i.e. : 2 (two) pages of 32 x 22 cm. size for

dailies, weeklies, bi-weeklies and regular newspapers qualifying for classi-

forthnightlies. fied advertisements.

(c) Special issues and supplements on : 2 (two) pages once in a year for regular

Govt, activities newspapers qualifying for classified

advertisements.

Ad hoc publications of registered organisations

Ad hoc publications such as : 2 (tow) pages once in a year

annual magazines,brochures,

souvenirs, etc. of registered

institutions and organisations on such occasions as Durga Puja, Saga Dawa etc.

3. The tariff for display advertisements shall be as follows:

(i) Full page (32 x 22 cm.) : Rs 700.00

Half page Rs. 350.00

(ii) Full page (25 x 16 cm.) : Rs 500.00

Half page : Rs. 250.00

(iii) Full page (20 x 15 cm.) : Rs 400.00

Half page : Rs 200.00

(iv) Full page (20 x 18 cm.) : Rs 350.00

Half page : Rs 175.00

By Order

J. DORJI,

Secretary,

I. P.R. Department,

___________________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS,

GAZ. 10-300C-8-10-83

S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, November, 1983 No. 11

______________________________________________________________________ __________________

CONTENTS Page

PART I —Nil

PART II —Notifications regarding appointments, postings


PART III -Nil

PART IV —Nil

PART V —Nil

PART VI -Nil

PART VII — Nil

PART VIII—Nil

PART IX — (i) Nil

PART X — (ii) Nil

66 SIKKIM GOVT. GAZETTE, NOVEMBER, 1983 PART II

________________________________________________________________________________________

PART II


HOME DEPARTMENT

NOTIFICATION

No.2 (3)Home/77/1244

Dated Gangtok, the 16th November, 1983.


Notification No. 2 (3 )Home/77/3170 dated

the 22nd November, 1982, the Govern-

ment of Sikkim is pleased to appoint

Shri Daugyal Pintso Bhutia, M.L.A. as

Chairman of the Electricity Advisory Board

vice Shri Pradeep Yonzon with immedate

effect.

M. P. PRADHAN,

Chief Secretary,


NOTIFICATION

No. 41(6) Home/82/1245



Notification No. 41 (6) Home/82/3068

dated the 30th October, 1982, the Govern-

ment of Sikkim is pleased to appoint

Shri Pradeep Yonzon, M.L.A. as Chairman

of the Board of State Trading Corpora-

tion of Sikkim vice Shri Daugyal Pintso

Bhutia with immediate effect.

M. P. PRADHAN,

Chief Secretary,



OFFICE ORDER

No. 3(l)83/900/Gen/Est.


Shri P.O. Pazo, Secretary, Forest Dep-

artment, has retired from service with

effect from the afternoon of 30.9.1983.

Consequent on his retirement, the

post of Secretary, Forest, shall stand

abolished.

By Order

T. CHHOPHEL,

Secretary,


NOTIFICATION

No. 143/Gen/Est.


The Governor is pleased to sanctior

creation of a post of Dietician for

S.T.N.M. Hospital under the Health &

Family Welfare Department in the scale of

Rs. 660-25-910-Eb-30-1240-Eb-40-140C with

immediate effect.


be debitable to Head A1 (2) (1) (1)

Salaries ( Plan ).

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 144/Gen/Est


The Governor is pleased to upgrade the

existing post of P.T. Instructor to that

of Assistant Director of Sports ( Girls Wing)

in the scale of Rs. 660-25-910-EB-30-

1240-EB-40-1400 in the Education Depart-

ment with immediate effect.


be debitable to Head A2 (1)(1)(1)

Salaries (Plan) Direction & Administration.

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No.l45/(Gen)/Est.


The Governor is pleased to transfer

the following posts to the State Sector un-

der Education Technology Cell in the Educa-

tion Department with effect from 1.4.83.

Sl. Name of the No. of Scale

No. Posts to be Post

Transfered

1. Assistant Director

( E.T. ) 1 Rs. 660-1400

2. Programme

cum script

Writers 2 Rs. 550-1100

PART II SIKKIM GOVT. GAZETTE, NOVEMBER, 1983 67

_________________________________________________________________________________________

3. U.D.C. 1 Rs. 410-700

4. L.D.C. 1 Rs. 380-550

5. Typist 1 Rs. 380-550

6. Driver 1 Rs. 350-550

7. Peon 1 Rs. 300-380


be debitable to Head AB (2) (2), Edu-

cation Technology Programme (State

Sector) Plan.

L.T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 146/(Gen)/Est.



the existing post of Assistant Director,

Educational Technology Cell, Education

Department to that of Deputy Director

(ET) in the scale of Rs. 900-40-1180-

Eb-45-1450-Eb-50-1800 with immediate

effect.

Further Governor is pleased to sanc-

tion creation of the following posts in

the Education Department with immediate

effect:-


No. post created post

1. Audio Producer 1 Rs. 660-1400

2. Graphic Artist 1 Rs. 550-1100

3. Still Photographer 1 Rs. 510-900

4. Sound Recordist 1 Rs. 510-900

The expenditure on the above posts,

shall be debitable to Head 277 'A’

Education, A3 ( 2 ) (2) Education Techno-

logy Programme ( CSS) Non -Plan.

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 9(4)/910/(Gen)/Est.

Dated Gangtok, the 1st November, 1983.

Shri Shital Prasad Lohar, Superin-

tendent S.N.T. Deptt. is retired from service

w.e.f. the afternoon of 31.10.83 on super-

annuation in accordance with proviso to

Rule 98 of S.G.S. Rule, 1974 as amended

vide Notification No: 5( 56)86/Gen-Est.

dated 20.7.83.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 929/Gen/Est.

Dated Gangtok, the 9th November, 1983

Shri B.L. Lamichaney, Deputy Gene-

ral Manager, S.N.T., is retired from

service w.e.f. the afternoon of 31.10.83

on superannuation in accordance with

proviso to Rule 98 of Sikkim Govt.

Service Rule 1974 as amended vide

Notification No. 5(56) 86/Gen/Est Dated

20.7.83.

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 934(Gen)/Est.


Add the following after the last para-

graph in this Department Order No. 926 (G)Est.

of 7.11.1983:

“Shri H.K. Karki shall move first

to relieve Shri K.N. Sharma. Shri R.K.

Upreti, on being relieved by Shri K.N.

Sharma, shall report to Secretary, Rural

Development Department."

By Order

L. B. RAI,

Joint Secretary,


OFFICE ORDER

No. 938/(Gen)/Est.


Dr. Biswanath Kumar, Lecturer,

Sikkim Govt. Law College, is hereby allo-


________________________________________________________________________________________

wed to cross the probationary period of one year.

He is allowed to draw an annual

increment @ Rs. 40/-p.m. in the UGC

scale of Rs. 700-40-1100-50-1600 with effect

from 1.7.83 thereby raising his pay from

Rs.1060/- t0 Rs. 1100/-p.m.

By Order

D. K. PRADHAN,

Under Secretary,


NOTIFICATION

No. AA/29/EST/81/948/Gen/Est


The Governor of Sikkim is pleased

to redesignate the following heads of

Departments as shown against their names: 1. Shri P.S. Moktan — Chief Conservator of Forest-cum-

Secretary to the Government,

Forest Department,

2.Shri L B. Chettri — Chief Engineer-cum-Secretary-

to the Government, Public Works

Department ( Roads & Bridges)

3. Shri M.K. Pradhan — Chief Engineer-cum-Secretary to

the Government, Building, Public

Health Engineering & Housing

Department

4.Shri L.P: Tiwari — Chief Engineer-cum-Secretary to

the Government, Power

Department

5.Shri B.S, Basnett — Director-cum Secretary to the

Government, Agriculture Depart-

ment.

T. CHHOPHEL,

Secretary,


OFFICE ORDER

No.953/(Gen)/Est

Dated Gangtok, the 21st November, 1983

Shri Badrinath Sharma, Joint Secretary,

Local Self Government & Housing Depart-

ment, is hereby declared as Ex-Officio Secre-

tary to the Sikkim Housing and Develop-

ment Board with immediate effect.

By Order

L. B. RAI,

Joint Secretary,


NOTIFICATION

No. 154/(Gen)/Est.

Dated Gangtok, the 23rd November, 1983.


creation of 5 posts of Sr. Tibetan Language

Teacher ( P.G.T. ) in Education Deptt. in the scale

of Rs. 660-25-910-EB-30-1240-EB-

40-1400 for the following Hr. Secondary Schools

with immediate effect:

1. Enchey Hr. Secondary School East

Sikkim

2. Chhujachen Higher Secondary

School, East Sikkim

3. Mangan Higher Secondary School,

North Sikkim

4. Namchi Higher Secondary School,

South Sikkim.

5. Pelling Higher Secondary School,

West Sikkim


debitable to head-277-Education A2(2)(2)

Govt. Higher Secondary and High Schools

A2(2) (2) (1)- Salaries.

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 5 (49) 83/155/(Gen)/Est.



the existing posts of Receptionists under

the Home Deptt. and to place them in the

scale fo Rs. 410-700 and also in create the following

posts with immediate effect:



1. Receptionist 1 410-700

2. Guard 5 340-500

The expenditure/ on the above posts

shall be debitable to Budget Head 252 B2 (l)-

salaries.

L.T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 155(Gen)/Est.



creation of a post of Sr. Specialist (Opthal-

mology) in the scale of Rs. 900-40-1180-EB


__________________________________________________________________________________

-45-1450-EB-50-1800in the Health & Family

Welfare Department w.e.f. 15.7.83.


debitable to Head 282-C1 ( 1 ) (4) Preven-

tion of Control of Blindness ( CSS ).

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 156/Gen/Est.



creation of a post of Electrician in the scale

of Rs. 410-10-580-EB-12-700 in the Printing



be debitable to Head "250"-AI ( 1 ) ( 1)-

Salaries (Plan).

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 157Gen/Est.


The Governor is pleased to redesignate

the post of Chief Cameraman in Information

& Public Relations Department as Dy.

Director ( Film ) with immediate effect.

L. T. TONYOT,

Joint Secretary,


NOTIFICATION

No. 159(Gen/Est.

Dated Gangtok, the 23rd November, 1983


the Primary Health Sub-Centre at Passing-

dong, North Sikkim to Primary Health

Centre, and to create the following posts

with immediate effect:—

Sl Name of the post No. of Scale

No. created Post

1. Medical Officer 1 Rs. 660-1400

2. ANM 2 Rs. 410-700

3. Lab. Technician 1 Rs. 410-700

4. Jr. Store Keeper 1 Rs. 380-550

5. Driver 1 Rs. 350-550

6. Cook 1 Rs. 320-450

7. Dhobi 1 Rs. 320-450

8. Peon-cum-chowki- 1 Rs. 300-380

dar

9. Male Sweeper 1 Rs. 300-380

10. Female Sweeper 1 Rs. 300-380


be debitable to Head-280 PHCS other

Districts-A1 (2) (9) (3) (1) Salaries (Plan).

L. B. RAI,

Joint Secretary,


NOTIFICATION

No. 160/(Gen)/Est.

Dated Gangtok, the 23rd November, 1983

The Governor is pleased to establish

10 (ten) Primary Health Sub-Centres at the

following places:-

EAST DISTRICT SOUTH DISTRICT

1. Lingtam 6. Gom-Kitam

2. Aritar-Dalapchen 7. Jarrong

3. Linkey 8. Parbing 4. Luing

NORTH DISTRICT WEST DISTRICT

5. Salim Palkel 9. Parang Gaon

10. Tharpu

Consequently, following posts one for

each Primary Health Sub-Centres, are crea-

ted with immediate effect:



1. Compounder 10 Rs. 450-800

2. ANM 10 Rs. 410-700

3. Ward Attendent 10 Rs. 300-380


be debitable to following budget Heads:

East and North

Districts - 280 PHSCS other Dis-

trict-A1 (2) (10) (3) (1)

Salaries (Plan)

South District - 280 South PHSC-A1 (2)

(10)(1)(1) Salaries (Plan)

West District - 280 West PHSC-AI (2)

(10) (2) (1) Salaries

(Plan)

L. T. TONYOT,

Joint Secretary,



______________________________________________________________________________________

OFFICE ORDER

No. 966/(Gen)/Est.


Shri S.L. Lama, Joint Director, Agricul-

ture Department, is hereby promoted as

Additional Director in the same Department

against the existing vacancy with effect from

13.11.83.

As usual, he will be on probation for one

year,

The inter - se - seniority of the officer

in the Additional Director's grade shall

continue to be in the same order as it

existed in the immediate lower grade.

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 967/Gen/Est.


The posts of Director of Training and

one post of Joint Director in the Agricul-

ture Department, are hereby upgraded to

that of Additional Directors with effect

from 13.11.83.

Consequently, S/Shro P.Bhutia, Director

of Training and H.R.Pradhan, Joint

Director, Land Use & Environment, are

hereby promoted against the above up-graded

posts with effect from the above

date. Shri H. R. Pradhan will hower, con-

tinue to work in the Land Use& Environ-

ment.

In the temporary vacancy of Addi-

tional Director resulted with the transfer of

Shri H.R. Pradhan to the Land Use &

Environment Deptt. Shri G K. Gurung

Joint Director ( Hort), is hereby promoted

as Additional Director with effect from

13.11.83.

As usual, S/Shri P.Bhutia and H.R.

Pradhan shall be on probation for one

year.

Their inter-se-seniority in the Addi-

tional Director's grade shall continue to

be in the same order as they existed in the

immediate lower grade.

By Order

L.B. RAI,

Joint Secretary,


OFFICE MEMORANDUM

No. 161/Gen/Est.


SUB : GRANT OF CONVEYANCE

ALLOWANCE TO BLIND AND

ARTHOPAEDICALLY HANDICAPPED

STATE GOVT. EMPLOYEES.

The undersigned is directed to refer

to this Deptt. Memorandum No:5 (186)

131/Gen/Est. dated 3.10.83 on the subject

cited above and to say that a question may

arise as to what constitutes blindness for the

purpose of grant of conveyance allowance.

The State Govt, is pleased to decide that

Govt. Servants having vision less than 3/60

or field vision less than 10°, in both eyes,

will also be eligible for grant of the allow-

ance in term of the above orders.

2. These orders will take effect from

1.10.83. For those who develop the disabil-

ity at a future date, the relevant date of

eligibility will be the date of receipt of the

recommendations of the appropriate medi-

cal authority by the Head of the Depart-

ment.

L. T. TONYOT,

Joint Secretary,


OFFICE ORDER

No. 984(Gen)/Est.


Shri S.K. Sikdar, Special Officer, Vigi-

lance Department, is sanctioned Earned

Leave for 120 days w.e.f. 25.10.83 to 21.2.84

On expiry of the leave he shall report

for duty to the Director General and Ins-

pector General of Police, West Bengal, after

availing of admissible period of joining

time.

By Order

L. B. RAI,

Joint Secretary,


NOTIFICATION

No. 144/83-84/LR/163(Gen)/Est. Dated

Gangtok, the 29th November, 1983

Consequent on the completion of Survey

& Settlement works being carried out byteh

Survey & Settlement Department, the State

Government is pleased to wind up the Sur-


_____________________________________________________________________________________

vey & Settlement Department with effect

from 30.11.1983 (AN).

2. The State Govrenment is further pleased

to establish a Land Record Office

under Land Revenue Department and to

create following posts for that office with

effect from 1.12.1983. subjectto confirma-

tion by the Cabinet :-

HEAD-QUARTERS SCALE

1. Joint Director - 1 (1200-2000)

2. Deputy Director -1 (900-1800)

3. Assistant Director -1 (660-1400)

4. Inspector -1 (510-900)

5. Revenue Supervisor -2 (410-700)

6. Accounts Officer -.1 (660-1400)

7. Surveyors -4 (410-700)

8. Sr. Accounts Clerk - 2 (410-700)

9. L.D.C -3 (380-550)

10. Peon -6 (300-380)

DISTRICT LEVEL

OFFICE

1. Asstt. Director - 4 nos. one for each

(660-1400) district.

2. Inspector (510-900) - 4 nos. -do-

3. Head Surveyors

(450-800) - 8 nos. two for each

district.

4. S.A.C. (410-700) - 4 nos. one for each

district.

5. L.D.C. (380-550) - 4 nos. one for each

district.

6. Peon (300-380) - 8 nos. two for each

district.

BLOCK LEVEL

OFFICE

- 40 nos. = 1 each for

40 Block

Level

Offices as

1. Revenue Super- per list at

visor (410-700) Annexure

2. Chainman (300-380) I(Flag-M)

-40 nos.

The Expenditure on the adove posts

shall be debitable to Major Head 299 A-

Land Revenue-A1 Survey & Settlement

Operations, A1(1) Strengthening of Adm.

for Land Reforms.

L. T. TONYOT,

Joint Secretary,


Annexure-I

EAST

1. Pakyong 7. Lingdok

2. Rhenock 8. Machong

3. Rongli 9. Duga

4. Rumtek 10. Naitam

5. Song 11. Suchagang

6. Samdong

WEST

1. Sombaria 6. Chakung

2. Soreng 7. Khachepari

3. Kaluk 8. Yoksum

4. Mangalbarey 9. Geyzing

5. Dentam 10. Tashiding

NORTH

1. Chungthang

2. Phodong

3. Phensang

4. Passingdang

5. Ghon-Sangdong ( L. Zongu)

6. Gor

7. Singhik

SOUTH

1. Namthang 7. Kewzing

2. Sumbuk 8. Lingmo

3. Bermoik 9. Tinkitam

4. Titni 10. Linghi

5. Ralong 11. Polat

6. Paklock 12. Boomtar

OFFICE ORDER

No.987(Gen)/Est.


Shri D. P. Barsel, Functoinal Manager,

Industries Department, is hereby promoted

as General Manager, D.I.C., in the scale

of Rs. 900-40-1l80-Eb-45-1450-Eb-50-1800

and posted to Jorethang with effect from

the date he takes over charge of the post.


one year.

By Order

L. B. RAI,

Joint Secretary,


______________________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS

GAZ. II -300C-15-11-83


________________________________________________________________________________________

OFFICE ORDER

No. 991(Gen)/Est.


Dr. Sonam Dorjee, Consultant (Radio-

logy), S.T.N.M. Hospital, Health & Family

Welfare Department, is hereby retired from

service with effect from 30.11.83(AN) and

re-employed for one year with effect from

1.12.83.

During the period on re-employment he

shall draw the same salary as being drawn

immediately prior to his retirement, but less

the amount of pension if he draws it (i.e. the

penison) during the period of

re-employment.

By Order

L. B. RAI,

Joint Secretary,


FINANCE DEPARTMENT

OFFICE ORDER

No. 253/Fin.

Dated Gangtok, the31st October, 1983.

Shri Zeoland Christopher, Accounts

Officer, Education Department, Govern-

ment of Sikkim, is hereby declared as

Drawing and Disbursing officer for East

District with effect from 29.10.83.

Consequently, this Department Office

order No. 192/Fin. of 30.9.83 declaring

Shri S.N. Lal Gupta, Joint Director (East)

Education Department as Drawing and

Disbursing officer for East District is

withdrawn from the above date.

By Order

L.B.PRADHAN,

Joint Secretary,

Finance Department.

S I K K I M


EXTRAORDINARY


Vol. XXXIII Gangtok, December, 1983. No.12

_______________________________________________________________________________

CONTENTS Page

PART I —Nil PART II —Notifications regarding appointments, postings,


PART III -Nil

PART IV —Nil

PART V —Nil

PART VI —Nil

PART VII —Nil

PART VIII—Nil

PART IX — (i) Nil

PART X — (ii) Nil

74 SIKKIM GOVT. GAZETTE, DECEMBER, 1983 PART II

__________________________________________________________________________________

PART II



NOTIFICATION

No. 71/HCS/Corfdl.


It is hereby notified for general informa-

tion that the High Court of Sikkim will

remain closed on account of Winter Vaca-

tion from 2nd January, 1984 to 25th Febru-

ary, 1984 and will reopen on 27th February,

1984, 26th February, 1984 Sunday. As

already notified, the Christmas Vacation is

to commence from 19th December, 1983

ending with 31st December, 1983.

The Court during these periods will

sit from 29th December, 1983 to 3rd Janu-

ary, 1984 and from 13th February, 1984 to

22nd February, 1984.

During these periods, the office will

remain entire closed on Sunday and other

State holidays. On other days, members

of the staff will attend the office under

Roster arrangement.

The holidays to be observed by this

Court during the year 1984 will be notified

in due course.

By Order

AMARJIT CHOPRA,

REGISTRAR.

HOME DEPARTMENT

NOTIFICATION

No.41 (6)Home/82/262



Notification No. 41 (6) Home/82/1245

dated the 16th November 1983 the Govern-

ment of Sikkim is pleased hereby to relieve

Shri Pradeep Yonzon MLA from his

Charge as Chairman of the Board of State

Trading Corporation of Sikkim with

immediate effect.

M. P. PRADHAN,

Chief Secretary,


NOTIFICATION

No. 2(3) Home/77/263

Dated Gangtok, the 20th, December, 1983.

The Government of Sikkim is pleased

hereby to appoint Shri Katuk Bhutia,

MLA as Chairman of the Electricity Advi-

sory Board with immediate effect.

M. P. PRADHAN,

Chief Secretary,


NOTIFICATION

No. 2(3)Home/77/264

Dated Gangtok, the 20th December, 1983


Notification No. 2 (3) Home/77/1244 dated

the 16th November, 1983 the Government

of Sikkim is pleased hereby to relieve Shri

Dawgyal Pintso MLA from his charge as

Chairman of the Electrictiy Advisory Board


M. P. PRADHAN,

Chief Secretary,


ESTABLISHMENT DEPART MENT

OFFICE ORDER

No. 995/(G)/Est.

Dated Gangtok, the 30th November,1983


Office Order No.552/G/Est. of 9.8.83, Lt.

Col. B.B. Basnett, Secretary, Rajya Sainik

Board, Sikkim, is hereby allowed to draw

a consolidated pay of Rs. 2000/.p.m.with

effect from 2.11.83.

Further, his appointment on contract

is made for a period of two years with

effect from the above date.

By Order

L.B.RAI,

Joint Secretary,


OFFICE ORDER

No. 1027 (G)/Est.

Dated Gangtok, the 7th December,1983

Leave for 61 days with effect from

26.11.83 to 25.1.84 applied for and being

availed of by Shri Karma Topden, I.A.S.

PART II SIKKIM GOVT. GAZETTE, DECEMBER, 1983 75

___________________________________________________________________________________

Secretary to Hon’ble Chief Minister, is

hereby sanctioned as Earned leave.

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1033/(G)/Est.

Dated Gangtok; the 13th December, 1983.

Smt. Rosabel Namchyo, Deputy Sec-

retary, Education Department, is hereby

promoted as Joint Director in the same

Department in the scale of Rs. 1200-60-

1440-Eb-70-2000 with effect from the date


one year.

By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1035/(G)/Est.


Leave for 13 days with effect from

14.11.83 to 26.11.83 applied for and availed

of by Shri Tashi Namgyal , Indian Police

Service, Officiating Inspector General of

Police, Police Department, is hereby senc-

tioned as Earned Leave.

By Order

D.K. PRADHAN,

Under Secretary,


OFFICE ORDER

No. 1039/(Gen)/Est.


Consequent on he retirement of Shri

B.S. Pradhan, Joint Secretary, Motor

Vehicle Department with effect from

31.12.83. (AN), Shri N.K. Pradhan, Deputy

Secretary in the same Department, is hereby

declared as Ex-Officio Secretary, S.T.A.


By Order

L.B. RAI,

Joint Secretary,


OFFICE ORDER

No. 1061/(Gen)/Est.



the post of Additional Director of Health

& Family Welfare Department to that of

Director and to promote Dr. L. Tenzing to

the upgraded post with effect from 24.11.83.

By Order

L.B. RAI

Joint Secretary,


OFFICE ORDER

No. 1065/Gen/Est.



the post of Additional Secretary, Cabinet

to that of Secretary Cabinet, and to

promote Shri P.S. Subba, Additional Sec-

retary, Cabinet to the above upgraded jpost


By Order

L.B. RAI,

Joint Secretary,



DEPARTMENT OF EDUCATION

GANGTOK-737101.

Dated the 16th December, 191

NOTIFICATION

With the approval of the Hon’ble

Minister for Education, the State Advisory

Committee for the Educational Technology

Cell, Sikkim, has been reconstituted with

the following composition:

1. Hon’ble Minister for

Education Govt. of

Sikkim. – Chairman.

2. Secretary Education

Govt. of Sikkim. – Vice-

Chairman.

3. Secretary Finance

Govt. of Sikkim. – Member

4. Development Commi-

ssioner cum-Secretary

Planning

Govt. of Sikkim. - Member

___________________________________________________________________________________________ PRINTED AT THE SIKKIM GOVERNMENT PRESS

GAZ.12-300C-12-12-83

76 SIKKIM GOVT. GAZETTE, DECEMBER, 1983 PART II

___________________________________________________________________________________

5. Secretary I.P.R.

Govt, of Sikkim. — Member

6. Secretary Health

Govt, of Sikkim. — Member.

7. Representative of the

Ministry of Education,

Govt, of India. — Member.

8. Station Director,

All India Radio

Gangtok. — Member.

9. Principal, Centre for

Educational Technology

N.C.E.R.T. New Delhi/

or his representative. — Member.

10. Head of the Department,

Department of

Teaching Aids,

N.C.E.R.T, New Delhi/.

or his represen- --- Member,

tative.

11. Jt. Director of

Education (Adm)


12. Jt. Director of

Education (Plg)


13. Jt. Director of

Education (South &

West). Govt, of Sikkim. — Member

14. Jt. Director of

Education (East)


15. Dy. Director of

Education (Acd)

State Institute of

Education, (Acd)


16. Dy. Director of

Education (Languages)


17. Dy. Director of

Education (Adult Edn)

Govt, of Sikkim. --- Member.

18. Principal, T.T.I.


19. One member from the

General public, to be

nominated by the

Chairman. — Member

20. Field Adviser NCERT.

Calcutta. — Member

21. Dy. Director (E.T). — Member

Secretary

This cancels earlier Notification No./

SIE/ET-33/Edn of 28.8.1980.

M. M. Rasaily

Secretary Education

GOVERNMENT OF SIKKIK

OFFICE OF THE CHIEF

CONSERVATOR OF FOREST

GANGTOK

NOTIFICATION

Ref. No. 55/wl/83/1060./F

Dated 19th December, 1983.

With the approval of the State Go-

vernment, a Taske Force Committee is here-

by reconstituted consisting of the following

members for implementation of the Cen-

trally sponsored schemes on development

of National Park and Sanctuaries in the

State of Sikkim-

1. C.C.F. cum Secretary

Forest Department : Chairman

2. Addl. C.C.F. : Member

3. Deputy Director

(Wildlife) Eastern

Region Calcutta : Central Govt.

Nominee

4. Secretary, Finance : Member

5. C.F. (Wildlife) : Member - Sec-

retary

6. Shri Tasa Tangey : Non Official

Member

By Order

CHIEF WILDLIFE

WARDEN
