SIKKIM (REPEAL AND MISCELLANEOUS PROVISIONS) ACT, 1985

Act No. 10 of 1985

AN ACT to repeal the Sikkim Bazar Committees Act, 1969 and the Gangtok Municipal Corporation Act, 1975 and to provide for transfer of duties. functions and powers. and for certain matters incidental thereto. Be it enacted by the Legislative Assembly of Sikkim in the Thirty-sixth Year of the Republic of India as follows:

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S.1 Short title and commencement

(1) This Act may be called the Sikkim (Repeal and Miscellaneous Provisions) Act, 1985.

(2) It shall come into force at once.

S.2 Definitions

In this Act unless the context otherwise requires,

• (a) "appointed day" means the date on which this Act comes into force;
• (b) "Committee" means the Bazar Committee constituted under section 5 of the Sikkim Bazar Committees Act, 1969;
• (c) "Corporation" means the Gangtok Municipal Corporation constituted under section 3 of the Gangtok Municipal Corporation Act, 1975.
• (d) "State Government" means the Government of the State of Sikkim or any Department of the Government of Sikkim or any person or persons authorised in this behalf by a notification by the State Government.
• (e) "Regular Employee" means an employee whose services have been regularized as per rules in force.

S.3 Repeal of Act of 1969 and Act IV of 1975 and dissolution of Committee and the Corporation

On the appointed day, the Sikkim "Bazar Committees Act, 1969 and the Gangtok Municipal Corporation Act, 1975 shall stand repealed, and the Committee and the Corporation shall stand dissolved.

S.4 Section 4

On the dissolution of the Committee and the Corporation

• (a) functions, powers and duties of the Committee and the Corporation shall stand 'transferred to and vest in the State Government in the local Self Government and Housing Department;
• (b) all moneys and other property of whatever kind (including the fund of the Committee and the Corporation) owned by or vested in the Committee and the Corporation, immediately before the appointed day shall, on the appointed day, stand transferred to and vest in the State Government in the Local Self Government and Housing Department;
• (c) subject to the provisions of clause (d), any suit, appeal or other proceeding of whatever nature pending immediately before the appointed day before any Court or any other authority or the Tribunal constituted under section 49F of the Gangtok Municipal Corporation Act, 1975 in which the Committee or the Corporation, as the case may be, is a party shall, on the appointed day, cont
  

S.5 Section 5

(1) Every regular employee in the Corporation shall become, on and from the appointed day or such later date as the shall hold office or service under the State Government with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him and shall continue to do so unless and until his employment under the State Government is duly altered by the State Government.

(2) In respect of other. categories of employees the State Government shall have the right to determine the continuance of their ,service and appoint them on such terms and conditions as may be specified.

(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of services of any officer or other person employed in the Corporation to the State Government shall not entitle. such. officer or other employees to any compensation under this Act or under any law for the time being in fo

S.6 Section 6

On and from the appointed day, any reference to Committee or Corporation in any law (other than this Act) or in any contract or other instrument shall, except as otherwise provided in any general or special order made by the State Government be deemed to be a reference to the Local Self Government and Housing Department.

S.7 Section 7

The Government may, impose the following rates, taxes and fees or any of them:

• (a) a rate on holdings situated within the limits of Gangtok town assessed on the annual value including different rates for different grades of valuation;
• (b) a conservancy rate on the annual value of holdings;
• (c) a water rate as per the consumption;
• (d) a tax on trade or profession or calling;
• (e) any other tax. rate or fee which the Government may deem necessary.

Explanation- The annual value of holding shall be gross annual rental to which the holding may reasonably be expected to let after deducting, the maintenance not exceeding ten per cent.

S.7A Section 7A

1[If any person contravenes.--

• (a) any of the provisions and conditions of licence issued under the rules; or
• (b) any order or direction or notification issued under the Act or rules made thereunder,

the officers of the Local Self Government and Housing Department specially authorised in this behalf by the Secretary of the said Department, without prejudice to any other action that may be taken against him under the Act or rules made thereunder, may

• (i) seize the goods involved and
• (ii) by written order restrain or prohibit the said person from carrying on his activity in contravention of the licence issued under the rules or order or direction' or notification issued under the Act or rules made thereunder.]

1. Inserted by the Sikkim (Repeal and Miscellaneous Provisions) Amendment Act No. 6 of 1987 w. e. f: 4. 7. 1987.

S.7B Section 7B

1[The goods so seized under section 7A shall be liable to be sold in public auction and the sale proceeds thereof shall be forfeited:

Provided that no such auction shall be held without affording an opportunity to such person concerned whose goods are to be sold in public auction.

1. Inserted by ibid.

S.8 Section 8

(1) The State Government may, by notification published in the Official Gazette, make rules.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

• (a) provide for assessment and recovery of any tax, rate and fee;
• (b) prescribe for qualifications of and the procedure to be followed by an assessor;
• (c) prescribe the procedure to be followed by an assessor;
• (d) prescribe the form of notice of demand and for fixing the fees payable in connection with distress;
• (e) prescribe for condition and limitation- under which the form in which, a trade licence may be granted, the amount of licence fees, manner of payment thereon and the cancellation, revocation or suspension of trade licence;
• (f) provide for the removal of sewerage, rubbish and offensive matters from all public latrines, urinals and drains and making necessary arrangements for their proper cleansing and disinfection;

S.9 Cognizance of offences

Notwithstanding anything contained in the law relating to Criminal Procedure for the time being in force, all offences against any rule or order or direction issued thereunder shall be cognizable and bailable.

S.10 Magistrates power to impose enhanced penalties

Notwithstanding anything contained in the law relating to the Criminal Procedure for the time being in force, it shall be lawful for a Magistrate of the First Class to pass any sentence authorised by this Act in excess of his power.

S.11 Finality of order

Every order passed or direction issued by the State Government or order passed or- notice issued by any officer authorised under this Act shall be final and shall not be questioned in any suit or other legal proceeding.

S.12 Continuance of existing rules

The existing rules governing the subjects enumerated in section 8 and other rules dealing with bazaars shall continue till they are varied, altered or amended under section 8 of the Act.