sikkim government gazette extra ordinary published …
TRANSCRIPT
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY
GANGTOK DATE FRIDAY 08TH APRIL 2011 No. 184
GOVERNMENT OF SIKKIM LAND REVENUE & DISASTER MANAGEMENT DEPARTMENT
NOTIFICATION NO. 2/1190/LR&DMD(S) DATED: 6/4/2011.
DECLARATION UNDER SECTION 6 OF LAND ACQUISITION ACT, 1894 (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 the development of Tourist Infrastructure for Village Tourism by Tourism Department, Government of Sikkim in the block of Jaubari, South Sikkim, it is hereby declared that the pieces of land comprising cadastral Plot Nos. 309/A(P), 309/B(P), 310(P), 311(P), 416/A(P) & 416/B(P) & 309/523(P) measuring area more or less 0.0901 hectare bounded on the East:- D.F. of Da Tempa Sherpa & PWD Road, West:- D.F. of Phurba Tsh. Sherpa, Passang Rinzing, Passang Tenzing & Mingma Tandu Sherpa, North:- D.F. of Da Tempa Sherpa, South:- D.F. of Passang Tenzi Sherpa & Gumpa area is needed for the aforesaid public purpose at the public expense within the aforesaid block of Jaubari, South Sikkim. This declaration is made under the provision of Section 6 of L.A.Act, 1894 (Act I of 1894) to all whom it may concern. A plan of the land may be inspected in the office of the District Collector, South, Namchi. SD/-(B.K.KHAREL) IAS
COMMISSIONER-CUM-SECRETARY, LAND REVENUE & DM DEPARTMENT, GOVERNMENT OF SIKKIM, GANGTOK,
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY
GANGTOK DATE FRIDAY 08TH APRIL 2011 No. 185
GOVERNMENT OF SIKKIM LAND REVENUE & DISASTER MANAGEMENT DEPARTMENT
NOTIFICATION NO. 1/1140/LR&DMD(S) DATED: 6/4/2011.
DECLARATION UNDER SECTION 6 OF LAND ACQUISITION ACT, 1894 (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 the construction of School building by Human Resource Development Department at Lower Arithang in the block of Gangtok Station, East Sikkim, it is hereby declared that the pieces of land comprising cadastral Plot Nos.622, 623, 623/1468 & 621/1942 and measuring area more or less 0.41 acre bounded on the East:- Land of Kamal Giri, B.D.Diyali & Mrs Bishnu Kri., West:-Kulo & Boundary of Sichey block, North:- Land of Kamal Giri & Kulo and South:- Land of Saran Kr. & Krishna Psd. is needed for the aforesaid public purpose at the public expense within the aforesaid block of Lower Arithang under Gangtok Station, East Sikkim. This declaration is made under the provision of Section 6 of L.A.Act, 1894 (Act I of 1894) to all whom it may concern. A plan of the land may be inspected in the office of the District Collector, East. SD/-(B.K.KHAREL) IAS
COMMISSIONER-CUM-SECRETARY, LAND REVENUE & DM DEPARTMENT, GOVERNMENT OF SIKKIM, GANGTOK,
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY
GANGTOK DATE FRIDAY 08TH APRIL 2011 No. 186
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY GANGTOK DATE FRIDAY 08TH APRIL 2011 No. 187
GOVERNMENT OF SIKKIM
WEIGHTS & MEASURES AND CONSUMER PROTECTION FOOD & CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT
PALJOR STADIUM ROAD GANGTOK-737101
O.O. 10/WM/FCS&CA Dated: 28.03.2011
NOTIFICATION In exercise of the Powers Conferred by clause (b) of Sub-Section(1) Section 10 of the Consumer Protection Act, 1986, the State Government on the recommendation of the Selection Committee appoints the following persons as Member of the District Consumer Disputes Redressal Forum:- A. DISTRICT FORUM (EAST) 1. Mrs. Tara Sampang, - Member 6th Mile Tadong East-Sikkim B. DISTRICT FORUM (WEST) - Member 1. Mr. T.N. Tiwari, Langang Busty, Gyalshing, West-Sikkim. 2. Mrs. Tshering Uden, - Member
Kyongsa, Gyalshing, West-Sikkim.
They shall hold the office for a period of five years or upto the age of sixty five years whichever is earlier. (Nalini G. Pradhan) Secretary F C S & C A Department
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY GANGTOK DATE FRIDAY 08TH APRIL 2011 No. 188
FOREST, ENVIRONMENT AND WILDLIFE MANAGEMENT DEPARTMENT
GOVERNMENT OF SIKKIM
DEORALI, GANGTOK
NOTIFICATION
No. O2/FEWMD/DIR (REE)/P&S Date 1.4.2011
GUIDELINES ON SINGLE
WINDOW SYSTEM FOR
RESEARCH AND DEVELOPMENT
ACTIVITIES -2011
1. Preface
To regulate the research activities in the
Forest, Environment and Wildlife
Management Department of Government of
Sikkim, for the sustainable development of
natural resources of State Sikkim and to
grant the permission for Research and
Development activities or any special
activities related to development of State or
such other activities as a SINGLE
WINDOW SYSTEM, a meeting was held at
the Chamber of Chief Wildlife Warden,
Forest, Environment and Wildlife
Management, Government of Sikkim. The
house, after careful appraisal, opined that
the programmes have been implemented in
a fragmented manner by different agencies
or departments without any well-designed
plans/ methodology and reports thereafter.
Against this backdrop, the number of
recommendations were made and
formulated a set of guidelines to bring
under a single umbrella where the Director
of Forest (Research, Education and
Extension) is hereby authorized to act as a
Nodal Officer to coordinate all the research
activities including grants and issue of
necessary permit. However, the “Entry Fee”
shall be collected as per the provision of
law for the time being in force in Sikkim and
deposited at the respective entry point
sectors.
In order to assess the performance of
various ongoing projects / programmes of
development, a series of evaluation studies
shall be conducted by Research Advisory
Committee constituted with Chief Wild Life
Warden as Chairperson, Director of Forest
(Research, Education and Extension) as
Member Secretary and representatives of all
sectors (above the rank of DFO) and
research bodies under the Department of
Forest, Environment and Wildlife
Management.
These studies support the observation that
the implementation of the programme has
been effective for development and
conservation .
It is in this context that in coordination with
the different sectors an initiative has been
taken to formulate “Guidelines on Single
Window System for Research and
Development” in order to have a unified
perspective by all. The decisions of State
Government are as follows and shall come
into force with immediate effect.
(1). Applicant shall apply Research
Permission to the Head of Department/
Director of Forest (Research, Education
and Extension) in Form I appended to
this guidelines duly submitting the
declaration in Form II(A).
(2). All the research permission will be
issued in Form III by Director of Forest
(Research, Education and Extension)
provided the proposal is found feasible
under the provision of Wild Life
(Protection) Act, 1972 and Biodiversity
Act, 2002 as the case may be.
(3). Research Permission will be signed
by the head of the directorate duly
informing all the respective sectors .
(4). All the entry fee shall be collected by
the respective sectors under the
provision of law for the time being in
force in Sikkim.
(5). These guidelines are applicable to all
research activities/ proposals involving
Forest, Wildlife and Environment in
Sikkim.
2. Definitions : In these guidelines, unless the
context otherwise requires.-
(a) “Activities of R & D” means
activities of research and
development of Department of
Forest, Environment and Wildlife
Management;
(b) Any expression used in these rules
and regulations but not defined and
defined in the Act shall have the
same meaning as in the Act;
(c) “Applicant” means all researchers,
all developers of products,
manufacturing units, production
unit, or any commercial units or
any such Research and
Development activities in the State
of Sikkim;
(d) “Authority” means the authorized
person by the rules;
(e) “Beneficiary” means all
researchers, all developers of
products, manufacturing units,
production unit, or any commercial
units or any such Research and
Development activities in the State
of Sikkim;
(f) “Certificate of cultivation” means
the official document for the
certification of cultivation of forest
produces;
(g) “Cess” means a rate and levied for
some special administrative
expense;
(h) “CITES” means Convention of
International Trade in Endangered
Species;
(i) “Collection” means the collection
of forest produces or natural
resources or any specimen from its
natural habitat;
(j) “Competent authority” means the
office of the Directorate of Forest,
Research Sector of Forest,
Environment and Wildlife
Management Department;
(k) “Conditions” means the terms of
reference for the issuing of permit;
(l) “Cultivation” means the cultivation
of forest produces in forest and
private land;
(m) “DPR” means Detail Project Report
of project;
(n) “Endangered species” means the
species enlisted in the CITES;
(o) “Entry Fee” means the fee to be
charged on researcher/ any other
for entering into the Forest area/
Protected area/ Sanctuary ;
(p) “Facilities” means the support
system of department;
(q) “Foreign national” means the
person who is not citizen of India;
(r) “Form” means a form appended to
these guidelines;
(s) “IPR” means Intellectual Property
Rights;
(t) “ITC(HC)” means Classification
of Export and Import Items Book;
(u) “Necessary support” means the
facilities provided by the
department;
(v) “NRI” means Non- Residential
Indian;
(w) “Officer” means the officer of
Forest, Environment and Wildlife
Management/ Research Sector/
Research Centre;
(x) “ Protected Area” means a clearly
defined geographical space
declared by Forest Conservation
Act;
(y) “Permission” means the
authorization as per the laid
conditions to the site of forest ;
(z) “Permit fee” means fee for the
permit levy by the department;
(aa) “Permit holder” means the holder
of permit to enter the site of Forest;
(bb) “Permit” means the official
document for the entry to the
specific site/area of forest;
(cc) “Recurring expenses” means the
expenses incurred for the activities
related for research and
development of Forest including
travel, dearness allowance and such
activities which is deemed fit for
the Research and Development;
(dd) “Renewal” means the renewal of
the permit;
(ee) “Report” means the report of
research and other activities of
applicant;
(ff) "Research Advisory Committee
" means the committee which shall
monitor, evaluate and recommend
the proposal for the grant of
sanction;
(gg) “Research Centre” means the
Research Division of Department
of Forest, Environment and
Wildlife Management;
(hh) “Research and Development Fund”
means the fund of Research
Division of Department of Forest,
Environment and Wildlife
Management;
(ii) “Research Division” means the
research centre of department of
Forest, Environment and Wildlife
Management Department ;
(jj) “RET” means Rare, Endangered
and Threatened species;
(kk) “Sanctioning authority” means the
Director of Forest(Research Sector)
or authorized person of State
Government;
(ll) “Schedule rate” means the rate
prescribed by the department;
(mm) “Section” means a section of
the Biodiversity Act and
Wildlife(Protection) Act;
(nn) “Sub-section” means the sub-
section of the Biodiversity Act,
2002 or Wildlife(Protection) Act,
1972( as amended upto 2006);
3. Role of Research Directorate
Research Directorate would, inter-alia, be
responsible for:-
(a) consideration of grant of Research
permit/ renewal;
(b) seeking the Clearance for Research
studies;
(c) evaluate the mid-term appraisal
reports;
(d) supporting the process of
preparing plans for research
projects at the state and district
level;
(e) identifying resource gaps and
formulation of proposals for
research by Department or
collaborative research with
organizations;
(f) conducting studies, evaluation and
impact assessment from time to
time for improving the quality;
(g) providing technical knowledge
inputs and expertise;
(h) to keep the record/ database of all
information in this regard;
(i) to monitor, evaluate, technology
inputs and Scientific planning; and
(j) such other activities as may be
decided by the State Government.
4. Monitoring and Evaluation
(1). Monitoring
The following systems are followed at the
appropriate levels:-
(a) Quarterly Monitoring by Research
Advisory Committee (Microsoft PowerPoint
Presentation is required to be given by the
Researcher).
(b) Geographic Information System/ Web
Based On-Line Monitoring
(2) Evaluation
(a) Research team shall carry out the
evaluation in the prescribed format to
submit the report before Research Advisory
Committee.
(b) Each evaluation will include physical,
financial and social audit/audit of the work
done. The concurrent and Post-Project
evaluation would be conducted to assess the
status.
5. Manner of Notice
The information regarding the issue of Research permit shall be circulated to the concerned
authority and stakeholders.
6. Terms and Conditions for Research Permit holder
(i). Research permit holder shall liaison with concerned DFO’s before starting fieldwork for
proper coordination of field work and any assistance and inform the area DFO on
completion of field works before leaving the field.
(ii). The Research permit holder shall not be entitled to collect the endangered species/ rare
threatened species/ high valued plant except when permitted to do so by officer or
authorized authority.
(iii). The Research permit holder shall not be entitled to collect the natural seeds/ propagule
without the prior approval of State Government.
(iv). Research Permit holder shall not be entitled to patent anything related to wild diversity of
Sikkim without the approval of Government.
(v). Any action detrimental to the forest areas and wildlife is cognizable under the Sikkim
Forest Water Courses and Road Reserve (Preservation and Protection) Act,1988,
Biodiversity Act, 2002 , Wild Life (Protection) Act, 1972 and Environment (Protection) Act,
1986.
(vi). The applicant/s shall abide with all the conditions prescribed by the rules and regulations
of Central and State Government for the time being in force in the State of Sikkim.
(vii). Researcher/s team will adhere to Do’s and Don’ts in regards to the protection of
biodiversity of the region and will be energy sufficient regarding provision of cooking,
water , etc. No camp fires allowed.
(viii). Access and Benefit Sharing Mechanism is adopted as per the State Government approval.
(ix). No finding/ information related to the allowed research work shall be published without
the prior approved of the State Government /competent authority.
(x). Researcher shall declare the project / Research cost in the Application Form I at the time of
application.
(xi). All the finding /information should be submitted to the soft copy and hard copy at the
Research Sector.
(xii). The Beneficiary shall ensure that fee or any other levy according to law/ rules/ regulations
in force within the State of Sikkim, are deposited with the competent authority as per
prescribed mode and procedure.
7. Employment
(1). The activities of Research and Development shall be performed in accordance with the
State Government local employment policies.
(2). Local research scholars/ researcher shall be given preference.
(3). No contractor/ no contract labour/ no employee shall be appointed from outside the State
without the approval of State Government.
8. Social Responsibility
The Researcher/ Project Management Committee shall respect the code of profession ethic or
code of ethic of Society.
9. Mid-Term Appraisal
Mid-term appraisal report of research and Development activities shall be submitted to the
Director of Forest (Research, Education and Extension), Forest, Environment and Wildlife
Management alongwith presentation for necessary discussion.
10. Submission of Report
Every Research permit holder to whom permission has been granted shall submit the report to
Director of Forest ( Research, Education and Extension) in Form IV appended to this guideline
within 30(thirty) days after the completion of period on which Research permission was granted.
11. Renewal of Permit
Director of Forest reserves the right to cancellation of Research permit without assigning any
reason thereof.
12. Penalty
Violation of any guidelines as above shall invite penalty as per the recommendation of the
Research Advisory Committee (RAC).
13. Clearance for foreign nationals and Non-residential Indian
(1) Non-Residential Indian may obtain the clearance from the authority for the Research and
Development activities.
(2) Foreign nationals may obtain the clearance from the authority for the Research and
Development activities.
14. Clearance for Research Studies
Researcher, of foreign origin or Non Residential Indian origin, may obtain the clearance from the
Home Department of State Government.
15. Amendments from Time to Time
The Government may amend, or add, or remove any reasonable clauses of the guidelines and
also reserves right to cancel the permission without assigning any reason thereof. However, in
the said event the Government shall circulate the copy of the same.
By order and in the name of the Governor.
(S.T. Lachungpa, I.F.S)
Principal Chief Conservator of Forest-cum –Secretary
Forest, Environment and Wildlife Management Department
Government of Sikkim, Gangtok
File No: 39/ DIR/ Research/ FEWMD/2010-11
FORM I
(See Guidelines of 1(1))
Form of application for Research permit
To
The Director of Forest (Research, Education and Extension)
Department of Forest, Environment and Wildlife Management
Government of Sikkim
Gangtok
Subject:……………………………………………………………………………….
Financial Implication (cost of project): ………………………………………………
Sir
I (in block letters)……………………………………………inhabitant of………………………
……... in the police-station…………………………… . . . …. of … …………….. ………………..
organization…………….district…………………apply for a permit to undertake …………………
………….. ……. …………………….. under the ………………………… and the rules made thereunder.
I have read the Act/ Acts and the guidelines made thereunder and I undertake to abide by the same.
The permit is required for the Forest Division……………………in the district of………………
for the whole State.
Place:
Date :
Yours faithfully
(Signature of the Applicant)
On behalf of
(………………………………………)
N.B: Separate declaration is required for NRI/ Foreign National vide Form –II(A).
FORM II(A)
(See Guidelines of 1(1))
Form of declaration
To
The Director of Forest(Research, Education and Extension)
Department of Forest, Environment and Wildlife Management
Government of Sikkim
Gangtok
1. Full name and address of the person and the organization
Email:___________________________________ Sex__________
Identification mark___________________________Identification certificate____________________
Profession__________________________________
Purpose of visit_____________________________________________________________________
DPR submitted : Yes / No ________
Fee: Demand Draft Number___________________________
Obtained Clearance from Home Department, Government of Sikkim (NRI/ Foreign National)
_________________________________________________________________________
I shall abide all conditions as prescribed by the Guidelines on Single Window System for Research and
Development Activities- 2011.
I do hereby declare that the information given above is true to the best of my knowledge and belief.
Date:
Place:
Signature of the person making declaration.
Recent Photograph
OFFICE OF DIRECTORATE OF FOREST (RESEARCH, EDUCATION AND EXTENSION)
DEPARTMENT OF FOREST, ENVIRONMENT AND WILDLIFE MANAGEMENT
GOVERNMENT OF SIKKIM
DEORALI, GANGTOK FORM III (See Guidelines of 1(2))
Ref. No:…………/DIR(REE)/FEWMD/GOS/20……… Date:……………
Research Permit
With the approval of competent authority and under the provision of the Wild Life (Protection) Act, 1972;
Biodiversity Act, 2002; the rules and regulation framed thereunder, permission is hereby granted to
Shri………… ……… ………………………………… ………………………………….…………..
…..of…………………….in police station………… …… ….. district…………… …… .by
profession…………………… …………………………………..for a period
of……………………..………………from the……………………………day of
……………………..20……………… to the ……………………..day of………………………..20……..to
research / ………………………………………… as per details given.
Research Permit holder shall pay separate Entry fees and other charges ( if any) to the respective sectors.
Area where the license /
permit is applicable
Details
The permit is not transferable.
Specimen signature of the permit Director of Forest (Research, Education and Extension)
(or the authorized Officer)
Memo No…………../DIR(REE)/FEWMD/GOS/20……. Date:……..
N.B.: 1. Copy to (1). Applicant/ Organisation…………………………………
(2)……………………………………………………………
(3)……………………………………………………………
2. See term and conditions overleaf.
Terms and Conditions for Research Permit holder
(i). Research permit holder shall liaison with concerned DFO’s before starting fieldwork for
proper coordination of field work and any assistance and inform the area DFO on
completion of field works before leaving the field.
(ii). The Research permit holder shall not be entitled to collect the endangered species/ rare
threatened species/ high valued plant except when permitted to do so by officer or
authorized authority.
(iii). The Research permit holder shall not be entitled to collect the natural seeds/ propagule
without the prior approval of State Government.
(iv). Research Permit holder shall not be entitled to patent anything related to wild diversity of
Sikkim without the approval of Government.
(v). Any action detrimental to the forest areas and wildlife is cognizable under the Sikkim
Forest Water Courses and Road Reserve (Preservation and Protection) Act, 1988,
Biodiversity Act, 2002, Wild Life (Protection) Act, 1972 and Environment (Protection) Act,
1986.
(vi). The applicant/s shall abide with all the conditions prescribed by the rules and regulations
of Central and State Government for the time being in force in the State of Sikkim.
(vii). Researcher/s team will adhere to Do’s and Don’ts in regards to the protection of
biodiversity of the region and will be energy sufficient regarding provision of cooking,
water , etc. No camp fires allowed.
(viii). Access and Benefit Sharing Mechanism is adopted as per the State Government approval.
(ix). No finding/ information related to the allowed research work shall be published without
the prior consent of State Government /competent authority.
(x). Researcher shall declare the project / Research cost in the Application Form I at the time of
application.
(xi). All the finding /information should be submitted to the soft copy and hard copy at the
Research Sector.
(xii). The Beneficiary shall ensure that fee or any other levy according to law/ rules/ regulations
in force within the State of Sikkim, are deposited with the competent authority as per
prescribed mode and procedure.
(xiii). Director of Forest reserves the right cancellation of Research permit without assigning any
reason thereof.
FORM IV
(See Guidelines of 10)
Report Submission
1. Title……………………………………………………………………………………………
2. Location___________________________________________________________________
2.1 Duration____________________________________________
2.2 Date of Visit____________________________
2.3 Problem Identification/ constraints
1.
2.
3.
4.
5.
6.
7.
8.
3 Collection:______________________________________________________________________
__
4 Objective(s)
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
5. Suggestions :
5.1
5.2
5.3
5.4
5.5
6. Synopsis of the Research and Development
7. Route Detail
__________________________________________________________________________
__________________________________________________________________________
8. Enclosed Photographs________________________________________________________
Date:__________________
Place:__________________
Signature of the person submitting report
Note: Submitted Report may be published by the Research and Development Sector of Forest,
Environment and Wildlife Management Department for the records and information please.
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY GANGTOK DATE FRIDAY 08TH APRIL 2011 No. 189
GOVERNMENT OF SIKKIM HOME DEPARTMENT
GANGTOK No. 33 /Home/2011 Dated:01.04.2011
CORRIGENDUM
In the Home Department Notification No:32/Home/2011 for the
date, read “01.04.2011” instead of “31.03.2011”.
BY ORDER Sd/-
(N.D. CHINGAPA)IAS, CHIEF SECRETARY
GOVERNMENT OF SIKKIM
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY GANGTOK DATE FRIDAY 08TH APRIL 2011 No. 190
GOVERNMENT OF SIKKIM WEIGHTS & MEASURES AND CONSUMER PROTECTION
FOOD & CIVIL SUPPLIES & CONSUMER AFFAIRS DEPARTMENT PALZOR STADIUM ROAD
GANGTOK-737101
O.O. 11/WM/FCS&CA. Dated: 31.03.2011
NOTIFICATION
In exercise of the powers conferred by provision of sub-section
(3) of section 16 of the Consumer Protection Act, 1986, the State
Government on the recommendation of the Selection Committee
constituted for the purpose hereby re-appoints Shri. D.T. Bhutia as a
member of the Sikkim State Consumer Disputes Redressal
Commission from 19.04.2011 for another term of five years or upto
the age 67 years whichever is earlier.
(Nalini G. Pradhan), IAS Secretary
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY GANGTOK DATE FRIDAY 15TH APRIL 2011 No. 191
GOVERNMENT OF SIKKIM MOTOR VEHICLE DIVISION TRANSPORT DEPARTMENT
GANGTOK – 737101 No.152MV/T Dated:06/04/2011
NOTIFICATION
Whereas the draft of the Sikkim Motor Vehicles (Amendment) Rules, 2010 was published as required by sub-section (1) of section 212 of the Motor vehicles Act, 1988 (59 of 1988) in the Sikkim Government Gazette, Extraordinary No. 710 dated: 31st December, 2010 under the Notification of the Government of Sikkim in the Motor Vehicles Division, Transport Department No. 136/MV/T dated: 27/11/2010 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of 45 (forty five) days from the date on which the copies of the said notification as published in the Sikkim Government Gazette were made available to the public;
And whereas, no objections and suggestions were received on the said draft amendment rules;
Now, therefore, in exercise of powers conferred by sections 28,38,65,95,96,107,111,138 and 176 of the said Act, the State Government hereby makes the following rules, further to amend the Sikkim Motor Vehicles Rules, 1991, namely: - Short title, extent and commencement.
1. (1) These rules may be called the Sikkim Motor Vehicles (Amendment) Rules, 2011.
(2) They shall extend to the whole of Sikkim. (3) They shall come into force on date of their publication in the Official Gazette.
Amendment of rule224
2. In the Sikkim Motor Vehicles Rules, 1991, in rule 224, for the existing sub-rule (1), the following shall be substituted, namely: -
“ (1) The colour of the vehicle will remain the same as per the
purchase document, but shall paint the vehicles in the following manner, namely: -
(a) Maruti Omni Vans – Both the front doors of the vehicle shall have a circle consisting of 24 cm diameter with yellow in the middle having diameter of 17 cm bordered with green consisting of 3.5 cm. width.
(b) Contract Carriages /Cars – The bonnet of the vehicles shall be painted with a circle consisting of 35 cm diameter with yellow in the middle having diameter of 20 cm bordered with green consisting of 5 cm width.”
Sd/-
(K.T. Chankapa) Secretary
Transport Department.
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY GANGTOK DATE FRIDAY 15TH APRIL 2011 No. 192
GOVERNMENT OF SIKKIM HOME DEPARTMENT
GANGTOK No.34 /Home/2011 Dated:11.04.2011
N O T I F I C A T I O N
In exercise of the powers conferred by sub-section (5) read with sub-section (1) of section 82 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in that behalf, the State Government, on the recommendation of the Selection Committee constituted under section 85 of the said Act, vide Notification No. GOS/E&P/27/1020/1684/Adm dated 29/06/2010, hereby appoints Shri T.T. Dorji, as the Chairperson of the Sikkim State Electricity Regulatory Commission(SSERC) with immediate effect under the following terms and conditions, namely :- (1). The Chairperson shall hold the office for the period of five years from the date he assumes charge or till he attains the age of sixty five years (65) whichever is earlier. (2). He shall draw pay of Rs. 80,000.00/- p.m plus other admissible allowances.
Sd/-
(N.D. CHINGAPA)IAS,
CHIEF SECRETARY,
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY GANGTOK DATE SATURDAY 16TH APRIL 2011 No. 193
GOVERNMENT OF SIKKIM URBAN DEVELOPMENT AND HOUSING DEPARTMENT
GANGTOK
No. GOS/UD&HD/ 6(376)08/ 9899 Dated:16/ 04/ 2011.
NOTIFICATION
In exercise of the powers conferred by section 8 of the Sikkim (Repeal and Miscellaneous
Provisions) Act, 1985 (10 of 1985) and in supersession of Notification No.186 dated 23.12.1985, the
State Government hereby makes the following rules for issue, control and regulation of trade licences in
the State of Sikkim, namely:-
Short title extent 1. These rules may be called the Sikkim Trade License and Miscellaneous and Provision Rules, 2011 commencement. (2) They shall extend to the whole of Sikkim. (3) They shall come into force at once.
PART II
Definitions. 2. (1) In these rules, unless there is anything repugnant in the subject or context:
(a) “Act” means Sikkim (Repeal and Miscellaneous Provisions) Act, 1985; (b) Annexure: - means annexure appended to these rules;
(c) “Biodegradable garbage” means the wastes or garbage as defined in clause (a) of section 2(a) of the Sikkim Non-biodegradable Garbage (Control) Act, 1997;
(d) “Brand” means and includes any item/ business which is the
product of a particular firm or producer (namely: ADDIDAS, TITAN, MARUTI, VLCC etc)
(e) “Building” includes a house, out house, lodging house, stable, privy, urinal, shed, hut, wall (other than a boundary wall, not exceeding 3.05 meters in height), balcony, chajja, sun shed, stair case and any other such structure, whether of masonry, bricks, wood, mud, metal or any other materials, whatsoever but does not include temporary shed erected on religious or ceremonial or festive occasions;
(f) “Competent authority” means the Secretary, Urban Development and Housing Department or any other Officer of the Urban Development and Housing Department authorized by him;
(g) “Dangerous disease” means;- (i) Cholera, plague, small-pox. cerebra-spinal meningitis and
diphtheria; and (ii) any other disease which the State Government may, by
notification declare to be dangerous disease for all or any of the purpose of this Act;
(h) “Department” means Department of Urban Development and Housing Department;
(i) “drug” means any substance used as medicine or in the composition or
preparation of medicines, whether for internal or external use but does not include a drug within the meaning of clause(b) of section 3 of the Drugs and Cosmetics Act, 1940;
(j) “fine” means a sum of rupees to be paid by the offender as prescribed
under the rule;
(k) “food” includes every article used for food or drink by man other than drug or water and any article which ordinarily enters into or is used in the composition or preparation of human food, and also includes confectionery, flavouring and colouring matters and spices and condiments;
(l) “Form” means a form appended to these rules;
(m) “grocery” means food grains, spices and other edible items for
consumption;
(n) “hawker” means any person selling items door to door or moving from one place to other within the notified town, bazaars and rural marketing centers.
(o) “hotel” means any premises, establishment, lodges, resorts, home stay,
dhabas, tents, inn, snack bars, restaurants and bar, café, village tourism, etc where lodging with or without board or other services like facilities for convention/ conference each provided for a monetary consideration;
(p) “local” means a person holding a Sikkim Subject or Certificate of
Identification;
(q) “residential certificate” means the residential certificate issued to the person residing in Sikkim prior to 1975 by the Land Revenue and Disaster Management Department, Government of Sikkim;
(r) “lodging house” means a house in which tourists or other persons are
harboured or lodged for hire or reward for a single night or for some other short period and where there is ordinarily a community eating or sleeping accommodation;
(s) “manihari” means all other house hold goods (in small quantity)
excluding grocery;
(t) “market” includes a slaughter house or any place where persons assemble for the sale and purchase of any living thing, food or any articles of food;
(u) “Non-biodegradable garbage” means the garbage as defined under
clause (e) of section 8 of the Sikkim Non-biodegradable Garbage (Control) Act, 1997;
(v) “Notification” means a notification published in the Official Gazette;
(w) “premises” includes lands, buildings, vehicles, tents, vans, structure of
any kind, stream, lakes, drains, ditches or places open, covered or enclosed, whether built on or not and whether public or private, and whether natural or artificial and whether maintained or not under statutory authority;
(x) “seasonal item” means the agriculture products available for sale in different seasons of the year;
(y) “Secretary” means the Secretary to the Government of Sikkim in the
Urban Development and Housing Department;
(z) “sublet” means leasing the licence by the licencee to a third party and include running of any commercial establishment by a person other than the licencee or his family member;
(aa) “trade” means any economic or business activity with or
without the purpose of making profit.
2. Words and expressions used in these rules and not defined in the rules but
defined in the Act shall have the same meaning respectively assigned to them
in the Act.
PART III Requirement 3. (1) No person shall impart education, skills or any other training on medical of a trade/ or legal or any other practice on any discipline like accountancy, architecture hawker licence. etc for profit making and manufacture, store, sell exhibit for sale, use any place for the purpose of trade of any goods or commodity or operate /run
business of banking, insurance company, non – banking financial institution as enumerated in Schedule I, Schedule II or Schedule III, as the case may be, except under a licence issued under these rules.
(2) The licensee after obtaining licence from any other Departments should obtain trade licence from Urban Development and Housing Department for carrying on any trade and business.
Authority to 4 The authority to issue licences in Form III, Form IV, Form V, as the case issue a licence may be, shall be the Secretary or any other Officer of the Urban Development and Housing Department/any other Government Officer/ Local Bodies authorized by him in his behalf.
Procedure and 5 (1) Every person who desires a license under these rules shall make an eligibility for application in Form No. I and Form II, as the case may be, to be obtained obtaining trade/ from the Urban Development and Housing Department/other authorized hawker Licence Department/Local Bodies on production of Bank Receipt of Rs.50/- deposited under Head oo45-80-01-other taxes and duties, trade license fee or any other Head which may be assigned for this purpose
from time to time.
(2) Every person making an application for a licence shall submit 4 (four) passport size photographs along with the application Form.
(3) Every person applying for licence shall comply with the provisions of
these rules and shall also abide by the conditions as laid down in Form Nos. I and II as the case may be.
(4) Outside the Bazaar area, licence may be issued giving preference to
local inhabitants. EXPLANATION For the purpose of these rules, inhabitant’ means inhabitants settled in the locality prior to 1961.
(5) The licensee shall not engage any other person except the members of his family to run the business.
(6) The trade licence for business/manufacture where sufficient parking
storage is required shall not be issued unless the applicant has sufficient parking space and storage facilities of his own.
(7) The licencees or proprietors of the registered industries, companies and business enterprises shall employ local residents of the State and, in cases where none are available locally to work at the prescribed wages; only those, whose antecedents have been verified through the Sikkim Police and registered with the Labour Department shall be employed.
(8) No person shall be issued license under these rules, if the application
for a license is for manufacture, storage or sale of any article of food, unless the person first obtains necessary license from the licensing authority appointed under the Sikkim Prevention of Food Adulteration Rules, 1991.
(9) No person shall be issued license under these rules, if the application
for a license is for running a Nursing Home, Medical and Dental Clinic, Optical Center, Pathology laboratory, Diagnostic Laboratory, X-ray Laboratory and allied Laboratories, unless the person first obtains necessary license from the Licensing Authority, Drugs Cell, Clinical and Establishment Cell of the Health Care, Human Service and Family Welfare Department.
(10) No person/ Company shall be issued license under these rules, if the
application for a license is for running a business of of banking, insurance company, non – banking & financial institution unless the person/ Company first obtains necessary license from the Reserve
Bank of India, Foreign Exchange and Regulatory Authority, Insurance Regulatory and Development Authority and enlistment of Company from Law Department, Government of Sikkim.
(11) No person shall be issued license under these rules, if the application
for a license is for running a private school and tutorial institution within the State unless the person first obtains necessary Certificate of registration of Schools, tutorial institutions issued by the Registering Authority of Human Resource and Development Department.
(12) No person shall be issued license under these rules, if the application
for a licence is for Cyber Café unless the person first obtains No Objection Certificate from the Crime Branch, Sikkim Police.
(13) No person shall be issued license under these rules, if the application for F.M/ Radio Services unless the person first obtains No Objection Certificate from the Ministry of Information and Broadcasting, Government of India.
(14) No person shall be issued license under these rules, if the application is for Brand items unless the person produces Agreement/ Franchise drawn/ obtained from the concerned Company and the party.
(15) No person shall be issued license under these rules, if the application is
for vehicle parking for commercial purpose unless the person maintains proper security, first aid, toilet, drinking water facilities and install fire fighting equipments.
(16) No person shall be issued license under these rules, if the application is
for petrol pump unless the person produces licence from the Indian Oil Corporation.
(17) No person shall be issued license under these rules, if the application is
for sale of cigarette or any tobacco product unless proposed premises is outside the radius of one hundred yards of any educational institution.
(18) License fee shall be charged as prescribed in the respective Schedule. (19) Every person applying for trade license should have attained the age of
18 (eighteen) years on the date of application for the trade license. For the purpose of ascertaining the date of birth, any of the following documents should be furnished, namely:- (i) School Certificate showing the date of birth. (ii) Birth Certificate issued by the Registrar of Birth and Death or appropriate authority as notified by the Government from time to time.
Inspection of 6. (1) In case the application for a license is for manufacture, storage or sale Premises before of any one of the articles of food, the authority having power to grant
issue of licence such a licence shall inspect the premises and satisfy himself that premises is free from sanitary defects and feasible for the above purpose.
(2) In case the application for a license is for automobile and two wheeler workshop, grill-fabrication and scrap, the authority having power to grant such a licence shall inspect the premises and satisfy himself that premises is 100m away from the centre of the road, is not in the main market area, which does not disturb the traffic and have the sufficient space and is free from sanitary defects.
(3) In case the application for a license is for hotel with lodging, home
stay, resort, lodges, the authority having power to grant such a licence shall inspect the premises and satisfy himself that premises has a sufficient parking space, is free from sanitary defects and feasible for the above purpose.
(4) In case the application for a license is for Nursing Home, Medical and
Dental Clinic, Optical Center, Pathology Laboratory and other investigative Laboratory, inspection of the premises shall first be carried out by the Licensing Authority, Drugs Cells, and Clinical and Establishment Cell of the Health Care, Human Service and Family Welfare Department to certify that the premises fulfill the minimum standard required.
Issue of trade 7. (1) On receipt of an application and subject to the provision of these rules:- licence (a) a trade license may be issued in Form III in respect of items
enumerated in Schedule I;
(b) a trade licence may be issued in Form IV in respect of seasonal items enumerated in Schedule III;
(c) every application made under rule 5 shall be disposed off
within a period of one month from the date of receipt of application, unless, reasons to be recorded for delay of proceeding.
(2) The application for trade license should be accompanied by the following documents, namely:-
(a) No Objection Certificate from the House Owner in the
prescribed Form X where the business is intended to run;
(b) Occupancy Certificate issued by the Town Planning Cell, Urban Development and Housing Department of the building/house where the trade is intended to be run;
(c) Sikkim Subject Certificate/Certificate of Identification/Citizenship Certificate issued under provisions of Sikkim (Citizenship) Order 1975 as amended vide Sikkim (Citizenship) Amendment Order 1989, Mutation Certificate or Parcha Khatiyan within the State.
(d) Residential Status Certificate
(e) Recommendation of the Member of Legislative Assembly of the Constituency
(f) Recommendation of Councillor where the business is intended
to be run in Form VII.
(g) Clearance of the Forest Department if the business proposed is for sale of or manufacture of forest products.
(h) Under taking of the applicant in Form VIII .
(3) Notwithstanding anything contained above, the licenses to the local
applicants for rural areas shall be issued on submission of the following documents, namely:-
(a) Sikkim Subject Certificate of the applicant or Certificate
of Identification of the applicant
(b) The Purcha Khatiyan of the landed property recorded in the name of applicant in rural area.
(c) Recommendation of the Member of Legislative Assembly of the
Constituency where the business is intended to be run.
(d) Recommendation of the Gram Panchayat in Form VI..
(e) Undertaking of the applicant in Form VIII. (4) Issue of trade license to Private Companies will be subject to submission of
Certificate of Enlistment under Registration of Companies Act, Sikkim 1961 issued by the Law Department.
Issue of 1) On receipt of an application in Form II - Hawker Licence 8. (i) A Hawker license may be issued in Form V in respect of items enumerated in Schedule II.
(ii) No person shall be issued hawker license under these rules if the
application for a license is for sale of any article of food, unless the
person first obtains necessary license from the licensing authority appointed under the Sikkim Prevention Food Adulteration Rules, 1991.
(iii) Every application made under Rule 8 (i) shall be disposed off within a period of one month from the date of receipt of application, unless, reasons to be recorded for delay of proceeding.
2) The application for hawker license should be accompanied by the following documents, namely:-
(a) Sikkim Subject Certificate/Certificate of
Identification/Citizenship Certificate issued under provisions of Sikkim (Citizenship) Order 1975 as amended vide Sikkim (Citizenship) Amendment Order 1989
(b) Recommendation of the Member of Legislative Assembly of
the Constituency
(c) Recommendation of Gram Panchayat/ Councilor where the business is intended to be run in Form VI or VII as the case maybe.
(d) Under taking of the applicant in Form IX .
Conditions 9. (i) A Hawker license shall not be issued for more than four for running bazaars. a Hawker ii) Issue of Hawker license shalll be subject to the availability business of space in a particular bazaar.
(iii) A licensee shall confine its trade within the specified
market area.
(iv) A licensee shall not occupy more than the space earmarked by the Department for exposing his goods for sale.
(v) A licensee shall not raise any structure for exposing his goods
for sale.
(vi) The licensee shall not engage any person except member of his family to hawk his business.
Validity of 10. (1) A trade license issued under these rules unless suspended or cancelled Licence. earlier shall be in force for a period of five years for towns/ bazaar areas and two years for rural area.
(2) A hawker license issued under these rules unless suspended or
cancelled earlier shall be in force only till the end of the financial year during which it is issued.
Licence fee 11. The annual fee in respect of a trade license or hawker licence for trade in the items enumerated in Schedule I, Schedule II or III shall be such as specified against each item enumerated in the respective Schedule:
Provided that such fee is subject to revision by the State Government every five years from the date of previous revision or as and when necessitated.
Conditions 12 (1) (a) The licensee shall surrender the trade/hawker license in original for for renewal renewal. of licence (b) The licensee shall deposit the prescribed annual fee to be paid for renewal of licence.
(c) The licensee shall clear the toll tax payable to the Bazaar Contractor, Shop room rent and the ground rent payable to the Urban Development and Housing Department and sanitation fee.
(d) The licencee shall submit the No Objection Certificate of the house owner,
(e) The license should be renewed within 45 days from 1st April of a year or within the notified date of renewal, whichever is earlier.
(2) An application for renewal of a license shall be made before the expiry of validity of license and the licence submitted after the period of 3 (three) years in case of trade license and 2 (two) years for hawker license from the date of validity shall not be renewed at all and shall be cancelled automatically
Provided that any application for renewal of a license submitted after the period prescribed in these rules shall be accompanied by a late fee of Rs.5/- for every day of delay.
Cancellation 13. (1) A license, issued under the provision of these rules shall be cancelled :- of licence (a) if the licensee fails to abide by the conditions laid down in the license and if the licencee fails to renew license for a consecutive period of 3(three) years or two years from the date of its last validity as the case may be;
(b) if the business premises, manufacturing units, Clinics, Nursing Homes, Laboratories has been shifted without the approval of the Government;
(c) if the licensee carries on or permits to be carried on, any other trade in
the licensed premises, except the trade mentioned in the licence;
(d) if it becomes evident that the running of the trade has created a public nuisance and polluted the vicinity;
(e) if it becomes evident that the information submitted in Form I, Form
II is a misrepresentation of fact;
(f) if it is found that the trade/ hawker license has been sublet;
(g) if it is found that licensee is carrying on his business in an unapproved building;
(h) if it is found that licensee is not carrying on trade/operation or keeping
articles of food, in accordance with the Central rules or the State rules framed in exercise of the powers conferred by the Prevention of Food Adulteration Act, 1954 (Central Act 37of 1954);
(i) if the licensee dies before expiry of the date of validity of the license;
(j) if the legal heir of licensee fails to produce the documentary proof or succession certificate from the Competent Court and other required documents under rules;
(k) if it is found that the licencee is not issuing cash memo to the
consumer for sale of commodities;
(l) if the licensee is found to be in unlawful possession or under his control of any explosive substance of a nature likely to endanger life or to cause serious injury to the property;
EXPLANATION: Explosive substance shall be deemed to include any material for making any explosive substance, any apparatus, machine, implement or materials used, or intended to be used or adopted for causing, aiding in causing, any explosion in or with any explosive substance, or, any part of such apparatus, machine or implement and also as defined in the Arms Act.
(m) if the licensee is found running illegal business and/ or other
prohibited business under the law;
(n) if the licensee has been declared an insolvent by a Court of Law and has not been discharged.
(o) if it is found that the licensee is charging rates of non-essential
commodities beyond reasonable limits; Explanation: For the purpose of these rules reasonable limits means those rates which are higher than the rate which otherwise is chargeable after taking into consideration all the factors in determining the rates.
(2) No order of cancellation shall be made unless the licensee has been given opportunity of making representation
Refusal to 14 (1) The competent authority may refuse to grant a license for any trade or grant business under these rules if he/ she is convicted of any offence under any licence law providing for licence prevention of hoarding, smuggling or profiteering or adulteration of food or drug under Chapter XIII and XIV of the Indian Penal Code, 1860 and that three years have not been elapsed since the expiry of any sentence imposed upon him/her.
(2) No application for the grant of licence shall be refused or cancelled unless, the person applying for issue of licence/ grant of license is to be cancelled has been afforded a reasonable opportunity of being heard by giving notice.
PART IV
Duplicate 15 (1) The authority empowered to issue a licence may, for sufficient reasons, issue licence a duplicate t rade license on payment of Rs.500/- (Rupees five hundred) due to loss and Rs.300 (Rupees Three Hundred) due to natural
calamities and issue hawker licence on payment of Rs.200/- due to loss and Rs.100 (Rupees One Hundred) due to natural calamities with the word “Duplicate”appearing prominently therein.
(2) Documents to be submitted for issue of duplicate Licenses are :- (a) Copy of FIR lodged in the nearest Police Station. (b) NOC from house owner.
(c) A copy of authentication from the Competent Authority. if the licence is lost/damaged due to natural calamity, fire accident etc.
(d) Verification report of the business premises by the authorized official of the Department:
Provided that the F.I.R. shall be lodged within one month of the loss of the Trade Licence.
(3) The duplicate Licence shall be issued only twice on valid ground as specified above. No duplicate licence shall be issued if the licensee is found to have obtained 2(two) duplicate licences from the Department.
Restriction in 16. (1) No bread-stuff, cake, sweetmeat, confectionary or any other articles of food keeping breadstuff, intended or commonly used for human consumption without further etc .otherwise than preparation by cooking shall be sold, exposed, kept, hawked about or stored in cover receptacles for sale unless they be kept properly covered or otherwise guarded in a proper and restriction manner so that they shall be protected from dust, dirt, and flies. manufacturing/ storing within bazaar area/ (2) No manufacturing activity like furniture item, grill fabrication, motor/ or on road reserve . two wheeler garage and dynamo repairing shall be allowed within the bazaar/ road reserve area.
(3). No trade license holder shall use the road reserve of any road for storing the materials for trade/business.
Power to close 17 The Government may, for a specified time, with a view to preventing the shop or spread of any dangerous disease, order that any market, hotel and lodging market in case house in a market area shall be closed, or forbid any person to under any such of dangerous market, to lodge in such lodging or in such hotel. disease. License and 18 The State Government or any person authorized by it may require every control of mela person intending to establish a fair or a mela in any market to apply for a license and such license may be granted on payment of a fee as specified in Schedule I.
Restriction of 19 No person shall sell or expose for sale; sale of diseased (a) any living thing intended for food; or animal or whole some articles (b) any other article of food or drug intended to be used for human some intended consumption, which is diseased, unsound, or unfit for consumption. for human consumption
Power to inspect 20 (1) The Secretary or any officer of Urban Development and Housing Department places where food /other authorised Department/ Local bodies not below the rank of Under etc. intended for Secretary business or equivalent may:- human (a) at all reasonable time enter into and inspect any place in which any consumption is living things, food or any article of food or any drug is deposited for stored the purpose of sale or consumption;
(b) inspect and examine any living thing, food or any other article of food
or any drug intended for human consumption which is being hawked about for sale;
(c) inspect the premises without any search warrant from the Magistrate or court of law;
(d) enter, inspect and seize in the premises, if the complaint is received in writing for involvement of any offence defined under these rules without search warrant.
PART– VI
Power of Seizure 21 (1) Whosoever commits any offence by contravening or failing to comply and impose fine with any provision of the Act or of these rules or any direction lawfully given to him or any requisition lawfully made upon him under the provision of the Act or under these rules, shall be punished with fine which may extend to Rs.20,000/-
(2) If a shop or any kind of institution is opened and business is carried
out without obtaining a valid trade license issued by the licensing authority the shop shall be closed forthwith duly imposing the prescribed fine under sub-rule(1).
(3) Any Officer not below rank of Under Secretary or equivalent shall
have the power to impose fine and seal the shop on the spot as per sub rules (1) and (2) above.
Safe Custody of 22 After the seizure of the seized articles, it shall be kept in safe custody of the of the Seized authority empowered to issue licence hereinafter referred to as the Licensing Article(s) Authority or may be forwarded to the police for the next course of action as the case may be:
Provided that if no application is presented, claiming the rightful
ownership of the seized article within forty five (45) days from the date of
seizure, the ownership of such article shall vest with the Government. The
Licensing Authority shall have the power for public auction of such seized
articles and the revenue so collected shall be credited in the exchequer of the
Government.
Supply of Seizure 23 After the seizure, a copy of the seizure memo shall be supplied to the licencee
Memo. from whom the article was seized in Form XI.
Procedure for 24 The Licensing Authority may issue summons and show cause notice to the proceeding. offender by giving at least fifteen days time to file their show cause and thereafter, the Licensing Authority will hear the matter in person and shall pass an order accordingly of his finding. The summon and show cause shall be issued by way of registered post service or by way of service personally with acknowledgement of the Receipt through the authorized person of the Licensing Authority.
Provided that no order shall be passed without giving an opportunity of being
heard and in the default of the appearance of the offender, the Licensing Authority
may pass ex-parte order against the offender.
Appeal. 25 (1) An appeal against the order of the licensing authority refusing to issue a licence canceling license, revoking a license, sha1l within a period of 30 days lie with Appellate Authority to be appointed by the State Government by notification:
Provided that an appeal filed after the expiry of the said period of 30(thirty) days may be entertained if the appellant satisfies that he was prevented by sufficient cause from not filing the appeal in time.
Stay of enforce- 26 Where an appeal is preferred from an order of the licensing authority issuing ment of order a licence the appellate authority may stay the enforcement of that order for
such period and on such condition as he deemed fit.
Time and place 27 On receipt of the application for appeal the appellate authority shall appoint for hearing time and place for hearing the appeal and shall give notice thereof to the appeal appellant and dispose of the appeal as per these rules.
Procedure in 28 An appeal preferred under these rules shall be in writing, shall set forth appeal concisely the grounds of objection to the order appealed against, and shall be accompanied by a copy of order.
Disposal of 29 Every appeal shall be disposed of by the appellate authority as expeditiously appeal as possible.
Finality of 30 Every order made by the appellate authority shall be final and shall not be orders questioned in any court of law.
Power and procedure 31 (1) The Licensing Authority and the Appellate Authority shall have the power of of the authority a Civil Court under the Court of Civil Procedure 1908 (5 of 1908) in and the Appellate respect of the following matter, namely:- Authority (i) summoning and enforcing of attendance of the complainant and as required in connection therewith;
(ii) compelling the production of any document;
(iii). examining witness on oath; and
(2) The Licensing Authority or any other person authorized by him on this
behalf not below the rank of Under Secretary to inspect at all reasonable times
the premises. The Licensing Authority may or may not inform the licencee of
the programme of such inspection.
PART - VII
Miscellaneous:
Disposal of mad 32 (1) The State Government may, authorize any person to destroy or cause and stray dogs to be destroyed or confine, or cause to be confined, for such period as and animals the State Government may direct, any dog suffering from any loathsome disease or from rabies, or bitten by any dog or other animal suffering or suspected to he suffering from rabies.
(2) No damage shall be payable by the Government or by any person
authorized under these rules in respect of any dog or stray animal confined, destroyed or otherwise disposed of under these rules.
Classification 33 For the purpose of determining the rates of trade license fee, the bazaars in of of Bazaar Sikkim shall be classified in Schedule IV]
By order
Sd/-
(TOBJOR DORJI)
COMMISSIONER – CUM – SECRETARY
URBAN DEVELOPMENT AND HOUSING DEPARTMENT
Memo No…………………/UD&HD/………………, Dated:………./………/2011.
Copy to:
01. Principal Secretary to Hon’ble Chief Minister
02. Secretary, Finance, Revenue & Expenditure Department
03. Secretary, Information & Public Relation Department
04. Secretary, Rural Management and Development Department
05. District Collectors (East/West/North/South)
06. Chief Municipal Officer, Gangtok Municipal Corporation
07. Joint Secretary (Home Department ) for publication in the Gazette
08. Joint Secretary (South/West) Urban Development & Housing Department
09. Pr.PS to Chief Secretary
10. Deputy Municipal Officer, Namchi Municipal Council
11. PS to Hon’ble Minister, Urban Development & Housing Department
12. File copy
13. Guard copy
Joint Secretary to the Govt. of Sikkim
FORM NO. 1
(see rule 5) GOVERNMENT OF SIKKIM
URBAN DEVELOPMENT AND HOUSING DEPARTMENT GANGTOK SIKKIM
To The Secretary, Urban Development and Housing Department, Government of Sikkim, Gangtok. Sir, I/ We on behalf of M/s …………………………………………… request you to grant licence to carry on trade or to keep the articles stated below at the premises situated at ………………………………District…………………for the year ……….. The details are as under:- 1. Name of Applicant/ Applicants (Block Letter):
2. Name of Firm/ Company/ Society with registration no. (i) Name of the Managing Director/ Director/ President (In case t: 3. Age of the applicant/applicants: 4. Father’s/Husband’s name: 5. Residential address: (Permanent) …………………………
…………………………
…………………………… Post Office/ Police Station/ District (Mention House No, Street/Road/Locality)
6. (Present Address) …………………………
…………………………
…………………………… Post Office/ Police Station/ District ( Mention House No, Street/Road/Locality)
7 Purpose for which licence is required (Fill against the relevant column of business
with details of items) (a) Manufacture : ………………………………………………………. (b) Sale: …………………………………………………………………..
A passport size photograph to affix
here
(c) Supply: ……………………………………………………………….. (d) Educational / Vocational Institute: …………………………………… (e) Hotel: ………………………………………………………………… (f) Others: ……………………………………………………………….. (Give details) 7. Description of the premises where the manufacture/ trade etc is proposed to be
carried out: a) Name of the house owner: …………………………………………..
(b) House No: ……………………………………………………………
b) Street/Road/Locality: ………………………………………………..
c) Post Office /Police Station: …………………………………………
d) District: ………………………………………………………………
8. Address of godown/ warehouse where the articles are to be stored 9. If Hotel business - give details (i) No of rooms ………………………………
(ii) Whether parking facility available ………………………………
(iii) Whether restaurant available ……………………………………
(iv) Whether tours & travel available, etc ……………………………
10. If franchises give the details of parent Company along with documents ……………………………………………..
11. If Educational Institute/ Tutorial whether registered with HRDD along with
registration No ……………………………………………………..
UNDERTAKING
a) I am not employed in any Government organization. b) I abide that the license shall be exhibited in a conspicuous place and shall be
produced or verification by the Government in this behalf as any when demanded: b) That in case of contravention of any of the aforementioned and any provisions
of the Rules, the Government may cancel the licence;
c) I abide by all the conditions laid down in the licence. That all the information given are true to my knowledge and belief.
Yours faithfully, Dated………………… Signature
DOCUMENTS SUBMITTED 1. SSC/ COI/ Landed Parcha/ Residential Certificate 2. Occupancy Certificate 3. Recommendation of Panchayat/ Counicillor 4. No Objection Certificate of House Owner 5. For firm/ Company/ Society : Registration Certificate, Memorandum of Article 6. PFA Licence, Health Care, Human Service and Family Welfare 7. NOC Animal Husbandry 8. NOC Fire & Emergency Service 9. NOC from Crime Branch (for Cyber Café) 10. NOC from Traffic Police 11. Any other
FORM NO.II (See rule5 and 8)
To
The Secretary, Urban Development & Housing Department, Government of Sikkim, Gangtok.
Location………………… District……………………….
Sir,
I, Mr/Mrs/Miss………………………………………………request you to
grant hawker license for the following items stated below from door to door or on
haat days of following bazaars for the year………………………………………...
1. Name of applicant (in block letters)……………………………………….
2. Father’s/Husband’s name…………………………………………………
3. Age of the applicant……………………………………………………….
4. Permanent Residential Address ...............................................................
(a) House No…………………………………………………………..
(b) Street/Road/Locality…………………………………………….
(c) Post Office./Police Station……………………………………..
(d) District………………………………………………………….
5. Present Residential Address ...............................................................
(a) House No…………………………………………………………..
(b) Street/Road/Locality…………………………………………….
(c) Post Office./Police Station……………………………………..
(d) District…………………………………………………………
6 Items requested for: 1. 2. 3.
Passport size Photograph
7. Name of Bazaars where the applicant proposed to hawk his/her business
1. 2. 3. 4.
UNDERTAKING
a) I am not employed in any Government organization. b) I abide that the license shall be exhibited in a conspicuous place and shall be
produced or verification by the Government in this behalf as any when demanded:
c) That in case of contravention of any of the aforementioned and any provisions
of the Rules, the Government may cancel the licence; d) I abide by all the conditions laid down in the licence. That all the information
given are true to my knowledge and belief.
Yours faithfully,
Dated…………… Signature.
DOCUMENTS SUBMITTED 1. SSC/ COI/ Landed Parcha 2. Recommendation of Panchayat/ Counicillor 3. PFA Licence, Health Care, Human Service and Family Welfare 4. NOC Animal Husbandry 5. Any other
FORM NO. III (See rule 4 and 7)(1) (a)
GOVERNMENT OF SIKKIM URBAN DEVELOPMENT AND HOUSING DEPARTMENT
GANGTOK SIKKIM TRADE LICENSE License No………/ File No…………………................Dated………………… Shri/ Smt/ Sushri …………………………………
S/o D/o W/o .. …………………………………..
R/o …………………………………………….
District………………………………………… Is hereby permitted to carry on trade on the articles/items mentioned below subject to the terms and conditions stipulated hereinafter for the period w.e.f ……………… to ………………. You shall run trade in the building/house/ premises of Shri/ Smt……………………………………………… bearing Census house No…………………………………. located at ……………………………. Disrtict.………………………………………Police Station…………………………. SL. NO. NAME OF ARTICLES OF TRADE LICENSE FEE AMOUNT 1 2 3 4 5 6 7 8 9 10 11 12 -----------------------------------------------------------------------------------------------
A passport size photograph to affix
here
Total items………. Total Amount………
A sum of Rs…………………………….. (Rupees…………………………………………………………) only has been received vide BR.No/ Challan No………………………………dated ……….. as license fee .
Signature of Licensing Authority
(Seal) NOTE: THIS TRADE LICENCE IS NON- TRANSFERABLE AND ITS LOSS MUST BE REPORTED IMMEDIATELY TO THE POLICE AND ISSUING AUTHORITY.
Sl No
Deleted Item Additional Item Amount
File No & Date Signature & Seal
TERMS AND CONDITIONS OF TRADE LICENSE 1. That you shall not contravene any of the provisions of the Sikkirn (Repeal and
Miscellaneous) Provisions Act, 1985 and rules made there under;
2. That you shall abide by all instructions given by the Department from time to time; 3. That you shall display the original license in your place of business in a
conspicuous manner and shall produce it for verification by the Departmental Officer as and when demanded;
4. That you shall not carry any other trade in the premises except the trade
mentioned in the licence; 5. That you shall not carry any trade or manufacture in an unapproved
building/premises. 6. That you shall not sublet the licence to any other person. If a person other
than the licencee or his dependant is found on three Departmental surprise inspections, the intervening periods between the inspections being not less than two months, to be running the business it shall he presumed that the licence has been sublet and unless the licence holder proves that the person is an employee of the former with documentary evidence, the trade licence shall be cancelled within month from the date of detection of subletting during which the person running the business shall dispose of the items of’ trade in the shop for closure;
7. That you shall allow any Officer of the Urban Development and Housing
Department authorized by the authority empowered to issue licence to enter into any premises where manufacture and or sale of commodities is carried on;
8. That you shall produce your original copy of licence whenever required to do
so by any Officer of the Department; 9. That you shall display a board specifying trade license No., name of the
Proprietor, and Firm registration, if any; 10. That you shall issue a valid cash memo to the consumer for the sale of any
item/commodity; 11. That you shall not display your goods/commodities on public thoroughfares; 12. That you shall keep the premises neat and clean and free from any sanitary defect; 13. That you shall maintain two empty bins for the disposal of bio-degradable and
non-biodegradable waste products as per the provision of the Sikkim Non-biodegradable Garbage (Control) Act, 1997. In case the licence is for a
clinical purpose a separate bin shall be maintained for disposal of bio-medical clinical waste;
14. That you shall pay toll tax as assessed in the Bazaar Contract Licence Agreement; 15. That you shall not sell any adulterated commodity as defined in the Prevention
of Food Adulteration Act, 1954; 16. That, in case of licence for sale of cigarette or any tobacco products, you shall
not sell cigarette or any tobacco to any person under 18 years of age and in an area within a radius of one hundred yards of any educational institution;
17. That in case of licence for hotel, guest house, lodge/resort you shall display a board specifying the category of rooms and tariff in the reception counter; 18. That you shall not deliver any goods or materials purchased or otherwise to
any person, firm, shop, company or any other agency or organization in plastic wrappers or plastic bags;
19. That you shall not close business without the approval of Urban Development
and Housing Department whether temporarily or permanently;
20. If the licencee contravenes any of the above terms and conditions, then without prejudice to any other action that may be taken against him/his license will be suspended or cancelled and he will he liable to a penalty not exceeding Rs.20,000/-.
LICENCING AUTHORITY
URBAN DEVELOPMENT AND HOUSING DEPARTMENT GOVERNMENT OF SIKKIM
[FORM NO. IV (See rule 4 and 7 (i) (b)
GOVERNMENT OF SIKKIM URBAN DEVELOPMENT AND HOUSING DEPARTMENT
GANCTOK (SIKKIM) SL.No…………………Book No……………
TRADE LICENSE (NOT TRANSFERABLE)
License No………………………. Dated To, …………………………………. …………………………………. ………………………………….. The Urban Development and Housing Department hereby grants to you this license for the use of or part of premises No…………………. at……………………. (indication of house address of the locality)……………………. for the purpose of carrying on trade/operation or keeping articles mentioned below subject to the terms and conditions mentioned overleaf and acknowledge to have received in consideration. thereof the sum of Rs…………….(Rupees……………………………………… ) only vide B.R.No…………………… dated…………….. being the license fee for the period from…………………………… to……………………..
Name of trade/Name of seasonal items 1 2 3 4 5
LICENCING AUTHORITY URBAN DEVELOPMENT & HOUSING DEPARTMENT
GOVERNMENT OF SIKKIM
TERMS AND CONDITIONS OF TRADE LICENSE 1. That you shall not contravene any of the provisions of the Sikkim (Repeal and
Miscellaneous) Provisions Act, 1985 and rules made there under; 2. That you shall abide by all instructions given by the Department from time to time; 3. That your shall display the original license in your place of business in a
conspicuous manner and shall be produced for verification by the Departmental Officer as and when demanded;
A passport size photograph to
affix here
4. That you shall not carry any other trade in the premises except the trade mentioned in the licence;
5. That you shall not carry any trade or manufacture in an unapproved
building/premises. 6. That you shall not sublet the licence to any other person. If a person other
than the licencee or his dependant is found on three Departmental surprise inspections, the intervening periods between the inspections being not less than two months, to be running the business it shall he presumed that the licence has been sublet and unless the licence holder proves that the person is an employee of the former with documentary evidence, the trade licence shall be cancelled within month from the date of detection of subletting during which the person running the business shall dispose of the items of’ trade in the shop for closure;
7. That you shall allow any Officer of the Urban Development and Housing
Department authorized by the authority empowered to issue licence to enter into any premises where manufacture and or sale of commodities is carried on;
8. That you shall produce your original copy of licence whenever required to do
so by any Officer of the Department; 9. That you shall display a board specifying trade license No., name of the
Proprietor, and Firm registration, if any; 10. That you shall issue a valid cash memo to the consumer for the sale of any
item/commodity; 11. That you shall not display your goods/commodities on public thoroughfares; 12. That you shall keep the premises neat and clean and free from any sanitary defect; 13. That you shall maintain two empty bins for the disposal of bio-degradable and
non-biodegradable waste products as per the provision of the Sikkim Non-biodegradable Garbage (Control) Act, 1997. In case the licence is for a clinical purpose a separate bin shall be maintained for disposal of bio-medical clinical waste;
14. That you shall pay toll tax as assessed in the Bazaar Contract Licence Agreement; 15. That you shall not sell any adulterated commodity as defined in the Prevention
of Food Adulteration Act, 1954; 16. That, in case of licence for sale of cigarette or any tobacco products, you shall
not sell cigarette or any tobacco to any person under 18 years of age and in an area within a radius of one hundred yards of any educational institution;
17. That in case of licence for hotel, guest house, lodge/resort you shall display a board specifying the category of rooms and tariff in the reception counter; 18. That you shall not deliver any goods or materials purchased or otherwise to
any person, firm, shop, company or any other agency or organization in plastic wrappers or plastic bags;
19. That you shall not close business without the approval of Urban Development
and Housing Department whether temporarily or permanently; 20. If the licencee contravenes any of the above terms and conditions, then
without prejudice to any other action that may be taken against him/his license will be suspended or cancelled and he will he liable to a penalty not exceeding Rs.20,000/-.
LICENCING AUTHORITY
URBAN DEVELOPMENT AND HOUSING DEPARTMENT GOVERNMENT OF SIKKIM
FORM V (See rule 4 and 8 (i)
GOVERNMENT OF SIKKIM URBAN DEVELOPMENT & HOUSING DEPARTMENT
GANGTOK
HAWKER LICENCE
R.P. No Sl.No. Hawker Licence No. ……………… UD&HD Date:……………
Name of Hawker ……………………………………….
S/o, D/o, W/o …………………………………………..
Resident of ……………………………………………..
District ………………………………………..
You are hereby authorized to carry on Hawker’s business of
……………………………………….at the following Bazaars:-
(i)
(ii)
(iii)
(iv)
The business shall be only on haat days from 01st April ……………….. to
……………………… in respect of the above mentioned item.
TERMS AND CONDITIONS
This Licence is liable to be suspended, cancelled or revoked if the licensee
fails to abide by the conditions as under:-
1. That you shall not contravene any of the provisions of the Sikkim Trade Licence and (Miscellaneous) Provisions Act, 2011 and rules made there under;
2. That you shall confine your trade within the specified market yard;
3 That you shall not erect any structure for exposing goods for sale;
4. If it is found that you are operating on days other than specified
mentioned days;
5. That you shall abide by all instructions given by the Department from time to time; 6. That your shall always carry the original license and produce it for verification
by the Departmental Officer as and when demanded; 7. That you shall not carry any other trade other than that mentioned in the
licence; 8. That you shall not sublet the licence to any other person. If a person other
than the licencee or his dependant is found on three Departmental surprise inspections, the intervening periods between the inspections being not less than two months, to be running the business it shall he presumed that the licence has been sublet and unless the licence holder proves that the person is his immediate family member, the licence shall be cancelled within a month from the date of detection of subletting;
9. That you shall not display your goods/commodities on public thoroughfares; 10. That you shall keep the premises neat and clean and free from any sanitary defect; 11. That you shall pay toll tax as assessed in the Bazaar Contract Licence Agreement; 12. That you shall not sell any adulterated commodity as defined in the Prevention
of Food Adulteration Act, 1954; 13. That you shall not deliver any goods or materials purchased or otherwise to
any person, firm, shop, company or any other agency or organization in plastic wrappers or plastic bags;
14. If the licencee contravenes any of the above terms and conditions, then
without prejudice to any other action that may be taken against him/his license will be suspended or cancelled and he will he liable to a penalty not exceeding Rs.20,000/-.
NOTE: THIS HAWKER LICENCE IS NON- TRANSFERABLE AND ITS LOSS MUST BE REPORTED IMMEDIATELY TO THE POLICE AND ISSUING AUTHORITY.
Amount deposited. Rs. ………………/- (Rupees ……………………………….)only. Bank receipt No ……………………………. dated ………………. Signature of Licensing Authority
FORM VI (See rule 7(3) (d) and rule 8 (2) (c)
RECOMMENDATION OF GRAM PANCHAYAT
We, the Panchayat members of the _______________________ G.P.U do
hereby certify that Smt/Shri_________________________________s/o, d/o,
w/o___________ ______________________________________ a resident of
______________________ is the bonafide SSC/COI holder and bonafide resident of
our area.
We also certify that on verification we found that Smt/ Shri
_________________ ________________________________________ s/o, d/o, w/o
____________________ ______________________is not employed in any
Government Organisation and hence can operate the business in his own house or
from the rented or leased out premises of
Smt/Shri_____________________________________s/o, d/o, w/o_____________
___________________________ being the owner of the house for running his/her
business of _______________________________ ( to indicate the name of the trade)
at ______________________________.
We also certify that the premises on which the proposed business is intended
to be run does not fall within road reserve and there is no encroachment of the forest
land or Government land thereon and in the event of licence being granted to him/her
he/she shall run the business herself/himself and shall not sublet the licence to any
person/persons.
We, the Panchayat member hereby recommend for the issuance of trade
licence in favour of Smt/Shri _____________________________________ by the
Department.
Dated: Seal & Signature of Panchayat Members at least 3 members _
FORM VII (See rule 7(2) (f) and 8 (2) (c) RECOMMENDATION OF COUINCILLOR I, _______________________ Councilor, __________________
Ward do hereby certify that Smt/Shri_________________________________s/o,
d/o, w/o___________ ______________________________________ a resident of
______________________ is the bonafide SSC/COI holder and bonafide resident of
our area.
I also certify that on verification I have found that Smt/ Shri
_________________ ________________________________________ s/o, d/o, w/o
____________________ ____________________________________________is not
employed in any Government Organisation and hence can operate the business in his
own house or from the rented or leased out premises of
Smt/Shri_____________________________________s/o, d/o, w/o_____________
___________________________ being the owner of the house for running his/her
business of _______________________________ ( to indicate the name of the trade)
at ______________________________.
_____________________________________the owner of the house for running
his/her business of _______________________________ ( to indicate the name of
the trade) at ______________________________.
I also certify that the premises on which the proposed business is intended to
be run does not fall within road reserve and there is no encroachment of the forest
land or Government land thereon and in the event of licence being granted to him/her
he/she shall run the business herself/himself and shall not sublet the licence to any
person/persons.
I, the Councilor hereby recommend for the issuance of trade licence in favour
of Smt/Shri _____________________________________ by the Department.
Dated: Seal & Signature of Councilor
FORM VIII (See rule 7(2)(h) and 7(3) (e )
UNDERTAKING FOR TRADE LICENCE I, ______________________________ s/o, d/o, w/o ____________________
resident of ____________________________ having applied for the grant of a Trade/
Licence for the purpose of running a ____________________________ from the
premises of ____________________________________ located at
____________________________________do hereby undertake that I shall
run/operate the aforesaid business myself and that I shall not sublet the licence issued
to me by the Urban Development and Housing Department, Government of Sikkim to
any person/persons whatsoever and shall employ local resident of the State of Sikkim
as the worker/staff in my business establishment as provided under rule 5 (7) of the
Sikkim Trade Licence and Miscellaneous Provision Rules, 2011 as amended up to
date.
Further, if the aforesaid licence is found to be sublet the issuing authority shall
have the right to cancel the licence as per law. I have signed this undertaking on this
the _________________ day of ______________________ with my free will and
consent.
Signature: Name:
Address: Witnesses: (Signature with full name & address) 1._____________________ _____________________ _____________________ _____________________ 2. _____________________ _____________________
_____________________ _____________________
FORM IX (See rule 8(2)(d)
UNDERTAKING FOR HAWKER LICENCE I, ______________________________ s/o, d/o, w/o ____________________
resident of ____________________________ having applied for the grant of a
Hawker Licence for the purpose of hawking ____________________________ in the
following bazaars
____________________________________________________________________
do hereby undertake that I shall hawk the aforesaid items myself and that I shall not
sublet the licence issued to me by the Urban Development and Housing Department,
Government of Sikkim to any person/persons whatsoever as provided under rule 5 of
the Sikkim Trade Licence and Miscellaneous Provision Rules, 2011 as amended up to
date.
Further, if the aforesaid licence is found to be sublet the issuing authority shall
have the right to cancel the licence as per law. I have signed this undertaking on this
the _________________ day of ______________________ with my free will and
consent.
Signature: Name:
Address: Witnesses: (Signature with full name & address) 1._____________________ _____________________ _____________________ _____________________ 2. _____________________
_____________________ _____________________ _____________________
FORM NO X (See rule 7(2) (a)
TO WHOM IT CONCERN I, Mr/Mrs/Miss ………………………………………………………………………..
S/o, w/o, d/o, …………………………………………………………………………
resident of …………………………………………………. Police
Station………………………………………………. District………………. have no
objection, if the Urban Development & Housing Department issues trade licence for
operating the trade of …………………………………………………….. by
Mr/Mrs/Miss ………………………………………………………. s/o, d/o, w/o
………………………………………………………………………………………….
resident of …………………………………………………………………………….
Police station ……………………….. District ……………………………… in my
House/Premises located at ……………………………………………………………
Signature of House Owner Dated Signature of Witness: (with name & address) 1. 2.
FORM NO XI (See rule 23)
GOVERNMENT OF SIKKIM URBAN DEVELOPMENT AND HOUSING DEPARTMENT
GANGTOK SIKKIM
SEIZURE MEMO/LIST On the inspection of ………………………………………………………………
(Place & Description of the Shop) on this the ……. (Day) …….. (Month) 20…….
Shri/Smt/Miss…………………………………..S/o./W/o./D/o.……………………..R
/o. ………………………………………….. is/ are found carrying on the business in
contravention of ……………………………………………………… (Provisions of
the Rules) and the following items/documents have been seized under rule ……. of
the Sikkim Trade Licence & Miscellaneous Provisions Rules, 2011:-
1. …………………………………., 2. ………………………………….,
3. …………………………………., 4. ………………………………….,
5. …………………………………., 6. ………………………………….,
7. …………………………………., 8. ………………………………….,
9. …………………………………., 10. ………………………………….,
in the presence of the following witnesses:-
1. …………………………….. 2. ……………………………… Address: ………………………. Address: ……………………….
Name ……………………………….
Designation ………………………...
Date ………………………………...
Place………………………………...
(Seal)
SCHEDULE IV (See rule 27)
EAST DISTRICT Bazaar Class-I : Gangtok, Singtam. Bazaar Class-II : Rangpo, Ranipool, Pakyong Rhenock, Tadong,
Rongli. Bazaar Class-III : Dikchu (E), Makha, Sang, Rorathang. Rural Marketing Centers : Phadamchen, Kupup, Sherathang, Chanmari,
Rongyek, Burtuk, Bhojoghari, Samdong, Ranka Central Pandam, Martam, Saramsa, Sumik Linzey, Tintek, Lingdong, Chandey Kyonglasla, Theguk, Lingthu, Jaluk, Sisney, Barapathing, Mamring, Machong, Chalisey, (Rhenock) Reshi(E), East Pendam, Kopchey, Dalapchand, Aritar, Chujachen, Rolep, Parakha, Penlong, Lingdok, Lingtam, Rumtek, Middle Camp. Lower Samdong, Duga Tshongu, Sirwani, Syari, Tathangchen.
NORTH DISTRICT
Bazaar Class-II: : Mangan, Chungthang, Dikchu (N), Phensong,
Phodong. Rural Marketing Center : Payong, Kabi, Namak, Ramthang, Singhik,Pakshep,
Manuel, Naga Sangkalang, Hee-Gyathang, Pashingdong, Phidang, Tumlong, Phamtan, Bakcha, Lachen, Lachung, Linzya Tingbong.
SOUTH DISTRICT
Bazaar Class-II : Jorethang, Namchi, Melli, Ravongla.
Bazaar Class-III : Simchuthang (Manglay), Majhitar,Temi Bazaar, Damthang, Namthang, Kewzing,Yangang, Ralang. Rural Marketing Centre : Nandugoan, Tenzor, Maniram Bhanjyang,
Phungbhanjyang, Ratepaney, Tokal Bermoik, “0” Tarku, Ben Bazaar, Sadam, Melli Dara, Payong, Sukrabarey (Sadam), Sumbuk, Turuk, Kitam, Wok, Lingmoo, Lingi-Payong, Namphok, Manpur Gumpa Ghurpisey.
WEST DISTRICT
Bazaar Class-II : Gyalshing. Bazaar Class-III : Legship, Reshi, Hee, Sambaria, Soreng,
Daramdin, Dentam, Rinchenpong, Kaluk, Mangalbarey, Shreebadam, Barmiok, Tashiding, Chakung, Nayabazaar.
Rural Marketing Centre : Darap. Rimbi, Gerethang, Melli-Khechopery,
Sakyong, Chongrang, Lingchom, Tashithang Chewabhanjyang, Timburbong, Dodak, Zoom, Ribdi, Okhrey Bhareng, Hilley, Budang, Tharpu Pureytar, Thingling, Begha, Rothak, Yukson, Uttarey.
Note : The Demarcation of the boundary of the individual Bazaar area shall
be done subsequently by issuing separate notification.
SCHEDULE - I (See Rule 3(1) and 7(1)(a)
RATE OF LICENCE FEES
Sl. No Name of Item
Class I Class II
Class III
Other Towns Bazaars (OTB)
1 Advertising Agency 5,500 4,180 3,135 2090
2 Architectural Consultancy 5,500 4,180 3,135 2090
3 Auto Electrician 700 525 395 265
4 Automobile workshop 4,000 3,000 2,250 1500
5
Automobile Show Room (i)Light Vehicle) (ii) Heavy Vehicle *** see instruction below
15000 18000
15000 18000
15000 18000
15000 18000
6
Bakery : Class -I Class -II
1500 800
1125 600
840 450
565 300
7
Beauty Parlour Class - I Class - II
2500 1000
1875 750
1405 560
940 375
8 Book binding, file rubber stamps etc. 1,000 750 560 375
9 BPO (Call Centre) 5,000/- 5,000 5,000 5,000
10 Book Store 1,500 1125 840 565
11 Brand item 12,000 12,000 12,000 12,000
12 Canteen 500 375 280 190
13 Car Park ( Private) 3,000 2250 1685 1125
14 Carpets/ matresses etc 1,500 1125 840 565
*** Againts Automobile showroom at sl.No.5 additional Rs.3000/- only to be charged if showroom has workshop
15 Charter Accountant 5,500 5,500 5,500 5,500
16 Cold Storage etc 8,000 6,000 4,500 3,000
17
Commercial artists/Inscriber engaged for making festoons hoarding, etc 500 375 285 190
18 Commission Agents 2,500 2,500 2,500 2,500
19 Computer Training Institutions 2,000 1,500 1120 750
20 Conference / Banquet hall 5,000 3750 2810 1875
21 Coin Booth 150 110 80 55
22 Curio 2,000 1,500 1,125 750
23 Cyber Café 1000 750 560 375
24 Dairy products 300 225 170 115
25
Departmental Store (Provision, Confectionary, Cosmetics, Grocery, Manihari, Cold drink, icecream) 5,000 3,750 2,810 1,875
26 DTP for printing 800 600 450 300
27
Departmental Store (Ready made clothes, shoes, bags, cosmetics) 5,000 3,750 2,810 1,875
28
Departmental Store (All house hold goods commprising of electronic goods, glasses, metal, non-metal goods etc 5,000 3,750 2,810 1,875
29 Driving School 5,000 3,750 2,810 1,875
30 Dry clean/Dyeing Cloths 1500 1,125 840 565
31 Dyeing Clothes 300 225 170 115
32
Electrical Goods: Class I ClassII
(i)1,500 (ii) 700
1125 525
840 390
565 265
33
Electronic Goods: Class I ClassII
(i)5,000 (ii)1,500
3,750 1,125
2,810 840
1,875 565
34 Electronic goods (Hire) 800 600 450 300
35 Electronic goods (Repair) 1,000 750 560 375
36 Electric goods repair 500 375 280 190
37 Egg 400 300 225 150
38 Express mail/ courier service 1500 1,125 840 565
39
Factory/Manufacturing Unit: Large Scale Small Scale
10,000 2,000
7,500 1,500
5,625 1,125
3,750 750
40
Fair/ Mela/ Exhibition -cum -Sale in (a)Shopping Complex and Government premises (b) Private premises (Hotel & House)
(a) 1000/- per day
(b) 3000/- per month
(a) 200/- per day
(b) 300/- per day
(a) 150/-
per day (b)
200/- per day
(a) 150/- per day
(b) 200/- per day
41
Floriculture Class I Class II
2000 300
42
Fertilisers/ seeds and agricultural implements (Retail) 800 600 450 300
43
Fertilisers/ seeds and agricultural implements (General & Govt. Supply) 2,500 1,875 1,405 940
44 Film Distribution 5,000 3,750 2,810 1,875
45 Film Production 3,000 2,250 1,685 1,125
46
Financial Institution (Banking & Non Banking) 10,000 10,000 10,000 10,000
47 Fish 500 375 285 190
48 Foot Spa 1,000 740 560 375
49
Forest products (Charcoal/Firewood/ Timbers/Coal) 1,500 1,125 840 565
50 FM Radio 5,000 5,000 5000 5000
51
Furniture (readymade) Class - I Class -II
5000 1500
3,750 1,125
2,810 840
1,875 565
52
Gift Items Class - I Class - II
2000 500
1500 375
1,125 285
750 190
53 Glass apparatus 800 600 450 300
54 Godown/ Warehouse 3000 2250 1685 1125
55
Gold and Silver ornaments/other metals (manufacture & sale) 3,000 2,250 1,685 1,125
56 Grill fabrication 2,000 1,500 1,125 750
57
Grinding machine/husking machine/oil extracting devices etc/atta mill 500 375 285 190
58
Grocery (except controlled items) - Wholesale 1500 1,125 840 565
59 Grocery (except controlled items) Retail 600 450 335 225
60
Handicrafts/ wood carving/ weaving/ bamboo products 300 225 170 115
61
Hardware Class- I Class -II
(I) 10,000 (II) 3,000
7,500 2,250
5,626 1,685
3,750 1,125
62 Heavy Machinery items 3,000 2,250 1,685 1,1,25
63
Higher Education Institute (Commercial/ Private) 5,000 3,750 2,810 1,875
64 Household goods (other than metal) 500 375 285 190
65 Household goods/ utensils ( metal) 800 600 450 300
66
Hotel and Restaurant (As specified by Tourism Department) Grade -A Grade -B Grade-C - (As holiday home, lodging home, guest house etc ) Grade -D
A- 10,000 B- 8,000 C- 4,000 D- 2,000
7,500 6,000 3, 000 1,500
5,625 4,500 2,250 1,125
3750 3000 1500 750
67 Icecream and cold drinks 800 600 450 300
68 Insurance Company 10,000 10,000 10,000 10,000
69 Kerosene/ lubricants 800 600 450 600
70
Leather goods viz. jacket/suitcase/ bags/ belt 800 600 450 600
71 Lights and sound hiring system 500 375 285
72 Lottery - Paper & On line (Wholesale) 1000 750 560 375
73 Lottery - Paper & On line (Retail) 400 300 225 150
74 LPG (dealership) 8,000 6,000 4,500 3,000
75 Lubricants in small quantity 550 420 315 210
76 Manihari (Wholesale) 1000 750 560 375
77 Manihari (Retail) 500 375 285 190
78 Man power placement, consultancy. 5,000 3,750 2,810 1,875
79 Manual Laundry 500 375 285 190
80 Meat 500 375 285 190
81 Meat/ Fish (Wholesale) 3,000 2,250 1,685 1,125
82 Medicine and allied assessories 2000 1,500 1,125 750
83
Medical Clinic/Diagnostic Centre/ Optical Clinic 5,000 3,750 2,810 1,875
84 Medical Practioner 3,000 2,2,50 1,685 1,125
85 Mineral water (wholesale) 1000 750 560 375
86 Motor parts/ tyre/ tube/ batterys 2,000 1,500 1,125 750
87 Musical Instrument 1,000 750 560 375
88 News Paper Agent 800 600 450 300
89 Noodles manufactures and sales 1,000 750 560 375
90 Nursing home 5,000 1,500 1,125 750
91 Optical frame/Spectacle 1,000 750 560 375
92 Orange (wholesale) 1,000 495 370 250
93 Pan (Betal) 500 375 285 190
94 Pan, Supari, Biri (wholesale) 1,000 750 560 375
95 Pathology, X- ray and similar items 5,000 3,750 2,810 1,875
96 P.C.O/ Fax 500 375 285 190
97 Pet Animal 1,500 1,125 840 565
98 Petition Writer and Sale of Stamp & Papers 1,000 750 560 375
99 Petrol Pump including kerosene and lubricants 5,000 5000 5000 5000
100 Photo copying machine 500 375 285 190
101
Photographic studio/sale of photographic goods 1,000 750 560 375
102 Pool Parlour/ Billards/ Snooker 1,500 1,125 840 565
103 Printing press 1,000 750 560 375
104
Private Homeopathy/Ayurvedic Clinics 2,000 1,500 1,125 750
105
Private Institutions: Nursery Primary Middle Secondary Sr. Secondary
1,000 1,500 2,500 4,000 5,000
750 1,125 1,875 3,000 3,750
560 840
1,405 2,250 2,810
375 565 940 1500 1875
106 Private Tutorials 5,000 3,750 2,810 1,175
107 Provisional Goods (Retail) 500 375 285 190
108 Provisional Goods (Wholesale) 1,000 750 560 375
109 Quilt Making 500 375 285 190
110
Radio (including record/cassettes player)with cassettes and records/ 800 600 450 300
111
Repairs of Radio (including record/cassettes player)with cassettes and records/ 500 375 285 190
112
Real Estate business/property dealing agency/business 5,000 5,000 5,000 5,000
113
Readymade garments Class I Class II
(I) 1,000 (II) 500
750 375
560 285
375 190
114 Restaurant/Fast Food 2,000 1,500 1,125 750
115 Rice (wholesale) 1,000 750 560 375
116 Ritual Articles 500 375 285 190
117 Saloon 800 600 450 300
118 Scientific Instruments 1,000 750 560 375
119
Scraps, empty bottles and empty bags including gunny bags & carton 2,500 1,875 1,405 940
120 Security Agency 5,000 5,000 5,000 5,000
121 Sewing/ Knitting machine 500 375 285 190
122 Shoes 1,500 1,125 840 565
123 Soft Coak/Coal 700 525 390 265
124 Software programmes 2,000 1,500 1,125 750
125 Sports goods and accessories 1,500 1,125 840 560
126 Stationery and books 1,000 750 560 375
127 Tabocco (Retail) 1,000 750 560 375
128 Tabacco (Wholesale) 3,000 2,250 1,685 1,125
129 Tailor 500 375 285 190
130 Tailoring shop 1,500 1,125 840 565
131 Tattoo Parlour 1,000 750 560 375
132 Tea and Sweetmeat shop 1,000 750 560 375
133 Tea Leaf and tea dust (wholesale) 1,500 1,125 840 565
134 Textile cloth (Retail) 500 375 285 190
135 Textile (Wholesale) 1,500 1,125 840 565
136 Timber Merchant 5,000 3,750 2,810 1,875
137 Transport Company 5,000 3,750 2,810 1,875
138 Travel Agency 1,500 1,125 840 565
139 Two Wheeler (Motor bike, Scooter ) 5,000 3,750 2,810 1,875
140 Two Wheeler ( Cycle ) 1,100 825 620 450
141
Type-writer, duplicating machines (Sale & Repair) 550 420 315 210
142 Vegetables and Fruits 500 375 285 190
143 Veterinary laboratory/Clinic 2,500 1,875 1,405 940
144 Videography 1,000 750 560 375
145 VCD Library 2,000 1,500 1,125 750
146 Vocational Institute 2,000 1,500 1,125 750
147 Watch and clock (sale) 1,000 750 560 375
148 Watch & Clock Repair 500 375 285 190
149 Weigh bridge 3,500 2,625 1,965 1,315
150
Any other trade or business not covered by the Schedule -I 1,500 1,125 840 565
Note: (i) In case of bazars under Class III the trade licence fee shall be 75% of the rates specified for Class-II to be rounded off to the nearest multiple of Rs. 10/- (ii) In rural areas, the licence fee shall continue to be 50% of the rates stipulated for category II bazaars.
(ii) In rural areas, the licence fee shall continue to be 50% of the rates stipulated for category II bazaars.
(iii) License fee for Brand items, Petrol Pumps,Resort, Class Hotel, shall be uniform in all the bazaars.
(iv) License fee for Government supply shall be uniform in all bazaars
Brand item - ADDIDAS, TITAN, VLCC, MARUTI, etc.
SCHEDULE II (See Rule 3(1)&(8) Rate of running the HawkerBusiness
Sl. No. Name of Items
Rate of licence fee for two Bazaars
Rate of licence fee for more than two
Bazaars.
1 Agriculture tools 300 500
2 Audio/ VCD/ DVD & Cassettes 200 300
3 Bakery and sweets 300 500
4 Books / Stationaries 300 500
5 Butter/ Cheese, Honey & Eggs 200 300
6 Chana 200 300
7 Chundari 200 300
8 Cloth 300 500
9 Domestic Fowl and Eggs. 300 500
10 Earthern goods, spices and seeds 300 500
11 Embroridery goods, Handloom bags/Carpets 300 500
12 Floriculture produces & Plants 200 300
13 Fruits /Vegetables 300 500
14 Gold and Silver Ornaments 300 500
15
Grocery ( Excluding Atta/ Flour & Loose Oil) 300 500
16 Handicraft items 300 500
17 Household Goods 300 500
18 Ice-Cream, sweetmeat and tea 300 500
19 Khukuris and similar sharp weapons 200 300
20 Knitting Wool (Hosiery) 300 500
21 Lottery Tickets 300 500
22 Manihari 300 500
23 Mushrooms/ pickles 200 300
24 Medicinal Herbs 200 300
25 News paper 200 300
26 Optical/ Sunglasses 200 300
27 Palmistry 150 200
28 Pan (Betal) 200 300
29 Potteries and earthenwares 300 500
30 Quilt making 300 500
31 Readymade cloth, army and disposal clothes 300 500
32 Religious Item 200 300
33 Saugages/ momo/ faley 200 300
34 Shoes / Bags 300 500
35 Stationary items 300 500
36 Tea 200 300
37 Tea Leaf 200 300
38 Toys 300 500
39 Umbrella (Sale & repair) 200 300
40 Utensils 300 500
41 Any other item not covered in the Schedule 300 500
SCHEDULE - III (See rule 3 (i) and 7(i) (b))
Sl. No. Name of Item
Rate of Licence Fee for Class I Bazaars (in Rs.)
Rate of Licence fee for Class II / other Bazaars
1 Ginger (whole sale) 1,000 700
2 Cardamom (wholesale) 1,000 700
3 Amliso 500 300
4 Cut Flower/Potted flowers 100 70
5 Cracker 200 100
6 Any other item on specified in Schedule III 300 200
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY GANGTOK DATE MONDAY 18TH APRIL 2011 No. 194
DIRECTORATE OF SIKKIM STATE LOTTERIES
FINANCE, REVENUE & EXPENDITURE DEPARTMENT GOVERNMENT OF SIKKIM
BALUWAKHANI, GANGTOK – 737101
No. FIN/DSSL/2011/1 Dated: 16th April 2011
NOTIFICATION
The following weekly lottery scheme of the Sikkim State Lotteries marketed through the Distributor, M/S Future Gaming Solutions India Pvt. Ltd. with effect from 18th April 2010 onwards is hereby notified for general information as per Annexure I : - 1. Sikkim Swarnalakshmi weekly lotteries (Monday to Sunday)
By Order.
Director,
Sikkim State Lotteries
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY GANGTOK DATE MONDAY 18TH APRIL 2011 No. 195
DIRECTORATE OF SIKKIM STATE LOTTERIES
FINANCE, REVENUE & EXPENDITURE DEPARTMENT GOVERNMENT OF SIKKIM
BALUWAKHANI, GANGTOK – 737101
No. FIN/DSSL/ RESULTS /4 Dated: 16th April 2011
NOTIFICATION
The Daily Results of the following weekly lottery schemes marketed through the Marketing Agent, M/S Summit Online Trade Solutions Pvt. Ltd. for the period 1st April to 3rd April 2011 and from 6th April to 15th April 2011, are hereby notified for general information as per Annexures 1 to 13 :-
1. Eight (8) draws of the Sugar Online Weekly Lottery. No online lottery tickets were marketed on 4th and 5th April 2011 on account of the Sikkim Bandh observed on the said dates.
By Order.
Director,
Sikkim State Lotteries
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY GANGTOK DATE MONDAY 18TH APRIL 2011 No. 196
DIRECTORATE OF SIKKIM STATE LOTTERIES
FINANCE, REVENUE & EXPENDITURE DEPARTMENT GOVERNMENT OF SIKKIM
BALUWAKHANI, GANGTOK – 737101
No. FIN/DSSL/ RESULTS/ 5 Dated: 16th April 2011
NOTIFICATION
The Daily Lottery Results from 1st April to 3rd April 2011 and from 6th April to 15th April 2011 of the following weekly lottery schemes of the Sikkim State Lotteries marketed through the Marketing Agent, M/S Tashi Delek Gaming Solutions Pvt. Ltd. are hereby notified for general information as per Annexures 1 to 13 :- 1. Monday Fast Lotto
2. Wednesday Fast Lotto. 3. Friday Fast Lotto. 4. Sunday Fast Lotto. 5. Thunderball (every Tuesday). 6. Thursday Super Lotto (every Thursday). 7. Super Lotto (every Saturday). 8. Supreme Cards Online Lottery.
No online lottery tickets were marketed on 4th and 5th April 2011 on account of the Sikkim Bandh observed on the said dates.
By Order.
Director, Sikkim State Lotteries
SIKKIM
GOVERNMENT GAZETTE EXTRA ORDINARY
PUBLISHED BY AUTHORITY GANGTOK DATE MONDAY 18TH APRIL 2011 No. 197
DIRECTORATE OF SIKKIM STATE LOTTERIES
FINANCE, REVENUE & EXPENDITURE DEPARTMENT GOVERNMENT OF SIKKIM
BALUWAKHANI, GANGTOK – 737101
No. FIN/DSSL/ RESULTS/6 Dated: 16th April 2011
NOTIFICATION The Daily Lottery Results from 01st April 2011 to 15th April 2011 of the following weekly lottery schemes of the Sikkim State Lotteries marketed through the Distributor, M/S Future Gaming Solutions India Pvt. Ltd. are hereby notified for general information as per Annexures 1 to 15 :-
Monday Sikkim Kanchenjunga Blessed Sikkim Future Immense Sikkim Singam Delight Tuesday Sikkim Kanchenjunga Sacred Sikkim Future Vast Sikkim Singam Great Wednesday Sikkim Kanchenjunga Attractive Sikkim Future Infinite Sikkim Singam Vigor Thursday Sikkim Kanchenjunga Amazing Sikkim Future Enormous Sikkim Singam Energy Friday Sikkim Kanchenjunga Beautiful Sikkim Future Colossal Sikkim Singam Dignity Saturday Sikkim Kanchenjunga Misty Sikkim Future Huge Sikkim Singam Tough Sunday Sikkim Kanchenjunga Revered Sikkim Future Massive Sikkim Singam Zeal Monday Sikkim Kuil Parrot Sikkim Nadi Indus Sikkim Singam Evening Pride Tuesday Sikkim Kuil Eagle Sikkim Nadi Sindh Sikkim Singam Evening Powerful Wednesday Sikkim Kuil Falcon Sikkim Nadi Swarna Sikkim Singam Evening Strength Thursday Sikkim Kuil Vulture Sikkim Nadi Surya Sikkim Singam Evening Power Friday Sikkim Kuil Ostrich Sikkim Nadi Kodoor Sikkim Singam Evening Supreme Saturday Sikkim Kuil Hawk Sikkim Nadi Saryu Sikkim Singam Evening Strong Sunday Sikkim Kuil Flamingo Sikkim Nadi Tapti Sikkim Singam Evening Sturdy Monday Sikkim Precious Dear Evening Tuesday Sikkim Valuable Dear Evening Wednesday Sikkim Costly Dear Evening Thursday Sikkim Prized Dear Evening Friday Sikkim Worthy Dear Evening Saturday Sikkim Vital Dear Evening Sunday Sikkim Cherished Dear Evening
By Order. Director,
Sikkim State Lotteries