Silence of Sikkimese society is ominous: Chamling
SE Report
GANGTOK, April 8: “The Sikkimese Janta has not given a serious thought on how Sikkim is progressing towards a bright future due the stand taken by the SDF party and government. Nobody has seriously thought on this”, regretted party president and Chief Minister Pawan Chamling today during a function at the SDF party head-office here.
Chamling was briefing the gathering of contesting and unopposed party candidates for the civic polls about the principles and discipline of the ruling front.
Congratulating the 44 party candidates who have gone unopposed in the municipal elections, the Chief Minister said that elections are a part of the democratic exercise. “Elections are being held for the first time for the municipal bodies in Sikkim which is a historic event. The elections should have been held much earlier but none came up to point out the delay. When the elections were finally announced, they said that it was being conducted in a haste manner”, he said.
Chamling also condemned the allegations leveled by the opposition political parties who have boycotted the municipal polls. Those who have said that the municipal polls are unconstitutional are terming the 73rd and 74th amendment of the Indian Constitution as unconstitutional, he said.
“Yet the Sikkimese society is silent, this silence is ominous,”, Chamling observed.
The ruling front president also directed the designated ward councilors not to lobby for the post of the chairperson, president, mayor or deputy mayor in the municipal bodies. All should accept the decision of the party and contribute towards Sikkim Nirman by fulfilling their responsibilities, he said.
Chamling further directed the urban body representatives to follow the discipline, principles and programmes of the party in the interests of Sikkim and Janta. He also asked them to deeply study the election manifesto of the party.
“The poor people have given birth to the SDF party and we must all work for them”, said the Chief Minister. He said that the party has selected the candidates for the municipal elections after a serious study. We have also given our best to ensure a balance and adequate representations for all, he added.
“We are number one in power decentralization. We have implemented several measures in this direction. Now, it is up to you all how Gangtok, Namchi, Rangpo, Singtam, Mangan, Geyzing and Jorethang will be. Work to fulfill your dreams for your bazaars”, Chamling told the party candidates. It is our plan to make Sikkim a slum free State and we will be distributing the Indira Awas Yojan to the local people on the basis of voter list from this time, he added.
The Chief Minister further informed that the State government has already the resolution passed by the Sikkim Legislative Assembly seeking income tax exemption for the old businessmen community of the State.
“Our detractors are trying to mislead the people. Now you all must save the people from being misled”, appealed Chamling to the party candidates. He also congratulated those independent candidates who withdrew their nomination papers for the municipal elections.
THE OLD SETTLERS OF SIKKIM....................e.newsletter of the old settlers living in Sikkim prior to its merger with India who have a history of 130 years in Sikkim: .....Editor: S K Sarda
Saturday, April 10, 2010
Friday, April 9, 2010
SDF governement violated Article 371 F – SNPP
The Sikkim National People’s Party takes strong exception to the statement made by the Chief Minister that the provisions and safeguards of article 371F are fully protected despite the holding of the Municipal elections in Sikkim. The party draws the attention of the public to the fact that Clause (b)of Article 371F gives recognition to the Assembly of Sikkim elected in 1974 and reads as follows:
(b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)-
(i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;
(ii) the sitting members shall be deemed to the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and
(iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;
The Party wishes to reiterate that this Assembly of 1974 was elected with seats reserved for the Sikkimese of Nepali Origin (SNO) and was recognized by the Indian Constitution. Despite this fact the seat reservations for the SNO’s were done away with fraudulently and against the objectives and spirit of the 8th May Agreement of 1973. Despite the fact that the Nepali seats were declared general, for the last three decades there was an “unwritten understanding” that these general seats were for the SNO’s and no political party had come forward to break this understanding. But today the SDF Government by officially giving party tickets to non-SNO’s has not only completely violated the spirit of Article 371F, which calls for equality of treatment among all Sikkimese, but also directly affected the sentiments of the SNO’s, of which the CM himself is a member. It can be seen that the Chief Minister has never taken up the issue of restoration of seat for the SNO’s in the past and now in one blow he has opened the floodgates for a period of turbulence in Sikkimese politics by making the SNO’s even more insecure..
The party has already condemned and boycotted the Municipal Elections due to the fact that Article 371F is being repeatedly violated both in letter and in spirit, and with the distribution of the party tickets by the ruling SDF, a new and dangerous twist has been introduced to the never ending attack on the identity of the Sikkimese with scant regards to the one and only agreement which the Sikkimese people have with the Government of India.
The party therefore resolves:
1. To condemn the recently held Municipal elections as a meaningless exercise and a direct attack on the identity of the Sikkimese of Nepali Origin and appeals to the people of Sikkim to boycott and not co-operate with these new institutions which have been thrust upon the people trampling their Constitutional Guarantees.
source:voice of Sikkim
The Sikkim National People’s Party takes strong exception to the statement made by the Chief Minister that the provisions and safeguards of article 371F are fully protected despite the holding of the Municipal elections in Sikkim. The party draws the attention of the public to the fact that Clause (b)of Article 371F gives recognition to the Assembly of Sikkim elected in 1974 and reads as follows:
(b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)-
(i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;
(ii) the sitting members shall be deemed to the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and
(iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;
The Party wishes to reiterate that this Assembly of 1974 was elected with seats reserved for the Sikkimese of Nepali Origin (SNO) and was recognized by the Indian Constitution. Despite this fact the seat reservations for the SNO’s were done away with fraudulently and against the objectives and spirit of the 8th May Agreement of 1973. Despite the fact that the Nepali seats were declared general, for the last three decades there was an “unwritten understanding” that these general seats were for the SNO’s and no political party had come forward to break this understanding. But today the SDF Government by officially giving party tickets to non-SNO’s has not only completely violated the spirit of Article 371F, which calls for equality of treatment among all Sikkimese, but also directly affected the sentiments of the SNO’s, of which the CM himself is a member. It can be seen that the Chief Minister has never taken up the issue of restoration of seat for the SNO’s in the past and now in one blow he has opened the floodgates for a period of turbulence in Sikkimese politics by making the SNO’s even more insecure..
The party has already condemned and boycotted the Municipal Elections due to the fact that Article 371F is being repeatedly violated both in letter and in spirit, and with the distribution of the party tickets by the ruling SDF, a new and dangerous twist has been introduced to the never ending attack on the identity of the Sikkimese with scant regards to the one and only agreement which the Sikkimese people have with the Government of India.
The party therefore resolves:
1. To condemn the recently held Municipal elections as a meaningless exercise and a direct attack on the identity of the Sikkimese of Nepali Origin and appeals to the people of Sikkim to boycott and not co-operate with these new institutions which have been thrust upon the people trampling their Constitutional Guarantees.
source:voice of Sikkim
Friday, April 2, 2010
Nagrik Sangharsha Samiti, Memorandum – Press Release
NAGRIK SANGHARSHA SAMITI
Above Sri Niketan, Mahatma Gandhi Marg, Gangtok, Sikkim 737101
Cell: 09434109760
Phone No. 03592-204008-09212974355
To Date: 13/12/2009
The Chief Minister of Sikkim &
Minister-in-Charge for Home & Finance
Government of Sikkim
Tashiling Secretariat
Gangtok 737 101
Sikkim.
Sub: M E M O R A N D U M
Sir:
You are well aware that the Nagarik Sangharsha Samiti has repeatedly submitted representations and memoranda over the past 15 years with a fervent appeal to treat all citizens residing in the State of Sikkim equally and without discrimination on a vital issue like the grant of Certificate of Identification. Similarly, the Samiti made fervent appeals from time to time over the past few years praying that all citizens residing in the State of Sikkim before 26/04/1975 be treated equally and income tax exemption be secured without discrimination.
2 The stand taken by the State Government on the above mentioned issues of immense concern to the Samiti has been shown in the tabular form as under:
Srl No. Subject Date Remarks
01 Every person who immediately before 26/04/1975, was a Sikkim Subject under the Sikkim Subject Regulation 1961, shall be deemed to have become a citizen of India.
26/04/1975 Vide MHA Order No.
26011 /8 (IV)/75-IC dated 16/05/1975 (Sikkim Gazette No.11 dated 21/06/1975.
These persons have been granted income tax exemption under the Income Tax Act,1961 on the basis of Cabinet Memorandum No.06/Fin/Adm dated 21.08.2007 .
02 Persons (neither Indian
Citizens nor Sikkim Subject
Holders) totaling 73,431 became
Indian citizens vide Notification
No.MHA 26030/36/90-IC.I dated
07/08/1990 and dated 08/04/1991
Issued by Govt. of India.
26/04/1975 As per MHA Order No. 26030/69/88-IC.I dated 20/03/1989 Guidelines. (The State and the Govt. of India agreed that 26/04/75 is the “Cut-off Year”. These persons have been granted income tax exemption under the Income Tax Act,1961 on the basis of Cabinet Memorandum No.06/Fin/Adm dated 21.08.2007.
03 … “all persons who has/had agricultural land in the rural areas and has been ordinarily residing in Sikkim be also brought under the purview of exemption under the Income Tax Act,1961.” Date & year: NIL Resolution No.01 seeking exemption from Income tax for the left out categories of persons, tabled in the Legislative Assembly of Sikkim on 11/12/2009, adopted and voted upon in the House.
04 … “all the old settlers i.e., the business community who have been residing continuously and have permanently in Sikkim prior to the enactment of Sikkim Subject Regulation,1961 be also brought under the purview of exemption granted under the Income Tax act,1961.” 1961 -Do-
05 … “all those person whose father/husband has/had been in Sikkim Government service before 31.12.1969 and who have permanently settle and is continuously residing in the State of Sikkim be also brought under the purview of exemption granted under the Income Tax Act,1961.” 31.12.1969 -Do-
1. In column 02 above, different dates and years have been specified by the Government of Sikkim for the Indian citizens in the State of Sikkim for the applicability and enforcement of the laws. These dates and years specified by the State Government are not only discriminatory but utterly confusing to one and all. In Serial Number 3 column 2 above, no date and year has been specified and this will create unnecessary chaos and confusion. Besides, the State of Sikkim is the only State within the Indian Union where citizens are classified according to different dates and years for the applicability and enforcement of laws. You will appreciate the fact that April 26, 1975 has been agreed to as the “cut off year” by the State and the Central Government and our organisation has repeatedly urged the Central/ State Government to treat all citizens equally and without discrimination taking 26/04/1975 as the base year or cut off year. On behalf of the Samiti, I once again appeal the State Government to treat all citizens of India in Sikkim equally and without any discrimination in the matter of enforcement of laws to persons similarly situated. This will be in consonance with Article 14 of the Constitution of India read with the letter and spirit of Article 371F which came into force on 26/04/1975. I hope and trust that you will take immediate steps to undo the wrong perpetuated for over a decade.
1. Before I conclude, I request you to kindly issue:
(a) an appropriate Order/notification directing the concerned authorities of the State Government to issue Certificate of Identification to all citizens residing in Sikkim before 26/04/1975 treating them equally in the socio-economic and political fields; and
(b) recommend to the Government of India suggesting the amendment to the Income Tax Act, 1961, Sec.26AAA in the manner as under:
“26AAA, in case of an individual and descendents, being a person resident in Sikkim- before April 26, 1975, any income which accrues or arises to him/her.”
Thanking you,
Yours faithfully,
(PREM GOYAL)
Chief Co-ordinator
Nagrik Sangarsha Samiti
Copy to:
1. The Chief Secretary, Sikkim
2.The Principal Secretary, Home Department, Sikkim,
3.The Principal Secretary, Finance, Sikkim, for info. & necessary action pls.
NAGRIK SANGHARSHA SAMITI
Above Sri Niketan, Mahatma Gandhi Marg, Gangtok, Sikkim 737101
Cell: 09434109760
Phone No. 03592-204008-09212974355
To Date: 13/12/2009
The Chief Minister of Sikkim &
Minister-in-Charge for Home & Finance
Government of Sikkim
Tashiling Secretariat
Gangtok 737 101
Sikkim.
Sub: M E M O R A N D U M
Sir:
You are well aware that the Nagarik Sangharsha Samiti has repeatedly submitted representations and memoranda over the past 15 years with a fervent appeal to treat all citizens residing in the State of Sikkim equally and without discrimination on a vital issue like the grant of Certificate of Identification. Similarly, the Samiti made fervent appeals from time to time over the past few years praying that all citizens residing in the State of Sikkim before 26/04/1975 be treated equally and income tax exemption be secured without discrimination.
2 The stand taken by the State Government on the above mentioned issues of immense concern to the Samiti has been shown in the tabular form as under:
Srl No. Subject Date Remarks
01 Every person who immediately before 26/04/1975, was a Sikkim Subject under the Sikkim Subject Regulation 1961, shall be deemed to have become a citizen of India.
26/04/1975 Vide MHA Order No.
26011 /8 (IV)/75-IC dated 16/05/1975 (Sikkim Gazette No.11 dated 21/06/1975.
These persons have been granted income tax exemption under the Income Tax Act,1961 on the basis of Cabinet Memorandum No.06/Fin/Adm dated 21.08.2007 .
02 Persons (neither Indian
Citizens nor Sikkim Subject
Holders) totaling 73,431 became
Indian citizens vide Notification
No.MHA 26030/36/90-IC.I dated
07/08/1990 and dated 08/04/1991
Issued by Govt. of India.
26/04/1975 As per MHA Order No. 26030/69/88-IC.I dated 20/03/1989 Guidelines. (The State and the Govt. of India agreed that 26/04/75 is the “Cut-off Year”. These persons have been granted income tax exemption under the Income Tax Act,1961 on the basis of Cabinet Memorandum No.06/Fin/Adm dated 21.08.2007.
03 … “all persons who has/had agricultural land in the rural areas and has been ordinarily residing in Sikkim be also brought under the purview of exemption under the Income Tax Act,1961.” Date & year: NIL Resolution No.01 seeking exemption from Income tax for the left out categories of persons, tabled in the Legislative Assembly of Sikkim on 11/12/2009, adopted and voted upon in the House.
04 … “all the old settlers i.e., the business community who have been residing continuously and have permanently in Sikkim prior to the enactment of Sikkim Subject Regulation,1961 be also brought under the purview of exemption granted under the Income Tax act,1961.” 1961 -Do-
05 … “all those person whose father/husband has/had been in Sikkim Government service before 31.12.1969 and who have permanently settle and is continuously residing in the State of Sikkim be also brought under the purview of exemption granted under the Income Tax Act,1961.” 31.12.1969 -Do-
1. In column 02 above, different dates and years have been specified by the Government of Sikkim for the Indian citizens in the State of Sikkim for the applicability and enforcement of the laws. These dates and years specified by the State Government are not only discriminatory but utterly confusing to one and all. In Serial Number 3 column 2 above, no date and year has been specified and this will create unnecessary chaos and confusion. Besides, the State of Sikkim is the only State within the Indian Union where citizens are classified according to different dates and years for the applicability and enforcement of laws. You will appreciate the fact that April 26, 1975 has been agreed to as the “cut off year” by the State and the Central Government and our organisation has repeatedly urged the Central/ State Government to treat all citizens equally and without discrimination taking 26/04/1975 as the base year or cut off year. On behalf of the Samiti, I once again appeal the State Government to treat all citizens of India in Sikkim equally and without any discrimination in the matter of enforcement of laws to persons similarly situated. This will be in consonance with Article 14 of the Constitution of India read with the letter and spirit of Article 371F which came into force on 26/04/1975. I hope and trust that you will take immediate steps to undo the wrong perpetuated for over a decade.
1. Before I conclude, I request you to kindly issue:
(a) an appropriate Order/notification directing the concerned authorities of the State Government to issue Certificate of Identification to all citizens residing in Sikkim before 26/04/1975 treating them equally in the socio-economic and political fields; and
(b) recommend to the Government of India suggesting the amendment to the Income Tax Act, 1961, Sec.26AAA in the manner as under:
“26AAA, in case of an individual and descendents, being a person resident in Sikkim- before April 26, 1975, any income which accrues or arises to him/her.”
Thanking you,
Yours faithfully,
(PREM GOYAL)
Chief Co-ordinator
Nagrik Sangarsha Samiti
Copy to:
1. The Chief Secretary, Sikkim
2.The Principal Secretary, Home Department, Sikkim,
3.The Principal Secretary, Finance, Sikkim, for info. & necessary action pls.
Old Laws of Sikkim will be protected: Chamling
Sikkim Express | www.sikkimexpress.com
01 April, Gangtok: SDF Party President and Chief Minister Pawan Chamling has appealed people to come out in large numbers to exercise their franchise on April 27, the day of voting to elect members to 47 wards of urban local bodies in Sikkim. He also appealed voters to vote in favour of SDF candidates and elect them with a resounding majority.
“When Sikkim joined the mainstream of Indian Union Territory on 16 May, 1975 Gangtok Municipal Corporation was formed with nominated members to run the show. This Municipal Corporation was not constituted within a democratic framework of due process of elections. But the elections which are going to be held on April 27, 2010 will elect their representatives by the people exercising their franchise and their right. Hence , this election will be the first historic exercise which will form Municipal Corporation, Municipal Council and Nagar Panchayats in Sikkim. This will truly empower our urban citizens to participate more fully in local governance to make the State liveable “, said Chamling in his lection appeal.
Mentioning about the demarcated areas of different wards have touched some areas of Gram Panchayats , the SDF president asserted that the old laws of Sikkim will be fully protected.
“SDF party wants to make it clear that the old laws of Sikkim, protected by Article 371 (F) of Indian Constitution and the provisions of Revenue Order No.1 will be fully protected. The rules and regulation that would be formulated to govern the Corporation , Council and Nagar Panchayats will not in any form dilute the Sikkim’s distinct identity and special rights. They will also preserve and protect the old laws of Sikkim, said Chamling.He also added that the old businessmen community has been offered a voice in the local governance of their urban centres as well.
Stating that the upcoming historic municipal election offer golden opportunity to the citizens, in the urban areas to participate more fully, Chamling said that it is the ‘bounden duty of all people to participate in these elections.”
“The citizens of bazaar and town will have to discharge the full responsibilities diligently when these responsibilities come their way through power decentralization process, said Chamling.
Sikkim Express | www.sikkimexpress.com
01 April, Gangtok: SDF Party President and Chief Minister Pawan Chamling has appealed people to come out in large numbers to exercise their franchise on April 27, the day of voting to elect members to 47 wards of urban local bodies in Sikkim. He also appealed voters to vote in favour of SDF candidates and elect them with a resounding majority.
“When Sikkim joined the mainstream of Indian Union Territory on 16 May, 1975 Gangtok Municipal Corporation was formed with nominated members to run the show. This Municipal Corporation was not constituted within a democratic framework of due process of elections. But the elections which are going to be held on April 27, 2010 will elect their representatives by the people exercising their franchise and their right. Hence , this election will be the first historic exercise which will form Municipal Corporation, Municipal Council and Nagar Panchayats in Sikkim. This will truly empower our urban citizens to participate more fully in local governance to make the State liveable “, said Chamling in his lection appeal.
Mentioning about the demarcated areas of different wards have touched some areas of Gram Panchayats , the SDF president asserted that the old laws of Sikkim will be fully protected.
“SDF party wants to make it clear that the old laws of Sikkim, protected by Article 371 (F) of Indian Constitution and the provisions of Revenue Order No.1 will be fully protected. The rules and regulation that would be formulated to govern the Corporation , Council and Nagar Panchayats will not in any form dilute the Sikkim’s distinct identity and special rights. They will also preserve and protect the old laws of Sikkim, said Chamling.He also added that the old businessmen community has been offered a voice in the local governance of their urban centres as well.
Stating that the upcoming historic municipal election offer golden opportunity to the citizens, in the urban areas to participate more fully, Chamling said that it is the ‘bounden duty of all people to participate in these elections.”
“The citizens of bazaar and town will have to discharge the full responsibilities diligently when these responsibilities come their way through power decentralization process, said Chamling.
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