The Association of Old Settlers of Sikkim
Gangtok,Sikkim
Press Release
10.Aug 2010
The Association of Old Settlers of Sikkim is extremely grateful to Hon’ble Dr Pawan Chamling, Chief Minister of Sikkim for having announced “ residential status” for all those left out people who have been residing in the State prior to its merger with the Union thereby enabling them to all benefits as enjoyed by their Sikkim Subject brethren.
The generous announcement has come after great efforts and deliberations on his part in forming a public opinion and convincing all concerned that all old settlers are an integral part of the Sikkimese Society and deserve equal protection and opportunities.
Dr Chamling has been working relentlessly in this direction for years and more particularly after insertion of section 26AAA in Section 10 of the Income tax Act 1961 which has led to grievances of having been left out, from various sections of the society. Taking due cognizance of this fact his party resolved in the SDF manifesto 2009.. “ While protecting this achievement of securing exemption from the Central Income tax, our Government has not lost sight of the genuine demands of the old business community, old residents and old Government employees-both State and Central. Our Government is seized of the problem and we are going to strongly plead for equal rights..”
He further went on to bring about Resolution no 4 in SDF foundation day MahaAdhivesan at Rangpo on 4 March 2009 reiterating the stand of the popular Government in strong support of the Left Out Categories of the people.
Duly appreciating one and all representations made by various bodies/ associations including Association of Old settlers of Sikkim the Hon’ble Chief Minister brought about and passed a resolution in the Sikkim Legislative Assembly to this effect to be taken up with the concerned ministries of Government of India.
In so far as the Association of Old Settlers is concerned, we have received continuous support and guidance from the Hon’ble Chief Minister who inspired us to prepare a survey of old settlers of Sikkim belonging to business community who are settled in Sikkim prior to merger. A Survey of Old settlers of Sikkim belonging to the business community soliciting socio economic development has accordingly been prepared and submitted to the Government on 8th July 2009 for authentication and consideration for various privileges and opportunities as enjoyed by their Sikkimese brethren.
It is sincerely hoped that with this announcement all apprehensions of the Left Out people of Sikkim shall be put to rest as the same takes further shape in determining them and classifying them as a category for all welfare schemes.
S.K.Sarda
President
Association of Old Settlers of Sikkim
Gangtok
Mobile: 94340-23594
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
Tuesday, August 10, 2010
Monday, August 9, 2010
Residential Certificates should be issued after proper verification’
SE Report
GANGTOK, August 8: Terming Chief Minister Pawan Chamling’s announcement to issue ‘Residential Certificates’ to the left out business category citizens residing in Sikkim as ‘historic’, SDF North/East District publicity secretary Mohamad Khalid today said that the decision has fulfilled the promise of providing equal status and identity to the people residing since the time of the Chogyal regime.
“Now the old settlers, who were suppressed and mostly poor and backward in all business fields will get a renewed chance to stand up in their business again,” Khalid said in a press release issued today.
He has also thanked the Chief Minister for the historic decision. “This is also a proof that SDF’s slogan Bhotey, Lapchay, Nepali and Byapari is not a mere slogan of the party but was true,” he added.
Khalid has further requested that those residential certificates should be issued after proper verification only so that the facilities and opportunities provided by the government should not reach to wrong hands.
SE Report
GANGTOK, August 8: Terming Chief Minister Pawan Chamling’s announcement to issue ‘Residential Certificates’ to the left out business category citizens residing in Sikkim as ‘historic’, SDF North/East District publicity secretary Mohamad Khalid today said that the decision has fulfilled the promise of providing equal status and identity to the people residing since the time of the Chogyal regime.
“Now the old settlers, who were suppressed and mostly poor and backward in all business fields will get a renewed chance to stand up in their business again,” Khalid said in a press release issued today.
He has also thanked the Chief Minister for the historic decision. “This is also a proof that SDF’s slogan Bhotey, Lapchay, Nepali and Byapari is not a mere slogan of the party but was true,” he added.
Khalid has further requested that those residential certificates should be issued after proper verification only so that the facilities and opportunities provided by the government should not reach to wrong hands.
Thursday, August 5, 2010
CM announces Residential Certificates for others without Sikkim Subjects
by NIRMAL MANGAR
GANGTOK, August 4: Chief Minister Pawan Chamling today claimed that Pink Card drive of the Sikkim Democratic Front (SDF) government was chiefly aimed to free the Sikkimese people from the burden of income tax for eternity and to prevent a repeat of 1984.
“Sikkimese Janta were enjoying income tax exemption before 1984 but due to the wrong policy of the then government led to burden of income tax on the people. The industrialists and businessmen from outside reaped maximum benefits meant for the Sikkimese people. We were successfully in removing the income tax burden by convincing the Centre. Now, to prevent a repeat of the 1984 incident, we have come up with the concept of Pink Cards”, explained the Chief Minister during the State level Panchayat Sammelan here at indoor gymnasium hall of the Paljor Stadium.
Speaking for the first time on the concept of the ongoing Pink Card process which has already created a furore among the opposition camps, Chamling said that the Pink Card initiative will be implemented only after the end of this financial year.
We will take opinion from the people before implementing the Pink Card initiative after March 31, next year, said the Chief Minister directing the Panchayats to sensitize the people on the rationale behind the Pink Cards.
One of the major aims of the Pink Card initiative was to arrest the influx in Sikkim, according to the Chief Minister.
“Influx has risen in Sikkim in present times and Pink Cards will help to stop this. Those opposing the Pink Card initiative have to understand the objectives of this initiative to clear their doubts”, said Chamling pointing out that developed nations have also implemented such schemes to protect the local interests.
Chamling also announced that the State government will be issuing residential certificates to those people without Sikkim Subject certificates and had settled in the State before 1975. These certificates will help these people to get trade licenses, taxi licenses and employment in the State, he said.
A ‘Chief Minister’s Literacy Mission’ was also announced on the occasion with the aim to make Sikkim a fully literate State in the next three years. As per the mission, teenagers and aged persons will be given education by the State government.
“Sikkim must be made a fully literate State by 2013”, said Chamling. He said that additional infrastructure amounting to Rs. 25000 will be provided to each school for the mission where the target groups will be taught elementary English, Nepali and mathematics under the charge of the concerned panchayat.
Highlighting the need of quality education, the Chief Minister said the State government is spending Rs. 40,000 annually on each student while an astronomical amount of Rs. 378 crores is spent annually on salaries of the government teachers.
The Chief Minister also took the occasion to take a swipe against the opposition political parties, whom he said, were attacking the State government as they cannot digest the development of the State.
“The opposition parties do not love Sikkim and they are skilled in making allegations of every type just to defame Sikkim”, said Chamling.
The Chief Minister also announced to set up Block Administrative Centre at Parka-Machong, Chumbung-Chakung, Nandu Gaon and Martam.
The Chief Minister also presented the ‘Panchayat Shree’ awards to panchayat members-Meena Kumari Subba (West), Sarad Pradhan (South), Thinley Uzer Bhutia (North) and Deepak Pakhrin (East). The award consists of a citation, shawl and Rs 50,000.
by NIRMAL MANGAR
GANGTOK, August 4: Chief Minister Pawan Chamling today claimed that Pink Card drive of the Sikkim Democratic Front (SDF) government was chiefly aimed to free the Sikkimese people from the burden of income tax for eternity and to prevent a repeat of 1984.
“Sikkimese Janta were enjoying income tax exemption before 1984 but due to the wrong policy of the then government led to burden of income tax on the people. The industrialists and businessmen from outside reaped maximum benefits meant for the Sikkimese people. We were successfully in removing the income tax burden by convincing the Centre. Now, to prevent a repeat of the 1984 incident, we have come up with the concept of Pink Cards”, explained the Chief Minister during the State level Panchayat Sammelan here at indoor gymnasium hall of the Paljor Stadium.
Speaking for the first time on the concept of the ongoing Pink Card process which has already created a furore among the opposition camps, Chamling said that the Pink Card initiative will be implemented only after the end of this financial year.
We will take opinion from the people before implementing the Pink Card initiative after March 31, next year, said the Chief Minister directing the Panchayats to sensitize the people on the rationale behind the Pink Cards.
One of the major aims of the Pink Card initiative was to arrest the influx in Sikkim, according to the Chief Minister.
“Influx has risen in Sikkim in present times and Pink Cards will help to stop this. Those opposing the Pink Card initiative have to understand the objectives of this initiative to clear their doubts”, said Chamling pointing out that developed nations have also implemented such schemes to protect the local interests.
Chamling also announced that the State government will be issuing residential certificates to those people without Sikkim Subject certificates and had settled in the State before 1975. These certificates will help these people to get trade licenses, taxi licenses and employment in the State, he said.
A ‘Chief Minister’s Literacy Mission’ was also announced on the occasion with the aim to make Sikkim a fully literate State in the next three years. As per the mission, teenagers and aged persons will be given education by the State government.
“Sikkim must be made a fully literate State by 2013”, said Chamling. He said that additional infrastructure amounting to Rs. 25000 will be provided to each school for the mission where the target groups will be taught elementary English, Nepali and mathematics under the charge of the concerned panchayat.
Highlighting the need of quality education, the Chief Minister said the State government is spending Rs. 40,000 annually on each student while an astronomical amount of Rs. 378 crores is spent annually on salaries of the government teachers.
The Chief Minister also took the occasion to take a swipe against the opposition political parties, whom he said, were attacking the State government as they cannot digest the development of the State.
“The opposition parties do not love Sikkim and they are skilled in making allegations of every type just to defame Sikkim”, said Chamling.
The Chief Minister also announced to set up Block Administrative Centre at Parka-Machong, Chumbung-Chakung, Nandu Gaon and Martam.
The Chief Minister also presented the ‘Panchayat Shree’ awards to panchayat members-Meena Kumari Subba (West), Sarad Pradhan (South), Thinley Uzer Bhutia (North) and Deepak Pakhrin (East). The award consists of a citation, shawl and Rs 50,000.
JAC formed to pursue status for old settlers at par with Sikkim Subject holders
sikkim express Report
GANGTOK, August 4: A Joint Action Committee headed by Nagarik Sangrash Samiti president Prem Goyal has been constituted to pursue key issues pertaining to Indian citizens who have settled in Sikkim before the merger.
The JAC was set up during a meeting of ‘original Indian residents in Sikkim before April 26, 1975’ held yesterday at Gangtok. The meeting was to chalk out future course of action to get ‘status and rights’ at par with the Sikkim Subject certificate holders for those individuals and their families who had settled in Sikkim before the merger and do not have the Sikkim Subject Certificates.
Representatives from Sikkim Chamber of Commerce, Association of Old Settlers of Sikkim, Sikkim Bihari Jagaran Manch, Nagarik Sangrash Samiti and other citizens who fall under such category numbering around 200 had attended the meeting.
Satyanarayan Periwal had chaired the meeting which unanimously decided to form the JAC headed by Prem Goyal.
Goyal apprised the meeting that he has already filed a prayer petition in the Rajya Sabha last year requesting the intervention of the Union Government for ‘equal rights and status’ to those people in Sikkim who had settled in the State before the merger.
Goyal’s petition was supported by the meeting.
It was decided that the JAC will henceforth, will also work on the issue of income tax exemption for old settlers in Sikkim.
sikkim express Report
GANGTOK, August 4: A Joint Action Committee headed by Nagarik Sangrash Samiti president Prem Goyal has been constituted to pursue key issues pertaining to Indian citizens who have settled in Sikkim before the merger.
The JAC was set up during a meeting of ‘original Indian residents in Sikkim before April 26, 1975’ held yesterday at Gangtok. The meeting was to chalk out future course of action to get ‘status and rights’ at par with the Sikkim Subject certificate holders for those individuals and their families who had settled in Sikkim before the merger and do not have the Sikkim Subject Certificates.
Representatives from Sikkim Chamber of Commerce, Association of Old Settlers of Sikkim, Sikkim Bihari Jagaran Manch, Nagarik Sangrash Samiti and other citizens who fall under such category numbering around 200 had attended the meeting.
Satyanarayan Periwal had chaired the meeting which unanimously decided to form the JAC headed by Prem Goyal.
Goyal apprised the meeting that he has already filed a prayer petition in the Rajya Sabha last year requesting the intervention of the Union Government for ‘equal rights and status’ to those people in Sikkim who had settled in the State before the merger.
Goyal’s petition was supported by the meeting.
It was decided that the JAC will henceforth, will also work on the issue of income tax exemption for old settlers in Sikkim.
Thursday, July 29, 2010
Pink Card is not a replacement of Sikkim Subject certificate: SDF
Sikkim Express | www.sikkimexpress.com
GANGTOK, July 28: Rejecting the allegations of the opposition political parties, the ruling Sikkim Democratic Front (SDF) party has asserted that the Pink Cards slated to be distributed to the bonafide Sikkimese people are ‘not a replacement of the Sikkim Subject certificates’.
“Pink Card is not a replacement of Sikkim Subject certificates. It is like a smart card form of the Sikkim Subject certificates containing personal details of the holder”, said SDF spokesperson Bhim Dahal to reporters yesterday.
Defending the Pink Card drive of the State government, Dahal pointed out that even the Union government is in the process of distributing Unique Identification cards to the Indian citizens. We are all Indians but there are local rules everywhere and Sikkim is no exception and Pink Cards will be given to those holding Sikkim Subject certificates, he said.
The SDF spokesperson said that the Pink Card drive is a continuous process. The process will take 2 or 3 years to complete, he said.
The Sikkim Pradesh Congress Committee (SPCC) has been strongly objecting the Pink Card drive of the State government. It had warned the State government to launch a State-wide agitation if the Pink Card drive is not scraped by August 15.
Regarding the SPCC deadline, the SDF spokesperson said that the SPCC has been giving ultimatums to the State government for several years. They have not fulfilled anything, he said.
SDF functionaries KN Rai and KB Chamling said that the State government had conducted meetings at all levels to sensitize the people about the objectives behind the Pink Card drive.
The concerned department held meetings with the District Collectors of all the four districts who then briefed the sub-divisional authorities who sensitized the Zilla panchayats and gram panchayats, the duo said. The panchayats have briefed the people, they added.
Meanwhile, Matri Bhumi Suraksha Sanghathan (MBSS) today issued a press statement claiming irregularities between the statements of the SDF party and the concerned agency, the State Land Revenue department on the Pink Card issue.
The SDF party is saying that Pink Card is not a replacement for Sikkim Subject Certificate while the Land Revenue department is maintaining in its pamphlets that Pink Card is equivalent to Sikkim Subject certificate, said MBSS convener Duk Nath Nepal.
Nepal said that MBSS has been objecting to the Pink Card drive of the State government as the organization believes that the drive is an attempt to give validity to those 31,180 persons that have acquired Sikkim Subject certificates through fraudulent measures,
“What is to be seriously understood is about the fate of those people especially from neighbouring Darjeeling region who came to Sikkim in the late 70’s to work here. They spent their whole life here in service of Sikkim. Their children are born and brought up here in Sikkim and do not know about their ancestral homes outside Sikkim”, said Nepal.
“These people numbering to around 1 lakh do not have anything to show that they are from outside Sikkim or from Sikkim and now are without identity and the State government is least concerned about them and instead is focusing to give citizenship to people from other nations”, said the MBSS converner.
Sikkim Express | www.sikkimexpress.com
GANGTOK, July 28: Rejecting the allegations of the opposition political parties, the ruling Sikkim Democratic Front (SDF) party has asserted that the Pink Cards slated to be distributed to the bonafide Sikkimese people are ‘not a replacement of the Sikkim Subject certificates’.
“Pink Card is not a replacement of Sikkim Subject certificates. It is like a smart card form of the Sikkim Subject certificates containing personal details of the holder”, said SDF spokesperson Bhim Dahal to reporters yesterday.
Defending the Pink Card drive of the State government, Dahal pointed out that even the Union government is in the process of distributing Unique Identification cards to the Indian citizens. We are all Indians but there are local rules everywhere and Sikkim is no exception and Pink Cards will be given to those holding Sikkim Subject certificates, he said.
The SDF spokesperson said that the Pink Card drive is a continuous process. The process will take 2 or 3 years to complete, he said.
The Sikkim Pradesh Congress Committee (SPCC) has been strongly objecting the Pink Card drive of the State government. It had warned the State government to launch a State-wide agitation if the Pink Card drive is not scraped by August 15.
Regarding the SPCC deadline, the SDF spokesperson said that the SPCC has been giving ultimatums to the State government for several years. They have not fulfilled anything, he said.
SDF functionaries KN Rai and KB Chamling said that the State government had conducted meetings at all levels to sensitize the people about the objectives behind the Pink Card drive.
The concerned department held meetings with the District Collectors of all the four districts who then briefed the sub-divisional authorities who sensitized the Zilla panchayats and gram panchayats, the duo said. The panchayats have briefed the people, they added.
Meanwhile, Matri Bhumi Suraksha Sanghathan (MBSS) today issued a press statement claiming irregularities between the statements of the SDF party and the concerned agency, the State Land Revenue department on the Pink Card issue.
The SDF party is saying that Pink Card is not a replacement for Sikkim Subject Certificate while the Land Revenue department is maintaining in its pamphlets that Pink Card is equivalent to Sikkim Subject certificate, said MBSS convener Duk Nath Nepal.
Nepal said that MBSS has been objecting to the Pink Card drive of the State government as the organization believes that the drive is an attempt to give validity to those 31,180 persons that have acquired Sikkim Subject certificates through fraudulent measures,
“What is to be seriously understood is about the fate of those people especially from neighbouring Darjeeling region who came to Sikkim in the late 70’s to work here. They spent their whole life here in service of Sikkim. Their children are born and brought up here in Sikkim and do not know about their ancestral homes outside Sikkim”, said Nepal.
“These people numbering to around 1 lakh do not have anything to show that they are from outside Sikkim or from Sikkim and now are without identity and the State government is least concerned about them and instead is focusing to give citizenship to people from other nations”, said the MBSS converner.
Tuesday, July 27, 2010
Exemption from the purview of Central Income Tax, Nagrik Sangharsha Samiti- Press Release
source: VoiceofSikkim on Dec 09, 2009 | 7 Comments
Nagrik Sangharsha Samiti
Above Sri Niketan Mahatma Gandhi Marg, Gangtok, Sikkim
Ph- 03592-204008 Cell No: 09434109760, 09212974355
To,
The Chief Secretary
Government of Sikkim
Tashiling Secretariat
Gangtok 737 101
Sikkim.
Date: 07/12/09
Sub: Exemption from the purview of Central Income Tax
Sir:
With reference to the Notification No. 102/CT/20009 dated 23rd. June, 2009, I, on behalf of the Nagarik Sangharsha Samiti of Sikkim submitted a written representation dated August 29, 2009 and delivered the same personally in your office. A copy of the said letter is attached herewith for your ready reference.
2. From the contents of the Minutes of the Meeting held in your chamber on 08.10.2009 and signed by the Member Secretary Shri H.B. Rai, it is prima facie clear that the Committee constituted to consider exemption from the purview of Central Income Tax to left out individuals has not taken into consideration the contents of my representation and annexures thereto and ignored the same there by perpetuating injustice to all such persons (barring foreigners) residing in Sikkim before 26 April,1975. The Samiti expected a fair hearing before the Committee which is a normal administrative procedure in any democratic system.
3. I have carefully perused the contents of paragraph 2 of the Minutes of the Meeting of the aforesaid Committee. It is categorically stated therein that “there was no provision in the
Income Tax Act, 1961 for grant of income tax exemption to the left out individuals in the State f Sikkim”. As far as I am aware, there was no provision in the Income Tax Act,1961 for grant of income tax exemption to the erstwhile Sikkim Subject holders until Sec.10 of the Act was amended by the Finance Act,2008 which inserted 26AAA. The exemption granted to the erstwhile Sikkim Subject holders and others covered by Government of India Order No.26030/36/90-I ICI dated 7.8.1990 and 8.4.1991, is based on the Cabinet Memorandum No.06/Fin/Adm. dated 21.08.2007 the contents whereof are well within your knowledge as the same was signed by you as Additional Chief Secretary and Secretary-in-Charge, Finance, Revenue and Expenditure Department of the State Government ( A copy of the same is attached herewith for ready reference). The question of tax exemption was a long-pending political demand of the State of Sikkim and that the same has been agreed to and granted by the Centre under Sec.26AAA discriminating all such persons residing in the State before April 26, 1975. While pressing for tax exemption, the State Government appears to have totally forgotten the legitimate and genuine demands and expectations of all such persons (barring foreigners) who stood at par and became equal with the erstwhile Sikkim Subject holders as on April 26, 1975.
4. The Nagarik Sangharsha Samiti of Sikkim urges the State Government to put forward the case of the left out persons residing in Sikkim before April 26, 1975 for income tax exemption in the same manner in which tax exemption was secured for the erstwhile Sikkim Subject holders. This political demand is justified, legitimate and consistent with the role played by all such persons in the all-round development of Sikkim being equal in all respects.
5. Last but not the least, the tax recovery process initiated by the ITO, Ward: Sikkim State, through individual notices calling for the filing of returns for the assessment years 2008-9 and 2009-10 be forthwith stayed pending the consideration of our demand for tax exemption and equal treatment with the beneficiaries under Sec.26AAA. We further request that the Circular bearing No.14/Fin/Adm. Dated 12.11.2009 directing all government departments/agencies and authorities to initiate the process of TDS with effect from December, 2009 be similarly stayed and kept in abeyance till our demand is conceded to by the State and the Central Government through suitable amendment of the applicable law.
Thanking you, Yours faithfully,
Encl: 1) letter dated 29/08/09 (PREM GOYAL)
2) Minutes of the meeting dtd 08/10/09 Chief Coordinator
3) Cabinet memo no. 06/Fin/Adm dtd 21/08/2007
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7 comments
nawin kiran says:
December 9, 2009 at 11:33 am
I have been so called exempted from paying Central Income Tax Act, 1961. If it was so, I would have been sitting at home and praising Mr. Chamling. But I am not doing that because I know implementing Central Direct Taxes in has violated Article 371-F.
Hence, I am rather disappointed with the Old Settlers Association. NSS etc. they should have voiced along with us (ASESE&UA) and said “Direct Taxes should not be implemented at Sikkim at all”.
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Rating: +1 (from 1 vote) Tashi Pemba says:
December 10, 2009 at 3:54 am
SIKKIM POLITICS— SIKKIM SUBJECT
Posted by Tashi Pemba
Sikkim Subject :
You may bury an injustice but you can never kill an injustice.
Like Banquo’s ghost it will come back to haunt you till your death.
Today the term “Sikkim Subject” is being used to supposedly describe indigenous Sikkimese people .In fact the status is an absolute misnomer as the aforesaid “status” has been reinvented by a circuitous Sikkim government initiated ploy in 1989 to allow Nepalese of not known nationality who came to populate Sikkim after its merger with India in 1975 to become not only citizens of India but gain domicile status in the state of Sikkim.
Simultaneously the same central government directive by a sleight of hand allowed by this notification (obviously engineered by the state government) that all the old settlers of Sikkim other than Nepalese would be deprived of their constitutional right of domicile in the state as the rule allows only rural land owners to apply for Sikkim subject when the King’s laws specifically encouraged Indians to purchase land only in urban areas.
History.
The Sikkim Subject Regulations came into being in 1961 under the erstwhile King of Sikkim to stop the influx of Nepalese into his kingdom as they were posing a danger to the indigenous population. The regulations specifically allowed Sikkim subject status only to people settled in Sikkim for at least 14 years before promulgation i.e. 1961.
This law was specifically directed towards stopping Nepalese/Tibetan/Foreigners influx into Sikkim but has been construed today to deprive Indian people who have been in Sikkim for not 15 but 50 years before the act was extended in 1961.
This law also applied to all Nepalese/Tibetan immigrants and in fact even more so as they were also governed by the “Sikkim Work Permit Regulations” (till date in effect ) which further required that on entry into Sikkim they must be listed (unless they were Indians) and they were specifically were barred from any property rights in Sikkim.
Thus any entrants to Sikkim before 1974 must either be Indians or if they were stateless then they should have been registered under the work permit rules and there should be a record with the government of these people, and they alone if any, are entitled to Domicile status. All others must be considered as Foreigners without any rights.
In addition all Indians were protected by the 1950 Treaty of Peace and Friendship between Sikkim and India. The treaty specifically recognized the reciprocal rights of Sikkimese and Indians to settle in, own property and engage in commerce in each others territory without any let or hindrance.
The treaty specifically granted to Indian Citizens all the rights of citizenship under the Sikkimese Government and the 1961 regulations acknowledged this fact by not requiring Indians to apply for the aforesaid “Subject Status” to avail of any protection under Sikkim’s laws as absolutely equal citizens.
In fact the Indian community as a whole were treated absoloutely equally by the ruler and his administration without any discrimination whatsoever vis-à-vis the indigenous people. After the ruler was deposed in 1975 both “Padma Vibhushan Kazi” and “N.B. Bhandari” administrations continued the equal treatment and in fact even the current administration more or less continued the same policies till the passing of the Finance Act 2008 when Mr.Chidambaran was inveigled into pronouncing on the term “Sikkimese” in the Union Budget.
This opened a “Pandora’s box” and the “Chamling” government quickly started expanding on the term (Sikkimese and “Sikkim Subject”) to deprive a communally sensitive minority of their rights in a blatant attempt to try and foist an ethnically Nepalese state on the Indian union. (The indigenous people are a fast reducing minority who will like the Parsees soon face extinction and all the other communities have been deprived of Domicile status by a spate of bills in the Sikkim Assembly which even deprive them of Basic Human rights.)
Thus all others in spite of living in Sikkim for more than a hundred years are now not “Sikkim Subjects” ——all state protection and avenues of advancement are barred to them. (No hospital treatment/no educational benefits/no trade licenses/ no part in any state sponsored activity.)
In actual fact the Nepalese of unknown status(stateless according to petition of the “Bhandari” government in the petitions committee of Rajya Sabha) were granted both Indian citizenship and by a convoluted operative portion of the directive also became “Sikkim Subject’s” although “Sikkim Subject status” was specifically repealed by the Central Government when Sikkim joined the Indian Union .There cannot legally be any recognition of any status beyond “Indian Citizen” or “State Domicile” as these are the only two recognized status for a citizen of India.
However cleverly the above ‘Sikkimese” status pronounced by Mr. Chidamabaran is now being used as a logic to bestow citizenship (central government’s prerogative) in the state of Sikkim. The “Chamling” Government has in effect allowed Stateless persons to acquire a status above the actual Domiciled people of the state—a special citizenship granted by the state government. Any special status for foreigner’s would certainly in years to come translate into a fertile ground for anti –India forces to claim and proclaim sovereignty and other such mischievous claims in Sikkim.
Conclusion.
The fate of Jammu after Prime Minister Pandit Nehru’s tribe were thrown out and where today no Indians are left to protect or project India’s claims will surely descend on Sikkim too.
The constitutional anarchy attempted by the ‘Chamling” government in trying to foist a Nepalese population as absolute rulers on the minority indigenous Sikkimese and their natural allies “The Old Sikkimese of other than Nepalese origins” must and will result in the fall of the government for unconstitutional practices as soon as the central government or the Supreme court applies its mind to the subject as at the least basic protection under Articles 14 and 15 of the Constitution of India have been blatantly flouted.
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Rating: -1 (from 1 vote) simple citizen says:
December 10, 2009 at 11:01 pm
Mr. Tashi Pemba,
Your statements on Sikkim politics-Sikkim Subject should have been directed towards the settlement of Income Tax exemption to the Old Business Community of Sikkim but you ultimately concentrated on Nepali bashing only.You only treated The Sikkimese Nepalese as outcome of Influx from outside and treated them as foreigners on this land where the Nepalese have also given their fair share of contribution towards the making of Sikkim.As to the accusations of marginalization of our Indigenous Tribal brothers , They were mistreated, exploited, suppressed by their own Natural Allies before the coming of the Nepalese.On the questions of Stateless persons being given citizenship, they were exploited by the erstwhile Royals, Aristocracy and being poor and illiterate were never given a citizen’s status.Their being accorded Citizenship status is an act of Natural and Social justice.Lopsided comments on the unalienable rights of any community is another form of disguised “Communalism”. Our attention should be towards A better change in Sikkim where all communities enjoy equal rights and harmony.
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Rating: +1 (from 1 vote) daju says:
December 11, 2009 at 4:30 am
mr pemba ur article was really interesting n i do agree to it to a large extent…
n simple citizen wat i feel is u have misunderstood it and took it in a communal manner..But with due respect he hs clearly mentioned that people in sikkim who have been there before 1974 ought to be treated equally whether nepali tibetan bihari marwari or any other migrant alongwith the indigenous people of sikkim.
n d situation hs reached to such an extent that ppl from outside the state have been recognised as sikkim subject holdrs jst beccos they owe similaruty in appearance and language…
it is matter of grave concern if it is being done just to garner votes for d netas…
jst like in bengal, the bangladeshis are illegally acquiring indian citizenship through these dirty politicians as they have similarities in language and appearance.
its high time that all the sikkimese people unite and rise against these disturbing and distorting trends and this can only be done if it s done by keeping the cheap politics aside…
VA:F [1.6.1_878]
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Rating: 3.0/5 (1 vote cast)
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Rating: +1 (from 1 vote) simple citizen says:
December 11, 2009 at 9:57 am
Dear Daju,
The comments on the well researched article by Shri.Tashi Pemba was not perceived in a communal colour and it was not intended for hurting anybody, but some lines on the above mentioned article could have been stated in a more harmonious manner keeping the sensitivities of other people . No malice intended.
VA:F [1.6.1_878]
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Rating: 4.0/5 (1 vote cast)
VA:F [1.6.1_878]
Rating: +1 (from 1 vote) Save sikkim says:
December 11, 2009 at 10:53 am
Hello everyone, lets not be immature to discuss about nepali and bhutia when the politician are trying their best to create disharmony among we brothers……..let the old settlers get their demand,afterall even they have contributed a lot for sikkim….bottomline is we are indian and we need to be one and fight for a common cause,so cheers guys and look forward for chamlings downfall…
VA:F [1.6.1_878]
please wait...
Rating: 5.0/5 (1 vote cast)
VA:F [1.6.1_878]
Rating: +1 (from 1 vote) barun says:
July 27, 2010 at 4:29 am
hey to all u people, hey lets not cry over what is being done or what is supposed to be be done or what ought to be done.
Since childhood we have been brought up with a notion saying all that is done is supposed to be for a better purpose. It may bee a boon and a blessing in disguise.
All i want to say is that the law makers must have come upon a common cause and the bill was unanimously passed.
If it is a vested interest let their karma act on their behalf.
“viva sikkim”
VA:F [1.6.1_878]
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Rating: 0.0/5 (0 votes cast)
source: VoiceofSikkim on Dec 09, 2009 | 7 Comments
Nagrik Sangharsha Samiti
Above Sri Niketan Mahatma Gandhi Marg, Gangtok, Sikkim
Ph- 03592-204008 Cell No: 09434109760, 09212974355
To,
The Chief Secretary
Government of Sikkim
Tashiling Secretariat
Gangtok 737 101
Sikkim.
Date: 07/12/09
Sub: Exemption from the purview of Central Income Tax
Sir:
With reference to the Notification No. 102/CT/20009 dated 23rd. June, 2009, I, on behalf of the Nagarik Sangharsha Samiti of Sikkim submitted a written representation dated August 29, 2009 and delivered the same personally in your office. A copy of the said letter is attached herewith for your ready reference.
2. From the contents of the Minutes of the Meeting held in your chamber on 08.10.2009 and signed by the Member Secretary Shri H.B. Rai, it is prima facie clear that the Committee constituted to consider exemption from the purview of Central Income Tax to left out individuals has not taken into consideration the contents of my representation and annexures thereto and ignored the same there by perpetuating injustice to all such persons (barring foreigners) residing in Sikkim before 26 April,1975. The Samiti expected a fair hearing before the Committee which is a normal administrative procedure in any democratic system.
3. I have carefully perused the contents of paragraph 2 of the Minutes of the Meeting of the aforesaid Committee. It is categorically stated therein that “there was no provision in the
Income Tax Act, 1961 for grant of income tax exemption to the left out individuals in the State f Sikkim”. As far as I am aware, there was no provision in the Income Tax Act,1961 for grant of income tax exemption to the erstwhile Sikkim Subject holders until Sec.10 of the Act was amended by the Finance Act,2008 which inserted 26AAA. The exemption granted to the erstwhile Sikkim Subject holders and others covered by Government of India Order No.26030/36/90-I ICI dated 7.8.1990 and 8.4.1991, is based on the Cabinet Memorandum No.06/Fin/Adm. dated 21.08.2007 the contents whereof are well within your knowledge as the same was signed by you as Additional Chief Secretary and Secretary-in-Charge, Finance, Revenue and Expenditure Department of the State Government ( A copy of the same is attached herewith for ready reference). The question of tax exemption was a long-pending political demand of the State of Sikkim and that the same has been agreed to and granted by the Centre under Sec.26AAA discriminating all such persons residing in the State before April 26, 1975. While pressing for tax exemption, the State Government appears to have totally forgotten the legitimate and genuine demands and expectations of all such persons (barring foreigners) who stood at par and became equal with the erstwhile Sikkim Subject holders as on April 26, 1975.
4. The Nagarik Sangharsha Samiti of Sikkim urges the State Government to put forward the case of the left out persons residing in Sikkim before April 26, 1975 for income tax exemption in the same manner in which tax exemption was secured for the erstwhile Sikkim Subject holders. This political demand is justified, legitimate and consistent with the role played by all such persons in the all-round development of Sikkim being equal in all respects.
5. Last but not the least, the tax recovery process initiated by the ITO, Ward: Sikkim State, through individual notices calling for the filing of returns for the assessment years 2008-9 and 2009-10 be forthwith stayed pending the consideration of our demand for tax exemption and equal treatment with the beneficiaries under Sec.26AAA. We further request that the Circular bearing No.14/Fin/Adm. Dated 12.11.2009 directing all government departments/agencies and authorities to initiate the process of TDS with effect from December, 2009 be similarly stayed and kept in abeyance till our demand is conceded to by the State and the Central Government through suitable amendment of the applicable law.
Thanking you, Yours faithfully,
Encl: 1) letter dated 29/08/09 (PREM GOYAL)
2) Minutes of the meeting dtd 08/10/09 Chief Coordinator
3) Cabinet memo no. 06/Fin/Adm dtd 21/08/2007
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7 comments
nawin kiran says:
December 9, 2009 at 11:33 am
I have been so called exempted from paying Central Income Tax Act, 1961. If it was so, I would have been sitting at home and praising Mr. Chamling. But I am not doing that because I know implementing Central Direct Taxes in has violated Article 371-F.
Hence, I am rather disappointed with the Old Settlers Association. NSS etc. they should have voiced along with us (ASESE&UA) and said “Direct Taxes should not be implemented at Sikkim at all”.
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Rating: 2.0/5 (1 vote cast)
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Rating: +1 (from 1 vote) Tashi Pemba says:
December 10, 2009 at 3:54 am
SIKKIM POLITICS— SIKKIM SUBJECT
Posted by Tashi Pemba
Sikkim Subject :
You may bury an injustice but you can never kill an injustice.
Like Banquo’s ghost it will come back to haunt you till your death.
Today the term “Sikkim Subject” is being used to supposedly describe indigenous Sikkimese people .In fact the status is an absolute misnomer as the aforesaid “status” has been reinvented by a circuitous Sikkim government initiated ploy in 1989 to allow Nepalese of not known nationality who came to populate Sikkim after its merger with India in 1975 to become not only citizens of India but gain domicile status in the state of Sikkim.
Simultaneously the same central government directive by a sleight of hand allowed by this notification (obviously engineered by the state government) that all the old settlers of Sikkim other than Nepalese would be deprived of their constitutional right of domicile in the state as the rule allows only rural land owners to apply for Sikkim subject when the King’s laws specifically encouraged Indians to purchase land only in urban areas.
History.
The Sikkim Subject Regulations came into being in 1961 under the erstwhile King of Sikkim to stop the influx of Nepalese into his kingdom as they were posing a danger to the indigenous population. The regulations specifically allowed Sikkim subject status only to people settled in Sikkim for at least 14 years before promulgation i.e. 1961.
This law was specifically directed towards stopping Nepalese/Tibetan/Foreigners influx into Sikkim but has been construed today to deprive Indian people who have been in Sikkim for not 15 but 50 years before the act was extended in 1961.
This law also applied to all Nepalese/Tibetan immigrants and in fact even more so as they were also governed by the “Sikkim Work Permit Regulations” (till date in effect ) which further required that on entry into Sikkim they must be listed (unless they were Indians) and they were specifically were barred from any property rights in Sikkim.
Thus any entrants to Sikkim before 1974 must either be Indians or if they were stateless then they should have been registered under the work permit rules and there should be a record with the government of these people, and they alone if any, are entitled to Domicile status. All others must be considered as Foreigners without any rights.
In addition all Indians were protected by the 1950 Treaty of Peace and Friendship between Sikkim and India. The treaty specifically recognized the reciprocal rights of Sikkimese and Indians to settle in, own property and engage in commerce in each others territory without any let or hindrance.
The treaty specifically granted to Indian Citizens all the rights of citizenship under the Sikkimese Government and the 1961 regulations acknowledged this fact by not requiring Indians to apply for the aforesaid “Subject Status” to avail of any protection under Sikkim’s laws as absolutely equal citizens.
In fact the Indian community as a whole were treated absoloutely equally by the ruler and his administration without any discrimination whatsoever vis-à-vis the indigenous people. After the ruler was deposed in 1975 both “Padma Vibhushan Kazi” and “N.B. Bhandari” administrations continued the equal treatment and in fact even the current administration more or less continued the same policies till the passing of the Finance Act 2008 when Mr.Chidambaran was inveigled into pronouncing on the term “Sikkimese” in the Union Budget.
This opened a “Pandora’s box” and the “Chamling” government quickly started expanding on the term (Sikkimese and “Sikkim Subject”) to deprive a communally sensitive minority of their rights in a blatant attempt to try and foist an ethnically Nepalese state on the Indian union. (The indigenous people are a fast reducing minority who will like the Parsees soon face extinction and all the other communities have been deprived of Domicile status by a spate of bills in the Sikkim Assembly which even deprive them of Basic Human rights.)
Thus all others in spite of living in Sikkim for more than a hundred years are now not “Sikkim Subjects” ——all state protection and avenues of advancement are barred to them. (No hospital treatment/no educational benefits/no trade licenses/ no part in any state sponsored activity.)
In actual fact the Nepalese of unknown status(stateless according to petition of the “Bhandari” government in the petitions committee of Rajya Sabha) were granted both Indian citizenship and by a convoluted operative portion of the directive also became “Sikkim Subject’s” although “Sikkim Subject status” was specifically repealed by the Central Government when Sikkim joined the Indian Union .There cannot legally be any recognition of any status beyond “Indian Citizen” or “State Domicile” as these are the only two recognized status for a citizen of India.
However cleverly the above ‘Sikkimese” status pronounced by Mr. Chidamabaran is now being used as a logic to bestow citizenship (central government’s prerogative) in the state of Sikkim. The “Chamling” Government has in effect allowed Stateless persons to acquire a status above the actual Domiciled people of the state—a special citizenship granted by the state government. Any special status for foreigner’s would certainly in years to come translate into a fertile ground for anti –India forces to claim and proclaim sovereignty and other such mischievous claims in Sikkim.
Conclusion.
The fate of Jammu after Prime Minister Pandit Nehru’s tribe were thrown out and where today no Indians are left to protect or project India’s claims will surely descend on Sikkim too.
The constitutional anarchy attempted by the ‘Chamling” government in trying to foist a Nepalese population as absolute rulers on the minority indigenous Sikkimese and their natural allies “The Old Sikkimese of other than Nepalese origins” must and will result in the fall of the government for unconstitutional practices as soon as the central government or the Supreme court applies its mind to the subject as at the least basic protection under Articles 14 and 15 of the Constitution of India have been blatantly flouted.
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Rating: -1 (from 1 vote) simple citizen says:
December 10, 2009 at 11:01 pm
Mr. Tashi Pemba,
Your statements on Sikkim politics-Sikkim Subject should have been directed towards the settlement of Income Tax exemption to the Old Business Community of Sikkim but you ultimately concentrated on Nepali bashing only.You only treated The Sikkimese Nepalese as outcome of Influx from outside and treated them as foreigners on this land where the Nepalese have also given their fair share of contribution towards the making of Sikkim.As to the accusations of marginalization of our Indigenous Tribal brothers , They were mistreated, exploited, suppressed by their own Natural Allies before the coming of the Nepalese.On the questions of Stateless persons being given citizenship, they were exploited by the erstwhile Royals, Aristocracy and being poor and illiterate were never given a citizen’s status.Their being accorded Citizenship status is an act of Natural and Social justice.Lopsided comments on the unalienable rights of any community is another form of disguised “Communalism”. Our attention should be towards A better change in Sikkim where all communities enjoy equal rights and harmony.
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Rating: +1 (from 1 vote) daju says:
December 11, 2009 at 4:30 am
mr pemba ur article was really interesting n i do agree to it to a large extent…
n simple citizen wat i feel is u have misunderstood it and took it in a communal manner..But with due respect he hs clearly mentioned that people in sikkim who have been there before 1974 ought to be treated equally whether nepali tibetan bihari marwari or any other migrant alongwith the indigenous people of sikkim.
n d situation hs reached to such an extent that ppl from outside the state have been recognised as sikkim subject holdrs jst beccos they owe similaruty in appearance and language…
it is matter of grave concern if it is being done just to garner votes for d netas…
jst like in bengal, the bangladeshis are illegally acquiring indian citizenship through these dirty politicians as they have similarities in language and appearance.
its high time that all the sikkimese people unite and rise against these disturbing and distorting trends and this can only be done if it s done by keeping the cheap politics aside…
VA:F [1.6.1_878]
please wait...
Rating: 3.0/5 (1 vote cast)
VA:F [1.6.1_878]
Rating: +1 (from 1 vote) simple citizen says:
December 11, 2009 at 9:57 am
Dear Daju,
The comments on the well researched article by Shri.Tashi Pemba was not perceived in a communal colour and it was not intended for hurting anybody, but some lines on the above mentioned article could have been stated in a more harmonious manner keeping the sensitivities of other people . No malice intended.
VA:F [1.6.1_878]
please wait...
Rating: 4.0/5 (1 vote cast)
VA:F [1.6.1_878]
Rating: +1 (from 1 vote) Save sikkim says:
December 11, 2009 at 10:53 am
Hello everyone, lets not be immature to discuss about nepali and bhutia when the politician are trying their best to create disharmony among we brothers……..let the old settlers get their demand,afterall even they have contributed a lot for sikkim….bottomline is we are indian and we need to be one and fight for a common cause,so cheers guys and look forward for chamlings downfall…
VA:F [1.6.1_878]
please wait...
Rating: 5.0/5 (1 vote cast)
VA:F [1.6.1_878]
Rating: +1 (from 1 vote) barun says:
July 27, 2010 at 4:29 am
hey to all u people, hey lets not cry over what is being done or what is supposed to be be done or what ought to be done.
Since childhood we have been brought up with a notion saying all that is done is supposed to be for a better purpose. It may bee a boon and a blessing in disguise.
All i want to say is that the law makers must have come upon a common cause and the bill was unanimously passed.
If it is a vested interest let their karma act on their behalf.
“viva sikkim”
VA:F [1.6.1_878]
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Rating: 0.0/5 (0 votes cast)
Thursday, July 15, 2010
AOS congratulates CM on Bhanu Puraskar
Sikkim Express Report
GANGTOK, July 14: The Association of Old Settlers in its executive meeting held on July 14 has congratulated Chief Minister Pawan Chamling “Kiran” on being conferred with Bhanu Puraskar by the Nepali Sahitya Parishad.
Bhanu Puraskar 2010 was handed over to Pawan Chamling “Kiran” by Governor BP Sing on the occasion of Bhanu Jayanti yesterday.
“Mr. Chamling is a poet and visionary leader par excellence. Sikkim has made enormous progress under his leadership. Now it is ahead of many other States in many fields. Tourism has brought great benefits to the masses in Sikkim creating job opportunities to many aspiring youths,” AOS press release reads.
The release further reads, “His efforts to urge farmers not to use chemicals in the fields will create huge benefits to farmers when they will be able to market chemical free farm products which is a big craze now a days among the effluents class in the cities.”
It further said that the capacity building programme which is now under good momentum will make Sikkim youth skilled in many fields providing opportunities worldwide to them.
Setting up of Sikkim University, Sikkim Manipal University and now National
Institute of Technology will enrich the youth in various disciplines of
life making them dedicated leaders of future, adds AOS president SK Sarda in the release.
Sikkim Express Report
GANGTOK, July 14: The Association of Old Settlers in its executive meeting held on July 14 has congratulated Chief Minister Pawan Chamling “Kiran” on being conferred with Bhanu Puraskar by the Nepali Sahitya Parishad.
Bhanu Puraskar 2010 was handed over to Pawan Chamling “Kiran” by Governor BP Sing on the occasion of Bhanu Jayanti yesterday.
“Mr. Chamling is a poet and visionary leader par excellence. Sikkim has made enormous progress under his leadership. Now it is ahead of many other States in many fields. Tourism has brought great benefits to the masses in Sikkim creating job opportunities to many aspiring youths,” AOS press release reads.
The release further reads, “His efforts to urge farmers not to use chemicals in the fields will create huge benefits to farmers when they will be able to market chemical free farm products which is a big craze now a days among the effluents class in the cities.”
It further said that the capacity building programme which is now under good momentum will make Sikkim youth skilled in many fields providing opportunities worldwide to them.
Setting up of Sikkim University, Sikkim Manipal University and now National
Institute of Technology will enrich the youth in various disciplines of
life making them dedicated leaders of future, adds AOS president SK Sarda in the release.
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