THE ETHNIC PEOPLE OF SIKKIM
C.K. Dorjee*
Tugged in the lap of the Himalayas, Sikkim is one of the most beautiful States of India. Much of the 7300 sq.km of Sikkm is interlaced with jungle-clad ridges and deep ravines created by the mountain rivers, emerald valleys and dense forests.
The waterfalls, rivulets, lakes and the abundance of orchids and rhododendrons make this Himalayan State, what the original Lepcha inhabitants call it Myel Lyang – "the land of hidden paraduse". To the Bhutias, it is Beyul Demojong – the hidden valley of rice and the Limbus call it Su khim, which means ‘the new house’. The landscape of this tiny State is dominated by the world’s highest mountain peaks. Dominating them all is Kangchendzonga, the third highest mountain on earth.
Strange as it may sound, Mt. Kangchendzonga has played a major unifying role among the three ethnic communities of Sikkim. One strong evidence of this is the absorption of Mt. Kangchendzonga into the Buddhist ceremonies. This mountain has been worshipped by the Lepchas from very early times. Yet today, it is equally revered by the Bhutias and Nepalese. Pang Lhabsol is an annual festival celebrated to commemorate the consecration of Mt. Kangchendzonga as the guardian deity of Sikkim.
Sikkim was ruled by the Namgyal dynasty till 1975. In April 1975, the erstwhile Himalayan kingdom became the 22nd State of India by the thirty-eighth Amendment Act of the Constitution. Sikkim thus merged with the Indian Union bringing to an end more than 300 years of monarchy. Chogyal Palden Thondup Namgyal was the last ruler of the Namgyal dynastry.
The population of Sikkim is 5 lakh 40 thousand, mainly consisting of the Nepalese, the Lepchas and the Bhutias. Of these, the Nepalese are the largest in number followed by the Bhutia and Lepcha communities. A small number of people from other parts of the country have also settled in Sikkim. Despite such an ethnic diversity, a remarkable feature of Sikkimese society is the tolerance and acceptance of different cultures and their harmonious co-existence.
The Lepchas
The Lepchas are the earliest settlers of Sikkim. They call themselves – "Rongkup", meaning the children of Rong. Regarding their origin, the anthropologists and historians are still debating whether the Lepchas belong to one of the Naga tribes or are associated with the Jimdars and Mech in their eastward migration from Nepal. Some scholars have found a similarity between the Lepachas and the tribes in Arunachal Pradesh. Yet some others contend they are related to the Khasis in Meghalaya. The Lepchas themselves are convinced that their home has always been the legendary kingdom of Mayel in the vicinity of Mt. Kangchendzonga. In fact, most Lepcha clans claim to have mythical connections with particular mountain peaks which they worship as their deity. Thus the mountains Simvo, Siniolchu and Kanchenjua find prominence in the Lepcha culture.
The Lepchas have their own language and script. The Lepcha language is one of the eleven official languages recognized by the Sikkim government and is taught up to the high school level. The Lepcha dances, songs and folk tales reflect a wonderful synthesis between men and nature.
The Bhutias
The Bhutias are mainly descendants of the early settlers in Sikkim from Tibet and Bhutan who accompanied the ancestors of the first Chogyal, Phuntsok Namgyal. The members of the former Namgyal dynasty belong to this ethnic group. The early Bhutias had three distinctive social classes-the aristocracy, the quasi aristocracy – those belonging to the leading Bhutia families who were land holders and were called Kazis- and the commoners. When the monarchy was abolished, these social distinctions also lost their relevance.
Tibetan Budhism played a special role in shaping the Bhutia society. The monasteries and the monks are the pivot around whom their daily lives revolve. Every household ritual, marriage, birth, death ceremonies and agricultural rites are conducted by the monks from the Gompas which are prominent in all the Bhutia and Lepcha villages. The faith generated by Buddhism is total and the devotion of the laity to the monastery is absolute.
Like the Lepchas and the Nepalese, the Bhutias are fond of their "chang", the local brew. This preparation from fermented millet is served in bamboo containers. It has become an indispensable part of every Sikkimese ceremony, whether religious or secular.
The Bhutias are famous for their weaving, wood carving and theThanka painting. The hand-woven rugs, carpets and blankets and the exquisite Thankas displayed in the State Handicraft Centre at Gangtok are proof of this skill.
The important festivals observed by the Bhutia community include Losoong, Pang Lhabsol, Kagyat dance and Saga Dawa.
The Nepalese
The Nepalese community of Sikkim is itself a conglomeration of diverse ethnic groups, some speaking their own vernacular. Nepali is the lingua franca of all the Sikkimese people. These ethnic groups can be roughtly divided between the Magars, Murmis, Tamangs, Gurungs, Rais, Limbus, Damis, Kamis, Bahuns and the Chhetris.
Most Nepalese are Hindus or Buddhists. Some of them have also adopted Christianity. The Hindu Nepali populace of Sikkim follows the ethos which governs its counterparts elsewhere in the country.
The Rais, Limbus, Magars, Murmis, Tamangs and Gurungs have somewhat similar physical characteristics inasmuch as they are all Mongoloid. But each group has its own distinctive culture. These ethnic groups have been known for their bravery and a large number of them have served as soldiers in the British and Indian armies. The major festivals of the Hindu Nepalese in Sikkim are Dasain, Teohar, Makar Sankranti and Baisakhi.
Sikkim is one of the most peaceful States in the country and the ethnic groups with their different languages, dialects, cultural backgrounds live in total harmony, symbolizing the essence of unity in diversity. Like the rainbow with its beautiful multicolored shades, the people in this small Himalayan State have set an example as to how different ethnic groups can coexist and mingle with each other in total peace and tranquility. (PIB Features)
*News Editor, AIR, Gangtok
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, November 26, 2011
Friday, November 18, 2011
OBC status for left out communities ‘golden opportunity’ for SDF: SHRP
GANGTOK, 17 Nov: The “high level committee” of the Sikkim Himali Rajya Parisad Party convened a meeting chaired by its president, AD Subba at its headquarters today. The meeting discussed the present political scenario of the state and the political strategies that the party needs to adopt, informs a press release.
Dr. Subba, informing about the central government’s decision to include the left out communities in the Other Backward Communities list across the country, expressed that it has given a golden opportunity for the SDF Government to show its consideration towards the left out communities.
The SHRP president contended that these communities, included in the state OBC status, now have to be included into the national OBC list, for which the party would submit a memorandum to the state as well to the central government, he informed.
Mr. Subba also expressed that the inclusion of Newar, Chettri and Bahun communities in the national OBC list would bring about the possibility of other left out communities to be included into the Scheduled Tribe category, the release adds.
source:Sikkim NOW
GANGTOK, 17 Nov: The “high level committee” of the Sikkim Himali Rajya Parisad Party convened a meeting chaired by its president, AD Subba at its headquarters today. The meeting discussed the present political scenario of the state and the political strategies that the party needs to adopt, informs a press release.
Dr. Subba, informing about the central government’s decision to include the left out communities in the Other Backward Communities list across the country, expressed that it has given a golden opportunity for the SDF Government to show its consideration towards the left out communities.
The SHRP president contended that these communities, included in the state OBC status, now have to be included into the national OBC list, for which the party would submit a memorandum to the state as well to the central government, he informed.
Mr. Subba also expressed that the inclusion of Newar, Chettri and Bahun communities in the national OBC list would bring about the possibility of other left out communities to be included into the Scheduled Tribe category, the release adds.
source:Sikkim NOW
Wednesday, November 16, 2011
Friday, November 11, 2011
SHRP welcomes umbrella organization of different communities for tribal status
source:Sikkim Now
GANGTOK, 09 Nov: Sikkim Himali Rajya Parisad Party has welcomed and supported the move of different community organizations to come under one banner and demand the tribal status for left out communities.
The party contending that such a move is free from political motives has congratulated these organizations.
A SHRPP press release issued by its general secretary, Tara Shrestha informs that a meeting was convened today under the president, Dr AD Subba to discuss on the same. The party has also suggested that before providing the tribal status, it is important and mandatory to place a united demand to include Chettri, Bahun and Newar into the central OBC list.
Today’s meeting urged the people to request the state government to withdraw Prof Roy Burman Commission and to review the subject again. The party urged the civil society to take part in a strong manner and also to take suggestions and support from Bhutia-Lepcha communities, according to the release.
source:Sikkim Now
GANGTOK, 09 Nov: Sikkim Himali Rajya Parisad Party has welcomed and supported the move of different community organizations to come under one banner and demand the tribal status for left out communities.
The party contending that such a move is free from political motives has congratulated these organizations.
A SHRPP press release issued by its general secretary, Tara Shrestha informs that a meeting was convened today under the president, Dr AD Subba to discuss on the same. The party has also suggested that before providing the tribal status, it is important and mandatory to place a united demand to include Chettri, Bahun and Newar into the central OBC list.
Today’s meeting urged the people to request the state government to withdraw Prof Roy Burman Commission and to review the subject again. The party urged the civil society to take part in a strong manner and also to take suggestions and support from Bhutia-Lepcha communities, according to the release.
Tuesday, November 8, 2011
About Old settlers in "Sikkim Now".
Apr 02, 2011
Apr 02, 2011
GANGTOK: The Association of Old Settlers of Sikkim has announced strong support for the 48-hour Sikkim Bandh called by the Sikkim Democratic Front on the various demands pending with the Central Government including ...
Mar 24, 2011
Mar 24, 2011
... for reservation of seats for the enlisted tribals of Limboo and Tamang communities without disturbing the 12 seats reserved for the BL communities and also to secure Income Tax exemption for the old settlers of the State. ...
May 27, 2011
May 27, 2011
The letter argues, “the government is issuing Residential Certificates to old settlers in the state who can justify their stay in the state prior to 26/04/1975 under the ambit of same notification issuing COI to 5 (five) categories of ...
Mar 05, 2011
Mar 05, 2011
“The SDF party is the party of the people and was born to protect the rights of the Lepchas, Bhutias, Nepalis and the Old Settlers of Sikkim,” he contended. “This is the fourth term of the SDF party in the state and this has been ...
1
Mar 28, 2011
Mar 28, 2011
... of Sikkim Subjects Regulation, 1961; all the old settlers, i.e., the business community who have been residing continuously and had permanently settled in Sikkim prior to the enactment of Sikkim Subject Regulation, 1961; ...
Mar 31, 2011
Mar 31, 2011
Also included in the list are the demands for immediate reservation of seats for Limboo and Tamang communities in the State Assembly, tribal status for all others as well and Income Tax exemption for the old settlers. ...
2
What is positive for someone could often be exactly the opposite for someone else. Say for instance, a healthy person is bad news for the doctor. Ditto is the case of Bihar. After years of stagnation and illness, the state has been in the limelight for rapid economic growth in recent times. Great turnaround for Bihar! But as it turns out, this hasn't been too good a thing for real estate and infrastructure firms in other parts of the country. Why? The answer is simple. The state had been one of the biggest exporters of migrant labour to other states, comprising about 50% of the unskilled workers employed in these sectors across the country. Now thanks to increased government expenditure and private investment there, rural migration has fallen significantly, almost by 30% in recent years. This has not only caused labour shortage but has also pushed up wage costs for real estate companies. While the economic progress in Bihar bodes well for its people, the supply of chea p migrant labour to other places is set to decline.
Monday, November 7, 2011
DoNER minister praises Sikkim
source:iSikkim
7 Nov 2011
Paban Singh Ghatowar, Hon’ble Minister of State (Independent Charge) for Development of North Eastern Region (DoNER) and Minister of State for Parliamentary Affairs, Government of India paid a two-day visit to Sikkim from 2nd November to 3rd November 2011. The Hon’ble Minister was accompanied by P.K. Pattaniak, Joint Secretary, Ministry of DoNER.
On arrival, the Hon’ble Minister called on H.E. the Governor and the Hon’ble Chief Minister. The Hon’ble Chief Minister hosted a dinner in his honour at Samman Bhawan on 2nd November 2011 which was also attended by H.E. the Governor, Hon’ble Ministers and other dignitaries.
IPR
The Hon’ble Minister of State for DoNER chaired a meeting at Chintan Bhawan on 3rd November 2011 at 9.AM to review the NLCPR & NEC projects in Sikkim. The meeting was attended by the Chief Secretary, Additional Chief Secretary and Secretaries. The Minister expressed his satisfaction with the implementation of the projects and lauded Sikkim for being one of the best performing States in the North East Region. He stressed that the pace of work must be hastened especially in view of the recent earthquake in order to avail of the maximum assistance from the Central Government. He informed that the Prime Minister had assured that Sikkim would be granted financial assisatance over and above Rs. 1000 crores already announced and advised that schemes for utilization of this special grant must be finalized on priority basis.
In addition, the Hon’ble Minister of State also informed that the Government of India has launched a new Central Sector Scheme called NLCPR-Central under which funding will be available to Union Ministries/Departments for taking up projects in North Eastern States with the objective to enhance budgetary flow over and above the existing mandatory 10% earmarking. The MoS announced that under this new scheme, one of the first projects to be taken up will be one relating to improving the power transmission lines in Sikkim
source:iSikkim
7 Nov 2011
Paban Singh Ghatowar, Hon’ble Minister of State (Independent Charge) for Development of North Eastern Region (DoNER) and Minister of State for Parliamentary Affairs, Government of India paid a two-day visit to Sikkim from 2nd November to 3rd November 2011. The Hon’ble Minister was accompanied by P.K. Pattaniak, Joint Secretary, Ministry of DoNER.
On arrival, the Hon’ble Minister called on H.E. the Governor and the Hon’ble Chief Minister. The Hon’ble Chief Minister hosted a dinner in his honour at Samman Bhawan on 2nd November 2011 which was also attended by H.E. the Governor, Hon’ble Ministers and other dignitaries.
IPR
The Hon’ble Minister of State for DoNER chaired a meeting at Chintan Bhawan on 3rd November 2011 at 9.AM to review the NLCPR & NEC projects in Sikkim. The meeting was attended by the Chief Secretary, Additional Chief Secretary and Secretaries. The Minister expressed his satisfaction with the implementation of the projects and lauded Sikkim for being one of the best performing States in the North East Region. He stressed that the pace of work must be hastened especially in view of the recent earthquake in order to avail of the maximum assistance from the Central Government. He informed that the Prime Minister had assured that Sikkim would be granted financial assisatance over and above Rs. 1000 crores already announced and advised that schemes for utilization of this special grant must be finalized on priority basis.
In addition, the Hon’ble Minister of State also informed that the Government of India has launched a new Central Sector Scheme called NLCPR-Central under which funding will be available to Union Ministries/Departments for taking up projects in North Eastern States with the objective to enhance budgetary flow over and above the existing mandatory 10% earmarking. The MoS announced that under this new scheme, one of the first projects to be taken up will be one relating to improving the power transmission lines in Sikkim
Sunday, November 6, 2011
Wednesday, October 19, 2011
Sunday, October 9, 2011
Bhandari's frankness
by DR RAMESH KHATRY
Dashain swallowed the rage over Defence Minister Sarat Singh Bhandari’s statement on September 26—no law could stop 22 Tarai districts from seceding if they didn’t get their due. The Baidya faction of UCPN (Maoist) held torch rallies and effigy-burning functions to demand Bhandari’s resignation. Mohan Baidya complained that Bhandari’s outburst could lead to “sikkimization” of the Tarai. In other words, India can annex these 22 Tarai districts as it did Sikkim, making the former kingdom its 22nd state in 1975. Upendra Yadav, who can never explain the logic behind his Mechi to Mahakali “One Madesh, One Pradesh” slogan hypocritically joined in the condemnation.
CLOSE CALLS TOWARD ANNEXATION WITH INDIA
Nepal almost became part of India at least four times. In 1801, the mad king Rana Bahadur Shah went on pilgrimage to Benares. Historian Stiller (The Rise of the House of Gorkha, pp 260-1) tells us that Rana Bahadur could’ve sold our country to the British East India Company had he received a monthly salary of Rs 30,000. In 1951, King Tribhuvan asked Pandit Jawaharlal Nehru three times to annex Nepal (Sanu Bhai Dangol, The Palace in Nepalese Politics, pp 66-7). Quoting the late Nepali Congress leader Bal Bahadur Rai, Author Surya Bahadur Sen wrote in his Nepali publication (Brain Bomb, pp 126, 218) that Tribhuvan offered our country to Nehru for Rs 30,000,000. During Panchayat years, we grew up guessing which country would ultimately annex Nepal, the mama (maternal-uncle China) or the kaka (uncle India). Sarat Singh Bhandari merely articulated openly what others whisper.
NEPAL’S “SIKKIM” BACKGROUND
When India gained independence from Britain in 1947, political parties began their activities in the kingdom of Sikkim. They wanted the abolition of feudalism and a popularly elected government. Chogyal (god-king) Palden Thondup Namgyal with his American wife resisted such liberalities. In 1950, Sikkim and India signed a treaty that made the former an Indian protectorate. India handled Sikkim’s external relations, defence, and strategic communications.
History after the removal of the Rana yoke in 1951 tells us that India wanted to maintain a similar relationship with Nepal. King Tribhuvan, grateful to Jawaharlal Nehru for his throne, and PM Matrika Prasad Koirala, whom Nehru favored over the brash B P Koirala, mostly danced to Indian tunes. On January 31, 1952, Matrika sent a letter to Nehru, and asked for an Indian military mission to help Nepal streamline its own army (A Role in Revolution, pp 205-6). India wanted to handle Nepal’s foreign relations as well. On April 25 of the same year, Nehru wrote to Tribhuvan to suggest that Nepal should coordinate its foreign policy in consultation with India and also seek her advice before hiring foreign personnel.
His letter to Matrika on that very date suggests that direct link with the US can cause confusion! On June 21, Nehru complains to Matrika that foreigners have poured into Nepal without India’s knowledge. After discussions between foreign ministers of both countries on May 8, 1954, India says that its missions overseas can represent Nepal if the latter so desires. That very year, Nehru declared, “What Tibet is to China, Nepal is to India.” India almost managed to make Nepal another protectorate like Sikkim. Nepali prime ministers and kings, mainly Mahendra, very carefully maintained our country’s independence.
What shall we do with our Defence Minister Sarat Singh Bhandari? Ask him to resign? Burn more of his effigies? No, rather felicitate him for his frankness.
Sikkim didn’t show such resistance. Kaji Lendup Dorji, the chief minister, led the 1973 anti-Chogyal demonstrations. In the April 1974 elections, Dorji’s Sikkim Congress Party won 31 out of 32 assembly seats; and engineered the 1975 referendum’s 97 percent vote to accede to India. Perhaps, Sikkim would’ve remained an independent state had the Chogyal been more democratic.
WARNING TO UCPN (MAOIST)
Sarat Singh Bhandari’s frank confession should serve as a warning to the biggest party in our country. If the UCPN (Maoist) doesn’t deliver soon enough, it may find that all 75 districts of Nepal want to become India’s latest state rather than remain under the proposed autocratic, dictatorial Maoist rule. No other than Mohan Baidya Kiran should take this caution very seriously.
So far, Baidya has resisted whatever “democratic” moves PM Bhattarai has made. (Bhattarai still appears a wolf in sheep’s clothing, but let’s give him the benefit of doubt.) Baidya doesn’t want to return Maoist-looted properties. He resents handing over the key of the Maoist armaments to the government. Critics say that this symbolic action has no meaning because the Maoist army still remains under the former rebels’ control. Baidya’s crony C P Gajurel asks for a “third people’s revolt”, as if the impoverished Nepali population has nothing better to do. In 2008, Baidya opined that our country had too much press freedom; and his party would act to curtail it. It did try in vain that very year.
We needn’t even consider Pushpa Kamal Dahal who bungled his nine month rule so badly that he remains forever licking his wounds. In that vein, we can take his latest remark that he had to make Baburam Bhattarai the PM. However, Nepal’s first PhD PM Baburam Bhattarai seems no different than other Maoist leaders. His recent US visit inspired him to lie on his return that he hadn’t promised to conclude the peace process in 45 days. On September 2, he pledged to end impunity. Instead, his latest action seems to award Maoist crimes immunity. Just before Dashain, his cabinet almost requested the president to pardon Maoist murderer-”lawmaker” Balkrishna Dhungel.
Frankly speaking, the average Nepali doesn’t care who rules over the country provided the government grants the basic needs and fundamental rights. On that regard, one prefers Sikkim to Tibet. Writers and artists languish in Chinese prisons merely for expressing themselves. Modelling itself on Mao’s China, the UCPN (Maoist) has shared long enough rosy dreams—making Nepal into Switzerland within 10 years, performing miracles, and delivering leap-frogging economic growth.
Now face the hard reality—after three years we don’t even have a democratic constitution because at heart the UCPN (Maoist) wants a North Korean model, the peace process hasn’t concluded because the Maoists still dream of “capturing the state”, and our economy limps below 3 percent mainly because of Maoist trade unionism. Being the largest party, the UCPN (Maoist) didn’t allow a Nepali Congress- or a UML-led government to succeed because it wanted all the credit. Now, you’re leading the government; walk the talk.
If the UCPN (Maoist) dilly-dallies, November 30, the last legal deadline for a draft constitution, may blankly stare at the nation as it did on August 31. In the inevitable confusion, many Kaji Lendup Dorjis may arise. Meanwhile, what shall we do with our Defence Minister Sarat Singh Bhandari? Ask him to resign? Burn more of his effigies? No, rather felicitate him for his frankness.
source:myrepublica.com
by DR RAMESH KHATRY
Dashain swallowed the rage over Defence Minister Sarat Singh Bhandari’s statement on September 26—no law could stop 22 Tarai districts from seceding if they didn’t get their due. The Baidya faction of UCPN (Maoist) held torch rallies and effigy-burning functions to demand Bhandari’s resignation. Mohan Baidya complained that Bhandari’s outburst could lead to “sikkimization” of the Tarai. In other words, India can annex these 22 Tarai districts as it did Sikkim, making the former kingdom its 22nd state in 1975. Upendra Yadav, who can never explain the logic behind his Mechi to Mahakali “One Madesh, One Pradesh” slogan hypocritically joined in the condemnation.
CLOSE CALLS TOWARD ANNEXATION WITH INDIA
Nepal almost became part of India at least four times. In 1801, the mad king Rana Bahadur Shah went on pilgrimage to Benares. Historian Stiller (The Rise of the House of Gorkha, pp 260-1) tells us that Rana Bahadur could’ve sold our country to the British East India Company had he received a monthly salary of Rs 30,000. In 1951, King Tribhuvan asked Pandit Jawaharlal Nehru three times to annex Nepal (Sanu Bhai Dangol, The Palace in Nepalese Politics, pp 66-7). Quoting the late Nepali Congress leader Bal Bahadur Rai, Author Surya Bahadur Sen wrote in his Nepali publication (Brain Bomb, pp 126, 218) that Tribhuvan offered our country to Nehru for Rs 30,000,000. During Panchayat years, we grew up guessing which country would ultimately annex Nepal, the mama (maternal-uncle China) or the kaka (uncle India). Sarat Singh Bhandari merely articulated openly what others whisper.
NEPAL’S “SIKKIM” BACKGROUND
When India gained independence from Britain in 1947, political parties began their activities in the kingdom of Sikkim. They wanted the abolition of feudalism and a popularly elected government. Chogyal (god-king) Palden Thondup Namgyal with his American wife resisted such liberalities. In 1950, Sikkim and India signed a treaty that made the former an Indian protectorate. India handled Sikkim’s external relations, defence, and strategic communications.
History after the removal of the Rana yoke in 1951 tells us that India wanted to maintain a similar relationship with Nepal. King Tribhuvan, grateful to Jawaharlal Nehru for his throne, and PM Matrika Prasad Koirala, whom Nehru favored over the brash B P Koirala, mostly danced to Indian tunes. On January 31, 1952, Matrika sent a letter to Nehru, and asked for an Indian military mission to help Nepal streamline its own army (A Role in Revolution, pp 205-6). India wanted to handle Nepal’s foreign relations as well. On April 25 of the same year, Nehru wrote to Tribhuvan to suggest that Nepal should coordinate its foreign policy in consultation with India and also seek her advice before hiring foreign personnel.
His letter to Matrika on that very date suggests that direct link with the US can cause confusion! On June 21, Nehru complains to Matrika that foreigners have poured into Nepal without India’s knowledge. After discussions between foreign ministers of both countries on May 8, 1954, India says that its missions overseas can represent Nepal if the latter so desires. That very year, Nehru declared, “What Tibet is to China, Nepal is to India.” India almost managed to make Nepal another protectorate like Sikkim. Nepali prime ministers and kings, mainly Mahendra, very carefully maintained our country’s independence.
What shall we do with our Defence Minister Sarat Singh Bhandari? Ask him to resign? Burn more of his effigies? No, rather felicitate him for his frankness.
Sikkim didn’t show such resistance. Kaji Lendup Dorji, the chief minister, led the 1973 anti-Chogyal demonstrations. In the April 1974 elections, Dorji’s Sikkim Congress Party won 31 out of 32 assembly seats; and engineered the 1975 referendum’s 97 percent vote to accede to India. Perhaps, Sikkim would’ve remained an independent state had the Chogyal been more democratic.
WARNING TO UCPN (MAOIST)
Sarat Singh Bhandari’s frank confession should serve as a warning to the biggest party in our country. If the UCPN (Maoist) doesn’t deliver soon enough, it may find that all 75 districts of Nepal want to become India’s latest state rather than remain under the proposed autocratic, dictatorial Maoist rule. No other than Mohan Baidya Kiran should take this caution very seriously.
So far, Baidya has resisted whatever “democratic” moves PM Bhattarai has made. (Bhattarai still appears a wolf in sheep’s clothing, but let’s give him the benefit of doubt.) Baidya doesn’t want to return Maoist-looted properties. He resents handing over the key of the Maoist armaments to the government. Critics say that this symbolic action has no meaning because the Maoist army still remains under the former rebels’ control. Baidya’s crony C P Gajurel asks for a “third people’s revolt”, as if the impoverished Nepali population has nothing better to do. In 2008, Baidya opined that our country had too much press freedom; and his party would act to curtail it. It did try in vain that very year.
We needn’t even consider Pushpa Kamal Dahal who bungled his nine month rule so badly that he remains forever licking his wounds. In that vein, we can take his latest remark that he had to make Baburam Bhattarai the PM. However, Nepal’s first PhD PM Baburam Bhattarai seems no different than other Maoist leaders. His recent US visit inspired him to lie on his return that he hadn’t promised to conclude the peace process in 45 days. On September 2, he pledged to end impunity. Instead, his latest action seems to award Maoist crimes immunity. Just before Dashain, his cabinet almost requested the president to pardon Maoist murderer-”lawmaker” Balkrishna Dhungel.
Frankly speaking, the average Nepali doesn’t care who rules over the country provided the government grants the basic needs and fundamental rights. On that regard, one prefers Sikkim to Tibet. Writers and artists languish in Chinese prisons merely for expressing themselves. Modelling itself on Mao’s China, the UCPN (Maoist) has shared long enough rosy dreams—making Nepal into Switzerland within 10 years, performing miracles, and delivering leap-frogging economic growth.
Now face the hard reality—after three years we don’t even have a democratic constitution because at heart the UCPN (Maoist) wants a North Korean model, the peace process hasn’t concluded because the Maoists still dream of “capturing the state”, and our economy limps below 3 percent mainly because of Maoist trade unionism. Being the largest party, the UCPN (Maoist) didn’t allow a Nepali Congress- or a UML-led government to succeed because it wanted all the credit. Now, you’re leading the government; walk the talk.
If the UCPN (Maoist) dilly-dallies, November 30, the last legal deadline for a draft constitution, may blankly stare at the nation as it did on August 31. In the inevitable confusion, many Kaji Lendup Dorjis may arise. Meanwhile, what shall we do with our Defence Minister Sarat Singh Bhandari? Ask him to resign? Burn more of his effigies? No, rather felicitate him for his frankness.
source:myrepublica.com
Thursday, October 6, 2011
SIKKIM: CS heads committee to study Income Tax exemption to ‘Left Outs’
July 22, 2009
FROM SIKKIM EXPRESS
GANGTOK: The State government has constituted a six member committee headed by chief secretary ND Chingapa to consider exemption the left out individuals of Sikkim from the purview of Central Income Tax.
The other members of the committee are additional chief secretary TT Dorji, law secretary RK Purkhayastha, Chief Minister’s principle secretary RK Basnet and transport secretary KN Bhutia.
HB Rai, additional commissioner, commercial taxes division is the member secretary of the committee.
The high level committee has been tasked to examine all matters relating to grant of exemption of Central Income Tax (Direct Tax Law) to the ‘left out’ individuals in Sikkim and make recommendation to the State government for taking up the issue with the Centre. The committee has also been directed to submit its report at the earliest.
It may be added that the ‘left outs’ as referred by the State government implies those persons living in Sikkim for generations and had not been granted exemption from paying income taxes as provided to people with Sikkim Subject Certificates.
The Union government had last year exempted Sikkim Subject holders from paying Direct Income Tax by passing an amendment in the Finance Bill of 2008.
People of Sikkimese origin having Sikkim Subject Certificates have been exempted from Direct Taxes as per the 26AAA clause paving way for the Act to be enforced in the state.
However, the old business community who has been living in the State for generations but without Sikkim Subject certificates have expressed their objections for being left out of the Act.
The old business community had also expressed their objections for being bracketed into ‘Non Sikkimese’ category by the Union government in the Finance Act.
The old business community living here for generations had demanded to be defined as ‘Left out Sikkimese’ and not as ‘Non Sikkimese’.
July 22, 2009
FROM SIKKIM EXPRESS
GANGTOK: The State government has constituted a six member committee headed by chief secretary ND Chingapa to consider exemption the left out individuals of Sikkim from the purview of Central Income Tax.
The other members of the committee are additional chief secretary TT Dorji, law secretary RK Purkhayastha, Chief Minister’s principle secretary RK Basnet and transport secretary KN Bhutia.
HB Rai, additional commissioner, commercial taxes division is the member secretary of the committee.
The high level committee has been tasked to examine all matters relating to grant of exemption of Central Income Tax (Direct Tax Law) to the ‘left out’ individuals in Sikkim and make recommendation to the State government for taking up the issue with the Centre. The committee has also been directed to submit its report at the earliest.
It may be added that the ‘left outs’ as referred by the State government implies those persons living in Sikkim for generations and had not been granted exemption from paying income taxes as provided to people with Sikkim Subject Certificates.
The Union government had last year exempted Sikkim Subject holders from paying Direct Income Tax by passing an amendment in the Finance Bill of 2008.
People of Sikkimese origin having Sikkim Subject Certificates have been exempted from Direct Taxes as per the 26AAA clause paving way for the Act to be enforced in the state.
However, the old business community who has been living in the State for generations but without Sikkim Subject certificates have expressed their objections for being left out of the Act.
The old business community had also expressed their objections for being bracketed into ‘Non Sikkimese’ category by the Union government in the Finance Act.
The old business community living here for generations had demanded to be defined as ‘Left out Sikkimese’ and not as ‘Non Sikkimese’.
Income tax Paid in Sikkim- not to be included in India's Return
" the assessee has paid the income tax at source in the State of Sikkim as per law applicable at the relevant time in Sikkim, the same income was not includible in the assessee's total income"
Ghisalal Agarwala vs Commissioner Of Income Tax on 3
January, 2001
Equivalent citations: (2001) 165 CTR Gau 667
Author: C M Jain
JUDGMENT
M C. Jain, C. J.
At the instance of the assessee Ghisalal Agarwala under section 256(1) of the Income Tax Act, the following question of law has been referred by the Tribunal by its order dated 2nd Dec., 1996, to this court for our opinion. The question of law reads as follows -
"Whether in the facts and in the circumstances of the case, the learned Tribunal did not err in law in holding that tie amount of Rs. 76,912 received by the assessee from the Sikkim lottery is includible in the assessee's total income ? "
2.
Before we answer the aforementioned question of law, it is necessary to have a brief look at the facts of the case. The assessee had received Rs. 76,912 as a result of winning of prize from Sikkim lottery and it remains undisputed before us that a sum of Rs. 8,088 was deducted at source under the Sikkim Income Tax Rules.
3.
The assessee while giving its income-tax return, did not include the income earned in Sikkim. The assessing officer vide his order dated 23-3-1990, Annexure-A, assessed the assessee for that income also which was earned by him by way of Sikkim. lottery ticket. The assessment order was subjected to a challenge by the assessee before the Dy. Commissioner (Appeals), Guwahati Range, and he vide order dated 23-10-1990, deleted the income derived from Sikkim lottery and reversed the order of the assessing officer. The revenue filed an appeal before the Tribunal which reversed the judgment of the Dy. Commissioner (Appeals) and held the assessee liable for the income derived by him from the Sikkim lottery. It was held by the Tribunal while following the judgment given by Jaipur Bench of Tribunal in the case of Mahaveer Kurnar Jain v. Income Tax Officer (1993) 45 ITD 634 (Jp-Trib) that the income-tax deduction made for winnings from Sikkim lotteries would debar the assessment of that income as per provisions of the Income Tax Act and that such assessment would not suffer from double taxation on the ground of income-tax having been charged by the Sikkim income-tax authorities. It has further been held that the payment of tax at Sikkim would not make any material difference in the instant case as the assessee is a resident of India and governed by the Income Tax Act, 1961.
4.
It is in the light of the aforementioned decisions of the tax authorities that the question of law has been referred to us by the Tribunal Before determining the precise questions of law which has been referred to us, we must make a note of certain undisputed facts. It has remained undisputed before us that Sikkim was not a part of India in 1975 and initially, the State of Sikkim under a hereditary monarch, subject to British Paramountancy. Later, a treaty was entered into between Sikkim and the Government of India and the latter took responsibility with regard to defence, external affairs and communications of Sikkim. Thus Sikkim became a protectorate of the Union of India. Thereafter, the Constitution (Thirty-sixth Amendment) Act, 1975, was passed whereby Sikkim was admitted into the Union of India as a State. The said amendment inserted article 375F in the Constitution of India incorporating special provisions with respect to the State of Sikkim. By virtue of the powers under clause (n) of article 371F of the Constitution, the President vide Notification dated 7-11-1988 extended the Income Tax Act, 1961, to the State of Sikkim and later, the Central Government issued Notification dated 23-2-1989, appointing 1-4-1989, as the date on which the Income Tax Act came into force in the State of Sikkini in relation to the previous year relevant to the assessment year commencing on 1-4-1989. However, the Income Tax Act was later extended to the State of Sikkim with effect from 1-4-1990, in relation to assessment year 1990-91 and subsequent years.
The law corresponding to the Income Tax Act, 1961, which immediately was in force in the State of Sikkim was to continue to be in force for and upto the previous year beginning with 1-4-1988, and ending on 31-3-1989. Before the extension of the Income Tax Act, 1961, Sikkim State Income Tax Manual of 1948 was applicable in Sikkim and under that Manual of 1948. income-tax of Rs. 8,088 was deducted at source from the Sikkim lottery in case of the petitioner.
5.
It is in the light of the aforementioned factual data that we have to decide the precise question referred to us. Although this court is not bound by the decision given by the Tribunal on the precise question involved herein, yet we do intend to take note of the two decisions referred to us during the course of argument by the counsel for the assessee and by the counsel for the revenue . The Tribunal Bench at Delhi in Anuj (Toffee) Garg v. Income Tax Officer (1990) 84 CTR (Del-Trib) 83, has taken a decision in favour of the assessee. The relevant observations of the Delhi Bench are as follows :
"The result, therefore, is that, while undoubtedly section 5 would be applicable, the existing notifications of Sikkim also would be applicable. Thus, on the same income, it would appear that income-tax would be payable under the notification of the Government of Sikkim as well as under Income Tax Act, 1961. But such a position would not be acceptable in law. Since Sikkim is part of India for the accounting year, there would appear to be, on the same income, two types of income taxes. The Supreme Court has observed in Lakshmipat Singhania v. CIT (1969) 72 ITR 291 (SC), 'It is a fundamental rule of law of taxation that, unless otherwise expressly provided, income cannot be taxed twice.' The Patna High Court in the case of Tata Iron & Steel Co. Ltd. v. Union of India (1970) 75 ITR 676 (Pat) had stated, 'A taxing statute should not be interpreted in such a manner that its effect will be to cast a burden twice over for the payment of tax on the taxpayer unless the language of the statute is so compelling that the court has no alternative than to accept it. In a case of reasonable doubt, the construction most beneficial to the taxpayer is to be adopted.'
So it is clear enough that only one tax law would be applicable and not both. By virtue of clause (i) to article 371F, it would be clear that only the Sikkim Regulations on income-tax would be applicable. Therefore, is cannot be brought to tax by applying the rates of Income Tax Act, 1961.
6.
Contrary to the decision of Delhi Bench, the Jaipur Bench in Mahaveer Kumai Jain v. Income Tax Officer (supra) has taken a different view and the relevant observations read as under:
"The provisions contained in clauses (k) and (n) of Art. 371F of the Constitution would not, in our opinion, come into way in this case, once the provisions of section 5 have started their operation. In the application of those provisions of the Constitution it shall have to be kept in mind that what is under consideration is inclusion of such income to the total income as is being received in India by a resident and ordinarily resident of India at a place outside the territories comprising State of Sikkim and to whom the Sikkim Regulation of 1948 and the notifications issued thereunder were not applicable. The assessee herein is to be assessed as per provisions of the Sikkim Regulation, 1948, and the notifications issued thereunder. Therefore, deductions made from winnings from Sikkim lotteries on account of agent's/seller's commission and/or payment of tax called income-tax, would not debar the assessment of that income as per provisions of the Income Tax Act, 1961.
In the instant case, as has been pointed out above Explanation 2 to section 5, which provides safeguard against double taxation does not apply for the obvious reason that the income in question had not earlier been included in the total income of the assessee. The provisions contained in Chapters III and IX are obviously not applicable hereto. Thus, the inclusion of the income in question in the total income of the asses see for the year under consideration does not, in our opinion, suffer from the vice of double taxation."
7.
Forgetting the two decisions of Delhi Bench and Jaipur Bench for a moment, we can bank upon the decision of the Hon'ble Supreme Court in the case of Jain Brothers v. Union of India (1970) 77 ITR 107 (SC). It has been held in the case of Jain Brothers (supra) as under:
It is not disputed that there can be double taxation if the legislature has distinctly enacted it. It is only when there are general words of taxation and they have to be interpreted, they cannot be so interpreted as to tax the subject twice over to the same tax (vide Channell J. in Stevens v. Durban Roodepoort Gold Mining Co. Ltd.). The Constitution does not contain any prohibition against double taxation even if it be assumed that such a taxation is involved in the case of a firm and its partners after the amendment of section 23(5) by the Act of 1956. Nor is there any other enactment which interdicts such taxation. It is true that section 3 is the general charging section. Even if section 23(5) provides for the machinery for collection and recovery of the tax, once the legislature has, in clear terms, indicated that the income of the firm can be taxed in accordance with the Finance Act of 1956 as also the income in the hands of the partners, the distinction a charging and a machinery section is of no consequence. Both the sections have to be read together and construed harmoniously. It is significant that similar provisions have also been enacted, in the Act of 1961. Sections 182 and 183 correspond substantially to section 23(5) except that the, old section did not have a provision similar to sub-section (4) of section 182, After 19b6, therefore, so far as registered firms are concerned the tax payable by the turn itself has to be assessed and the share of each partner in the income of the has to be included in his total income and assessed to tax accordingly. It any double taxation is involved, the legislature itself has, in express words, sanctioned it. It is not open to any one thereafter to invoke the general principles that the subject cannot be taxed twice over."
8.
Once it has been held by the Apex Court that double taxation is permissible provided specific provision has been made by the legislature, the only question remains to be decided is whether in fact there is a specific provision for including the income earned from the Sikkim lottery ticket prior to 1-4-1990 and after 1975, in the income-tax return or not. We have gone through the relevant provisions of the Income Tax Act and the counsel for the revenue could not point out to any provision wherein a specific provision has been made by the legislature for including such an income by an assessee from lottery ticket Since there is no specific provision made in the Income Tax Act, the relevant observation by the Patna High Court in the case of Tata Iron & Steel Ltd. v. Union of India & Ors. (1970) 75 ITR 676 (Pat) can be quoted, and the relevant observations are as under :
"A taxing statute should not be interpreted in such a manner that its effect will be to cast a burden twice over for the payment of tax on the taxpayer unless the language of the statute is so compelling that the court has no alternative than to accept it. In a case of reasonable doubt, the construction most beneficial to the taxpayer is to be adopted. "
9.
In view of the aforementioned discussions, we are of the considered view that once the assessee has paid the income tax at source in the State of Sikkim as per law applicable at the relevant time in Sikkim, the same income was not includible in the assessee's total income and he was not bound to show it in the income tax return. The question of law, thus, stands answered in favour of the assessee and against the revenue .
source:
http://www.indiankanoon.org/doc/322201/
Ghisalal Agarwala vs Commissioner Of Income Tax on 3
January, 2001
Equivalent citations: (2001) 165 CTR Gau 667
Author: C M Jain
JUDGMENT
M C. Jain, C. J.
At the instance of the assessee Ghisalal Agarwala under section 256(1) of the Income Tax Act, the following question of law has been referred by the Tribunal by its order dated 2nd Dec., 1996, to this court for our opinion. The question of law reads as follows -
"Whether in the facts and in the circumstances of the case, the learned Tribunal did not err in law in holding that tie amount of Rs. 76,912 received by the assessee from the Sikkim lottery is includible in the assessee's total income ? "
2.
Before we answer the aforementioned question of law, it is necessary to have a brief look at the facts of the case. The assessee had received Rs. 76,912 as a result of winning of prize from Sikkim lottery and it remains undisputed before us that a sum of Rs. 8,088 was deducted at source under the Sikkim Income Tax Rules.
3.
The assessee while giving its income-tax return, did not include the income earned in Sikkim. The assessing officer vide his order dated 23-3-1990, Annexure-A, assessed the assessee for that income also which was earned by him by way of Sikkim. lottery ticket. The assessment order was subjected to a challenge by the assessee before the Dy. Commissioner (Appeals), Guwahati Range, and he vide order dated 23-10-1990, deleted the income derived from Sikkim lottery and reversed the order of the assessing officer. The revenue filed an appeal before the Tribunal which reversed the judgment of the Dy. Commissioner (Appeals) and held the assessee liable for the income derived by him from the Sikkim lottery. It was held by the Tribunal while following the judgment given by Jaipur Bench of Tribunal in the case of Mahaveer Kurnar Jain v. Income Tax Officer (1993) 45 ITD 634 (Jp-Trib) that the income-tax deduction made for winnings from Sikkim lotteries would debar the assessment of that income as per provisions of the Income Tax Act and that such assessment would not suffer from double taxation on the ground of income-tax having been charged by the Sikkim income-tax authorities. It has further been held that the payment of tax at Sikkim would not make any material difference in the instant case as the assessee is a resident of India and governed by the Income Tax Act, 1961.
4.
It is in the light of the aforementioned decisions of the tax authorities that the question of law has been referred to us by the Tribunal Before determining the precise questions of law which has been referred to us, we must make a note of certain undisputed facts. It has remained undisputed before us that Sikkim was not a part of India in 1975 and initially, the State of Sikkim under a hereditary monarch, subject to British Paramountancy. Later, a treaty was entered into between Sikkim and the Government of India and the latter took responsibility with regard to defence, external affairs and communications of Sikkim. Thus Sikkim became a protectorate of the Union of India. Thereafter, the Constitution (Thirty-sixth Amendment) Act, 1975, was passed whereby Sikkim was admitted into the Union of India as a State. The said amendment inserted article 375F in the Constitution of India incorporating special provisions with respect to the State of Sikkim. By virtue of the powers under clause (n) of article 371F of the Constitution, the President vide Notification dated 7-11-1988 extended the Income Tax Act, 1961, to the State of Sikkim and later, the Central Government issued Notification dated 23-2-1989, appointing 1-4-1989, as the date on which the Income Tax Act came into force in the State of Sikkini in relation to the previous year relevant to the assessment year commencing on 1-4-1989. However, the Income Tax Act was later extended to the State of Sikkim with effect from 1-4-1990, in relation to assessment year 1990-91 and subsequent years.
The law corresponding to the Income Tax Act, 1961, which immediately was in force in the State of Sikkim was to continue to be in force for and upto the previous year beginning with 1-4-1988, and ending on 31-3-1989. Before the extension of the Income Tax Act, 1961, Sikkim State Income Tax Manual of 1948 was applicable in Sikkim and under that Manual of 1948. income-tax of Rs. 8,088 was deducted at source from the Sikkim lottery in case of the petitioner.
5.
It is in the light of the aforementioned factual data that we have to decide the precise question referred to us. Although this court is not bound by the decision given by the Tribunal on the precise question involved herein, yet we do intend to take note of the two decisions referred to us during the course of argument by the counsel for the assessee and by the counsel for the revenue . The Tribunal Bench at Delhi in Anuj (Toffee) Garg v. Income Tax Officer (1990) 84 CTR (Del-Trib) 83, has taken a decision in favour of the assessee. The relevant observations of the Delhi Bench are as follows :
"The result, therefore, is that, while undoubtedly section 5 would be applicable, the existing notifications of Sikkim also would be applicable. Thus, on the same income, it would appear that income-tax would be payable under the notification of the Government of Sikkim as well as under Income Tax Act, 1961. But such a position would not be acceptable in law. Since Sikkim is part of India for the accounting year, there would appear to be, on the same income, two types of income taxes. The Supreme Court has observed in Lakshmipat Singhania v. CIT (1969) 72 ITR 291 (SC), 'It is a fundamental rule of law of taxation that, unless otherwise expressly provided, income cannot be taxed twice.' The Patna High Court in the case of Tata Iron & Steel Co. Ltd. v. Union of India (1970) 75 ITR 676 (Pat) had stated, 'A taxing statute should not be interpreted in such a manner that its effect will be to cast a burden twice over for the payment of tax on the taxpayer unless the language of the statute is so compelling that the court has no alternative than to accept it. In a case of reasonable doubt, the construction most beneficial to the taxpayer is to be adopted.'
So it is clear enough that only one tax law would be applicable and not both. By virtue of clause (i) to article 371F, it would be clear that only the Sikkim Regulations on income-tax would be applicable. Therefore, is cannot be brought to tax by applying the rates of Income Tax Act, 1961.
6.
Contrary to the decision of Delhi Bench, the Jaipur Bench in Mahaveer Kumai Jain v. Income Tax Officer (supra) has taken a different view and the relevant observations read as under:
"The provisions contained in clauses (k) and (n) of Art. 371F of the Constitution would not, in our opinion, come into way in this case, once the provisions of section 5 have started their operation. In the application of those provisions of the Constitution it shall have to be kept in mind that what is under consideration is inclusion of such income to the total income as is being received in India by a resident and ordinarily resident of India at a place outside the territories comprising State of Sikkim and to whom the Sikkim Regulation of 1948 and the notifications issued thereunder were not applicable. The assessee herein is to be assessed as per provisions of the Sikkim Regulation, 1948, and the notifications issued thereunder. Therefore, deductions made from winnings from Sikkim lotteries on account of agent's/seller's commission and/or payment of tax called income-tax, would not debar the assessment of that income as per provisions of the Income Tax Act, 1961.
In the instant case, as has been pointed out above Explanation 2 to section 5, which provides safeguard against double taxation does not apply for the obvious reason that the income in question had not earlier been included in the total income of the assessee. The provisions contained in Chapters III and IX are obviously not applicable hereto. Thus, the inclusion of the income in question in the total income of the asses see for the year under consideration does not, in our opinion, suffer from the vice of double taxation."
7.
Forgetting the two decisions of Delhi Bench and Jaipur Bench for a moment, we can bank upon the decision of the Hon'ble Supreme Court in the case of Jain Brothers v. Union of India (1970) 77 ITR 107 (SC). It has been held in the case of Jain Brothers (supra) as under:
It is not disputed that there can be double taxation if the legislature has distinctly enacted it. It is only when there are general words of taxation and they have to be interpreted, they cannot be so interpreted as to tax the subject twice over to the same tax (vide Channell J. in Stevens v. Durban Roodepoort Gold Mining Co. Ltd.). The Constitution does not contain any prohibition against double taxation even if it be assumed that such a taxation is involved in the case of a firm and its partners after the amendment of section 23(5) by the Act of 1956. Nor is there any other enactment which interdicts such taxation. It is true that section 3 is the general charging section. Even if section 23(5) provides for the machinery for collection and recovery of the tax, once the legislature has, in clear terms, indicated that the income of the firm can be taxed in accordance with the Finance Act of 1956 as also the income in the hands of the partners, the distinction a charging and a machinery section is of no consequence. Both the sections have to be read together and construed harmoniously. It is significant that similar provisions have also been enacted, in the Act of 1961. Sections 182 and 183 correspond substantially to section 23(5) except that the, old section did not have a provision similar to sub-section (4) of section 182, After 19b6, therefore, so far as registered firms are concerned the tax payable by the turn itself has to be assessed and the share of each partner in the income of the has to be included in his total income and assessed to tax accordingly. It any double taxation is involved, the legislature itself has, in express words, sanctioned it. It is not open to any one thereafter to invoke the general principles that the subject cannot be taxed twice over."
8.
Once it has been held by the Apex Court that double taxation is permissible provided specific provision has been made by the legislature, the only question remains to be decided is whether in fact there is a specific provision for including the income earned from the Sikkim lottery ticket prior to 1-4-1990 and after 1975, in the income-tax return or not. We have gone through the relevant provisions of the Income Tax Act and the counsel for the revenue could not point out to any provision wherein a specific provision has been made by the legislature for including such an income by an assessee from lottery ticket Since there is no specific provision made in the Income Tax Act, the relevant observation by the Patna High Court in the case of Tata Iron & Steel Ltd. v. Union of India & Ors. (1970) 75 ITR 676 (Pat) can be quoted, and the relevant observations are as under :
"A taxing statute should not be interpreted in such a manner that its effect will be to cast a burden twice over for the payment of tax on the taxpayer unless the language of the statute is so compelling that the court has no alternative than to accept it. In a case of reasonable doubt, the construction most beneficial to the taxpayer is to be adopted. "
9.
In view of the aforementioned discussions, we are of the considered view that once the assessee has paid the income tax at source in the State of Sikkim as per law applicable at the relevant time in Sikkim, the same income was not includible in the assessee's total income and he was not bound to show it in the income tax return. The question of law, thus, stands answered in favour of the assessee and against the revenue .
source:
http://www.indiankanoon.org/doc/322201/
Monday, September 19, 2011
Income tax net being widened in Sikkim as assessment begins for 1975 settlers
Kolkata, June 8,2011:
Income Tax Department is gearing to extend its net in Sikkim. According to the Chief Commissioner I-T, West Bengal Circle (including Sikkim and Andaman & Nicobar), Mr B.S. Sondhi, for settlers in Sikkim post-1975, this year would be the first assessment year.
“The department has been working towards this goal in the State where “subjects” of erstwhile kingdom are exempt from the provisions of the Income Tax Act. We have been trying to sensitise the employers, particularly, in the private sector, towards introduction of income tax deduction at source,” he said.
Under the I-T dispensation, Sikkim residents who hold “subject certificates” and their descendants will continue to enjoy income tax exemption.
Amendment
An amendment in the IT Act kept Sikkim subjects (and their descendants) out of the purview of the statute on “income earned in Sikkim,” including income from dividends and interests on securities.
In the Finance Bill of 2008, the then Finance Minister, Mr P. Chidambaram, included an amendment to Section 10 of the Income Tax Act. According to Clause 4 of the Finance Bill, a new clause, christened 26 AAA was inserted in Section 10, under which the income of a Sikkimese individual from any income arising out of the State of Sikkim was exempted tax.
The 1989 Presidential Notification and the 1994 Act, which extended Direct Tax Laws to Sikkim, come into effect from 1990 onwards.
The I-T department was also trying to persuade local firms and commercial establishments to get registered under the national law as opposed to the old rules of the erstwhile kingdom.
A “Sikkimese” is anyone whose “name is recorded in the register maintained under Sikkim Subjects Regulation, 1961, read with Sikkim Subject Rules, 1961, immediately before 26 April, 1975; or individuals whose name is included in the Register of Sikkim Subjects by virtue of the Government of India Order No. 26030/36/90-I.Ci. of August 7, 1990 and Order of even number dated April 08, 1991; or, any other individual whose name does not appear in the Register of Sikkim Subjects but it is established beyond doubt that the name of such individual's father or husband or paternal grandfather or brother from the same father has been recorded in that Register.”
Though the legal framework provisions had been made, the Finance Ministry planned the income tax assessment year for the “settlers” from this fiscal.
sOURCE: HINDUBUSINESSLINE
Tuesday, September 13, 2011
Article 371F in The Constitution Of India
Article 371F in The Constitution Of India
371F. Special provisions with respect to the State of Sikkim Notwithstanding anything in this Constitution,
(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;
(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 be 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;
(c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of five years in clause ( 1 ) of Article 172 shall be construed as references to a period of four years and the said period of four years shall be deemed to commence from the appointed day;
(d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim;
(e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;
(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;
(g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;
(h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;
(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;
(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;
(k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority;
(l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;
(m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of Article 143;
(n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;
(o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the president may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day;
(p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty sixth Amendment) Act, 1975 , be deemed for all purposes to have been validly done or taken under this Constitution as so amended
371F. Special provisions with respect to the State of Sikkim Notwithstanding anything in this Constitution,
(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;
(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 be 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;
(c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of five years in clause ( 1 ) of Article 172 shall be construed as references to a period of four years and the said period of four years shall be deemed to commence from the appointed day;
(d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim;
(e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;
(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;
(g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;
(h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;
(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;
(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;
(k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority;
(l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;
(m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of Article 143;
(n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;
(o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the president may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day;
(p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty sixth Amendment) Act, 1975 , be deemed for all purposes to have been validly done or taken under this Constitution as so amended
Sunday, September 11, 2011
Address of the outgoing President ,Sikkim Chamber of Commerce, Shri S K Sarda at the AGM held on 10th Sept 2011 at Gangtok,Sikkim
Dear Friends,
First of all I shall like to thank you all for the excellent support given during the last two terms and this has helped us to make an impressive and successful tenure.
It is your guidance from time to time that helped us to present this Chamber’s views on various subjects with our Hon’ble Chief Minister Dr Pawan Chamling and also at many Forums/Department /and Committees’ meetings.
I remember the “Meet The NGO’s programme” chaired by Hon’ble Chief Minister four years back. We got an opportunity to make our first public presentation at Chintan Bhawan then. And from here we started developing good rapport with our Chief Minister and the Government of Sikkim.
We made an exhaustive presentation for the upgradation of Gangtok Town at Chintan Bhawan in a programme organized by UD&HD. Most of our suggestions have been incorporated in the Master Plan for Gangtok. We are thankful to UD&HD department for the same.
We made presentation before the Burman Committee established by the Government of Sikkim and we are glad that the Committee in its final report has made references to our views too.
We got an opportunity to participate on a Live Talk managed by Australian TV/Radio during the 3 days trip of Hon’ble Prime Minister of India to Beijing, China in the year 2008.
We also got an opportunity for Live discussions on National TV during the Nathula opening in July 2006 along with eminent personalities.
The business community has been serving the people of Sikkim since 1861 and have been active participants in the development of this sacred Himalayan State. Holding development of the State uppermost in our minds, we have worked, shared and walked shoulder to shoulder through all thick and thin with all our Sikkimese brethren for the last two centuries.
We discovered that in spite of our roots in Sikkim dating back to generations, we were inadvertently left out from many of our rights and privileges.
Three years back, we attended the Kranti Diwas programme at SDF Bhawan at Bypass, Tadong where our Hon’ble Chief Minister called upon our community members not to sleep but come out and raise grievances. This statement gave a lot of courage to us and our team started collecting old documents of our community and its contribution to Sikkim.
A voluminous 192 pages Memorandum was submitted to Hon’ble Chief Minister Dr Pawan Chamling, wherein we brought all the historical perspective supported with documents and old records of our community.
This Association has time and again taken up various issues pertaining to us with the Hon’ble Chief Minister who has been kind enough to voice strong support for the business community and has taken a series of effective steps towards fulfillment of the same with commitment.
1. The ruling Sikkim Democratic Front in its 17th Foundation day Maha Sammelan at Rangpo on March 4, 2009 adopted a resolution being resolution No 4 to work and secure exemption for the old settlers after obtaining ratification of this stand with the support of the people of Sikkim.
2 The Hon’ble Chief Minister has asked us to make survey and prepare a list of Left Out Individuals residing in the State prior to merger and also asked the community members in his various public meetings to keep ready their oldest documents available for consideration of the same. The Survey report was duly submitted to the Government by our sister organization- Association of Old Settlers of Sikkim.
3. The intention is also reflected in the SDF party’s election manifesto 2009 in the just concluded Assembly elections:
“ 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 communities, old residents and old government employees, both State and Centre. Our government is seized of this problem and we are going to strongly plead for equal rights of the old business community of Sikkim
4. After coming to power for the 4th consecutive term with a thumping majority, Hon’ble CM has reiterated his support and stand on the matter.
5. His Excellency, The Governor of Sikkim in his address to the Sikkim Legislative Assembly in its Budget session on 27th July 2009 has said:
“For persons who have not been covered under the definition of the term ‘Sikkimese’ in the IT Act but who have been residing in Sikkim prior to the merger of the State in the Indian Union, my Government is vigorously pursuing with the Government of India to exempt them also from payment of Income Tax.”
6. The Hon’ble Chief Minister during the vote of thanks on the last day of the Budget session of the SLA has announced:
“The issue related to income tax exemption for old settlers and old employees would be resolved, we have made a commitment to the people in this regard and will remain clear in our pursuit of resolving this issue favorably.”
7. His Excellency, The Governor of Sikkim in his address at the third session of the Eighth Sikkim Legislative Assembly on 21-06-2010 has said
“My Government is also representing before the Government of India for granting Income Tax Exemption to the left out communities who are in different walks of life living in Sikkim for generations”.
8. The Hon’ble Chief Minister duly recognizing the genuineness of our demands has been kind enough to introduce a historic Government Resolution in Sikkim Legislative Assembly vide Resolution No 2 of 2011 on the subject “Seeking exemption from payment of Income Tax under the Income tax Act 1961 for the left out categories of persons” and same received unanimous approval of Sikkim Legislative Assembly on 26th March 2011.
The resolution in the Sikkim Legislative Assembly is a historic moment for us as it reflected the will of the people of Sikkim , the will of the Government and the will of the SDF party under the leadership of our Hon’ble Chief Minister Dr Pawan Chamling.
It is true -What Our Hon’ble Chief Minister promises, he fulfills.
Hon’ble Chief Minister has brought reforms in the Urban Body’s management and gave the business community seven seats in the various urban bodies of Gangtok, Namchi, Rangpo, Jorethang, Geyzing, Rangpo and Mangan. His big heart is reflected in giving the seat of prestigious Deputy Mayor of Gangtok Municipal Corporation to our community.
Recently, on the issue of Trade Licence fees and simplification of Trade licence norms, UD&HD invited us to a series of meetings to give our views and we are happy that the same has been reflected in the final report which has since been accepted and notified.
The notification regarding issue of Residential Certificate is another blessings from the Hon’ble Chief Minister for this community.
We feel proud and lucky that we are born in this blessed land of Guru Padmasambhava whose blessings have brought immense Peace and Prosperity in Sikkim and brought before us a magnificent leader of Dr Pawan Chamling stature as Chief Minister whose vision and work has brought Sikkim in the forefront of Indian Nation.
We are grateful to Hon’ble Shri K T Gyaltsen, Speaker SLA, Hon’ble Ministers of Government of Sikkim, Hon’ble MLAs, Chiefs of Urban Bodies and the whole bureaucracy led by the Chief Secretary, Government of Sikkim and the People of Sikkim for their support for our just cause.
A Golden Era in Sikkim is ON and the business community too is getting its benefits in better and bigger opportunities and We must put our love and affection and contribution for the development and Peace of Sikkim.
Our Salutations to Mount Kanchenjunga whose blessings shall ever remain on us.
Let us dedicate ourselves for the development and peace of Sikkim.
Jai Hind , Jai Sikkim
S.K.Sarda
President
Sikkim Chamber of Commerce
DT 10 Sept 2011
( This is the Address presented on 10 Sept 2011 at the AGM of Sikkim Chamber Of Commerce at Gangtok )
PRESS RELEASE
DT 10 SEPT 2011
Sub: SIKKIM CHAMBER OF COMMERCE ELECTION HELD, NEW BODY ELECTED
The members of Sikkim Chamber of Commerce elected a new executive body on 10 Sept 2011 under the leadership of Shri Ashok Sarda as President and Shri Kailash Agarwal as its General Secretary. The election was held under the supervision of:
Mr. Menla Ethenpa - Observer
Mr. Sudesh Joshi, Advocate - Election officer
Mr. Nehru Marda CA - Election officer
For the first time in the history of NGOs in India ‘RIGHT TO REJECT’ option was exercised in this election which was held by secret ballot with a ‘NONE’ column included in the name of candidates list on the ballot paper
The election was preceded by Annual General Meeting. The meeting was anchored by Shri Ramesh Periwal, Vice-President, SCC. The Treasurer Shri Mohanlal Sarda presented Accounts for approval which was followed by presentation of working report by Shri Suresh Agarwal, General Secretary highlighting the achievements and projects in pipeline.
The outgoing President of the Chamber Shri S K Sarda presented his keynote address. While thanking all the business community for their excellent support, he was overwhelmed by the blessings of the Hon’ble Chief Minister Dr Pawan Chamling reflected through his positive actions to fulfill commitments made to the business community of Sikkim from time to time.
He called upon the business community to set up more enterprises which can accommodate more local unemployed youth and urged them to dedicate themselves for the development and peace of Sikkim.
The election of Sikkim Chamber of commerce was held in the most democratic manner with 65% members excercising their franchise. The Team led by Mr. Ashok Sarda secured 70 % votes. The results were announced by Election Observer Mr. Menla Ethenpa in a jam packed audience.
The meeting ended with a vote of thanks proposed by the Incoming General Secretary Shri Kailash Agarwal.
( Suresh Agarwal)
Outgoing General Secretary
Sikkim Chamber of Commerce
Gangtok,Sikkim
DT 10 SEPT 2011
Sub: SIKKIM CHAMBER OF COMMERCE ELECTION HELD, NEW BODY ELECTED
The members of Sikkim Chamber of Commerce elected a new executive body on 10 Sept 2011 under the leadership of Shri Ashok Sarda as President and Shri Kailash Agarwal as its General Secretary. The election was held under the supervision of:
Mr. Menla Ethenpa - Observer
Mr. Sudesh Joshi, Advocate - Election officer
Mr. Nehru Marda CA - Election officer
For the first time in the history of NGOs in India ‘RIGHT TO REJECT’ option was exercised in this election which was held by secret ballot with a ‘NONE’ column included in the name of candidates list on the ballot paper
The election was preceded by Annual General Meeting. The meeting was anchored by Shri Ramesh Periwal, Vice-President, SCC. The Treasurer Shri Mohanlal Sarda presented Accounts for approval which was followed by presentation of working report by Shri Suresh Agarwal, General Secretary highlighting the achievements and projects in pipeline.
The outgoing President of the Chamber Shri S K Sarda presented his keynote address. While thanking all the business community for their excellent support, he was overwhelmed by the blessings of the Hon’ble Chief Minister Dr Pawan Chamling reflected through his positive actions to fulfill commitments made to the business community of Sikkim from time to time.
He called upon the business community to set up more enterprises which can accommodate more local unemployed youth and urged them to dedicate themselves for the development and peace of Sikkim.
The election of Sikkim Chamber of commerce was held in the most democratic manner with 65% members excercising their franchise. The Team led by Mr. Ashok Sarda secured 70 % votes. The results were announced by Election Observer Mr. Menla Ethenpa in a jam packed audience.
The meeting ended with a vote of thanks proposed by the Incoming General Secretary Shri Kailash Agarwal.
( Suresh Agarwal)
Outgoing General Secretary
Sikkim Chamber of Commerce
Gangtok,Sikkim
Friday, August 12, 2011
Challenge of Gorkhaland
Challenge of Gorkhaland
August 11, 2011 10:59:49 PM
SUNANDA K DATTA-RAY
source: The Pioneer
The possibility of new Nepalese-majority States doesn’t concern West Bengal alone. It concerns India from Assam to Uttarakhand.
Bounded by Bangladesh, Nepal, Bhutan and China, Gorkhaland will be India’s second Nepalese-majority State. If migration across the 500-mile open border — which the 1950 India-Nepal Treaty permits and even encourages — continues, it may not be the last. The prospect explains Rajiv Gandhi’s refusal in 1986 to countenance citizenship for post-1950 immigrants.
Even Darjeeling’s sitting MP tempers pleasure over the recent tripartite agreement with circumspection. “The challenge is to understand: ‘what hereafter’ and to address that,” Mr Jaswant Singh warns. Since Ms Mamata Banerjee denies that the tripartite agreement will lead to Statehood, she may not realise there is a challenge to understand and address.
It may soon become mandatory to speak only of ‘Gorkha’, so let me be ethnically accurate rather than politically correct while it is still possible and say that the challenge is of appreciating Nepalese history and ethnography and its impact on India all along the Himalayas, not just in West Bengal. Some Nepalese readers have taken umbrage at my article “Step towards Gorkhaland” published in these columns on July 29. They probably feel the economic implications of migration are demeaning. Hence they insist they didn’t come from anywhere but have always been Indian.
Always is a big word and a huge concept. How long does one have to live in a terrain to be regarded as indigenous, a reader asked. The answer can’t be measured in years or even generations. The Burdwan zamindari family have lived in Bengal for 500 years and don’t speak a word of Punjabi. But apart from exceptional love matches, all their spouses come from Punjab. In the US, Ralph Ellison, the Black American author of Invisible Man, nursed no memory, individual or folk, of his African forebears. His consciousness had been shaped in the crucible of the American Dream.
As the Rastafarian movement or the Black American girl flirting with Nigerian attire in A Raisin in the Sun demonstrated, belonging is a state of mind. I have seen German-origin Soviet families squatting for days on airport floors with their boxes and bedding like refugees at Sealdah station waiting for flights to “return” to a Germany some had never seen. I also know ethnic Germans who despite Germanic names and appearance, regard themselves and are regarded by others as entirely Russian.
With passports of convenience readily available, legal citizenship is only a small part of identity. Nor is identity constricted by boundaries which is why many Nagas seek union with their fellow tribesmen in Myanmar. Friends of Dorjee Khandu, the late Chief Minister of Arunachal Pradesh, say he was loyally Indian to the core but completely Tibetan in lifestyle. A Malaysian bumiputera (son of the soil) is born Malay and Muslim, but Malayali settlers in dhoti and angavastram are also accorded bumiputera status. The Burdwans suggest that choice takes precedence over history and ethnicity.
Readers who deny that the British brought in Nepalese labour are right only to the extent that migration existed before Sikkim ceded Darjeeling to the East India Company. But it’s fanciful to claim (as one reader did) that the Nepalese came in the 1600s. Many of Darjeeling’s 1,900 inhabitants in 1850 (2,200 in 1869) were the original Lepchas and Bhutiyas.
Leo Rose, Lopita Nath and other scholars regard the Treaty of Sugauli and establishment of recruitment centres at Ghoom and Gorakhpur as the start. The 1950 Treaty additionally encouraged immigration. The Nepalese share of Darjeeling’s population rose from 54 per cent in 1901 to 58.4 per cent in 1971. Reportedly, it increased by 700 per cent during 1951-2001.
A vigorous community’s eastward push reduced Lepchas and Bhutiyas to minorities in their own homeland. Ethnic strife erupted throughout the North-East but especially in Meghalaya. Darjeeling suffered grievously. The most dramatic impact was in Sikkim which had only 2,500 Lepchas, 1,500 Bhutiyas and 1,000 Tsongs in 1873. A century later, the Nepalese, then three-quarters of the population, played a decisive part in changing the status of a Tibetan-Buddhist kingdom with which they could not relate. A Sikkim-Nepalese politician even demanded a Nepalese Hindu king to balance the Bhutiya Buddhist Chogyal! Bhutan began to be wary of non-Drukpa settlers after the Sikkim agitation in which many Darjeeling Nepalese participated. There were also allegations of Darjeeling Nepalese agitators in Bhutan.
Bhutan began recruiting Nepalese labourers (tangyas) in 1900, allowing them to stay on as tenant farmers with Bhutanese nationality. This changed when Bhutan’s planned growth, empty land and porous borders attracted waves of illegal migrants. The evictions, refugee camps in Nepal, militant organisations, terrorist activity and assisted migration to North America and Europe are another story.
Just as Drukpa officials felt absorption would be easier if the Nepalese were called Southern Bhutanese or Lhotshampas, Subhas Ghising dubbed them Gorkha. Prem Poddar claims in Gorkhas Imagined that “the word ‘Gorkha’ (or the neologism ‘Gorkhaness’) as a self-descriptive term ... has gained currency as a marker of difference for Nepalis living in India … While this counters the irredentism of a Greater Nepal thesis, it cannot completely exorcise the spectres or temptations of an ethnic absolutism for diasporic subjects.” Ghising’s overtures to Nepal’s King Birendra and Prince Gyanendra and periodic unpublicised trips to Nepal may have aggravated those fears. It was recalled then that the All-India Gurkha League’s founding constitution referred to Nepal as the “motherland”.
Several readers argue that Bengalis are equally foreign because they are really Bangladeshis. True, many people in Calcutta and West Bengal have roots in East Bengal (there was no Bangladesh then) just as many Tamils in Chennai come from villages in Tanjore and other districts. The metropole always attracts manpower, and internal migration in undivided Bengal followed this pattern. The movement since 1947 falls into two categories. The first is a staggered and delayed (because of political factors including the 1950 Nehru-Liaquat Ali Pact) counterpart of the exchange of population that happened all at once in Punjab. The second is the illegal influx of Muslims from East Pakistan and later Bangladesh, often abetted by elements in West Bengal. Undeniably, they should be tracked down and deported but neither group can be compared to the millions of Nepalese who have over the decades migrated to and made India their home.
The possibility of new Nepalese-majority States doesn’t concern West Bengal alone. It concerns India from Assam to Uttarakhand. The situation is without global parallel.
---------sunandadr@uahoo.co.in
--------------------------------------------------------------------------------
Sunday, August 7, 2011
HOME AWAY FROM HOME
- A challenge to understand and address
Sunanda K. Datta-Ray
Our dear friend Karuna — Maharajkumari Karuna Devi Mahtab of Burdwan — never forgave me for calling her, only half in jest, a Punjabi. “Five hundred years in Bengal and we’re still Punjabis!” she exploded. “And not even a word of Punjabi!” her brother added. The protest seemed logical save that, barring exceptional love matches, all Mahtab spouses came from Punjab in those 500 years. A similar conversation with Ralph Ellison, the Black American author of Invisible Man, was more definitive. Ellison nursed no memory, individual or folk, of his African forebears. His consciousness had been shaped in the crucible of the American Dream.
Both conditions were reflected in the forgotten Subash Ghising’s perspicacious reference to “the ‘identity problem’ of the nine million Gorkhas in the country”. His admission also suggested less dogmatism than the angry and emotional response of some Nepalese readers to my Gorkhaland article (“Genie out of the bottle”, July 23). How long does one have to live in a terrain to be regarded as indigenous, one asked. The answer can’t be measured in years or even generations. As the Rastafarian movement and the Black girl flirting with Nigerian names and attire in that magnificent film, A Raisin in the Sun, demonstrated, belonging is a state of mind even more than physical fact. I have seen German-origin Soviet families squatting for days on airport floors with their boxes and bedding like refugees at Sealdah station waiting for flights to “return” to a Germany some had never seen. I also know ethnic Germans who despite Germanic names and appearance, regard themselves and are regarded by others as entirely Russian.
With passports of convenience readily available, legal citizenship is only a small part of identity. Nor is identity constricted by politics which is why many Nagas seek union with their fellow tribesmen in Myanmar. People who knew Dorjee Khandu, the late chief minister of Arunachal Pradesh, say he was loyally Indian to the core but completely Tibetan in lifestyle. A Malaysian bumiputera (son of the soil) is usually born Malay and Muslim, but Malayali settlers in dhoti and angavastram have also been accorded bumiputera status. Karuna Mahtab proved that choice takes precedence over history and ethnicity.
The Nepalese fanned out along the Himalayan foothills, all over India and into Sikkim and Bhutan, long before the world’s only Hindu kingdom surrendered to revolutionary turmoil. Readers who deny that the British introduced Nepalese labour are right only to the extent that migration existed before Sikkim ceded Darjeeling to the East India Company in 1835. But it’s fanciful to claim (as one reader did) that the Nepalese came as long ago as the 1600s. Darjeeling had only 1,900 people in 1850 (2,200 in 1869) and many of them must still have been Lepchas and Bhutiyas. British rule gave migration an impetus. Leo Rose, Lopita Nath and other scholars regard the treaty of Sugauli and establishment of recruitment centres at Ghoom and Gorakhpur as the start. The 1950 India-Nepal treaty was another major landmark. Did the Nepalese share of Darjeeling’s population rise from 54 per cent in 1901 to 58.4 per cent in 1971 only because of natural growth or did already settled families invite their kin to join them, as migrants do worldwide? Rajiv Gandhi’s refusal in 1986 to countenance citizenship for post-1950 immigrants seems explicable in view of the reported growth of over 700 per cent between 1951 and 2001 in Darjeeling’s Nepalese population.
This eastward push by a vigorous and hardworking community was bound to have consequences on the ground. Indigenous Lepchas and Bhutiyas were reduced to minorities in their own homeland. Ethnic strife erupted periodically in Assam, Manipur, Mizoram, Nagaland and — most of all — Meghalaya. Darjeeling suffered grievously. The diaspora’s most dramatic impact was in Sikkim which had only 2,500 Lepchas, 1,500 Bhutiyas and 1,000 Tsongs in 1873. When the troubles began a century later, the Nepalese were about three-quarters of the population and played a decisive part in changing the status of a Tibetan-Buddhist kingdom with which they could not relate. Typically, the Janata Congress president, Krishna Chandra Pradhan, demanded a Nepalese Hindu king to balance the Bhutiya Buddhist Chogyal! It’s no secret that Bhutan began to be wary of its non-Drukpa population after the Sikkim agitation in which many Darjeeling Nepalese participated. Allegations of Darjeeling Nepalese agitators in Bhutan, too, revived the “greater Nepal” spectre.
Bhutan’s actual Nepalese population may exceed the official 20 per cent. The government began recruiting Nepalese contractual labour (tangyas) in 1900 to work in the tropical forests, allowing them to stay on as tenant farmers with Bhutanese nationality after the 1958 Nationality Law was enacted. Setting a precedent for Ghising, indigenous Drukpa officials avoided calling them Nepalese. They felt absorption would be easier if the Nepalese were called Southern Bhutanese or Lhotshampas. Benign accommodation changed when waves of illegal migrants started taking advantage of Bhutan’s planned growth, empty land and porous borders. The evictions from Bhutan, refugee camps in eastern Nepal, militant organizations, terrorist activity and assisted migration to North America and Europe are another story.
Believing that Gorkhaland would “solve” the “identity problem” he discerned, Ghising made another contribution to the solution by calling his people Gorkha (replacing the “u” of the Indian army’s seven regiments and Britain’s Brigade of Gurkhas with “o”) because Nepalese recalled Nepal and invited comments such as Morarji Desai’s. Prem Poddar claims in Gorkhas Imagined that “the word ‘Gorkha’ (or the neologism ‘Gorkhaness’) as a self-descriptive term... has gained currency as a marker of difference for Nepalis living in India… While this counters the irredentism of a Greater Nepal thesis, it cannot completely exorcize the spectres or temptations of an ethnic absolutism for diasporic subjects.” Despite his acumen, Ghising may have aggravated those fears by sending the Gorkha National Liberation Front’s memorandum to King Birendra of Nepal, Prince Gyanendra and Queen Elizabeth, and by making periodic unpublicized trips to Nepal. The Karuna Mahtab and Ralph Ellison assimilation analogies seemed even less applicable when it was recalled that the All India Gurkha (no “o” then) League referred to Nepal as the “motherland” in its founding constitution.
Several readers have retorted that Bengalis are equally foreign because they are really Bangladeshis. True, many of those who live in Calcutta and West Bengal have ancestral roots in East Bengal (there was no Bangladesh then) just as many Tamils in Chennai may come from villages in Tanjore and other districts. The metropole always attracts aspiring manpower, and internal migration in undivided Bengal followed this universal pattern. The movement since 1947 falls into two categories. The first is a staggered and long-delayed (because of a number of political reasons, not least the 1950 Nehru-Liaquat Ali pact) counterpart of the exchange of population that happened all at once in Punjab. The second is the influx of Muslims from East Pakistan and later Bangladesh which is often abetted by elements in West Bengal. There can be no question that these illegal migrants should be tracked down and deported. But neither category can be compared to the millions of Nepalese who have over the decades crossed the open 500-mile border into a foreign country and made it their home. I doubt if there is a global parallel.
Gorkhaland will be India’s second Nepalese-majority state. It will be bounded by Bangladesh, Nepal, Bhutan and China. The Nepalese are delighted, witness pictures of a triumphantly dancing Bimal Gurung. But Darjeeling’s sitting member of parliament, Jaswant Singh, tempers pleasure with circumspection. “I am, of course, glad that this ‘Genie’ is finally free and roaming, it was long overdue,” he wrote. “The challenge is to understand: ‘what hereafter’ and to address that.” Since Mamata Banerjee denies that the tripartite agreement, whose signing Jaswant Singh attended, will lead to statehood, she may not even realize there is a challenge to understand and address.
sunandadr@yahoo.co.in
source:The Telegraph
- A challenge to understand and address
Sunanda K. Datta-Ray
Our dear friend Karuna — Maharajkumari Karuna Devi Mahtab of Burdwan — never forgave me for calling her, only half in jest, a Punjabi. “Five hundred years in Bengal and we’re still Punjabis!” she exploded. “And not even a word of Punjabi!” her brother added. The protest seemed logical save that, barring exceptional love matches, all Mahtab spouses came from Punjab in those 500 years. A similar conversation with Ralph Ellison, the Black American author of Invisible Man, was more definitive. Ellison nursed no memory, individual or folk, of his African forebears. His consciousness had been shaped in the crucible of the American Dream.
Both conditions were reflected in the forgotten Subash Ghising’s perspicacious reference to “the ‘identity problem’ of the nine million Gorkhas in the country”. His admission also suggested less dogmatism than the angry and emotional response of some Nepalese readers to my Gorkhaland article (“Genie out of the bottle”, July 23). How long does one have to live in a terrain to be regarded as indigenous, one asked. The answer can’t be measured in years or even generations. As the Rastafarian movement and the Black girl flirting with Nigerian names and attire in that magnificent film, A Raisin in the Sun, demonstrated, belonging is a state of mind even more than physical fact. I have seen German-origin Soviet families squatting for days on airport floors with their boxes and bedding like refugees at Sealdah station waiting for flights to “return” to a Germany some had never seen. I also know ethnic Germans who despite Germanic names and appearance, regard themselves and are regarded by others as entirely Russian.
With passports of convenience readily available, legal citizenship is only a small part of identity. Nor is identity constricted by politics which is why many Nagas seek union with their fellow tribesmen in Myanmar. People who knew Dorjee Khandu, the late chief minister of Arunachal Pradesh, say he was loyally Indian to the core but completely Tibetan in lifestyle. A Malaysian bumiputera (son of the soil) is usually born Malay and Muslim, but Malayali settlers in dhoti and angavastram have also been accorded bumiputera status. Karuna Mahtab proved that choice takes precedence over history and ethnicity.
The Nepalese fanned out along the Himalayan foothills, all over India and into Sikkim and Bhutan, long before the world’s only Hindu kingdom surrendered to revolutionary turmoil. Readers who deny that the British introduced Nepalese labour are right only to the extent that migration existed before Sikkim ceded Darjeeling to the East India Company in 1835. But it’s fanciful to claim (as one reader did) that the Nepalese came as long ago as the 1600s. Darjeeling had only 1,900 people in 1850 (2,200 in 1869) and many of them must still have been Lepchas and Bhutiyas. British rule gave migration an impetus. Leo Rose, Lopita Nath and other scholars regard the treaty of Sugauli and establishment of recruitment centres at Ghoom and Gorakhpur as the start. The 1950 India-Nepal treaty was another major landmark. Did the Nepalese share of Darjeeling’s population rise from 54 per cent in 1901 to 58.4 per cent in 1971 only because of natural growth or did already settled families invite their kin to join them, as migrants do worldwide? Rajiv Gandhi’s refusal in 1986 to countenance citizenship for post-1950 immigrants seems explicable in view of the reported growth of over 700 per cent between 1951 and 2001 in Darjeeling’s Nepalese population.
This eastward push by a vigorous and hardworking community was bound to have consequences on the ground. Indigenous Lepchas and Bhutiyas were reduced to minorities in their own homeland. Ethnic strife erupted periodically in Assam, Manipur, Mizoram, Nagaland and — most of all — Meghalaya. Darjeeling suffered grievously. The diaspora’s most dramatic impact was in Sikkim which had only 2,500 Lepchas, 1,500 Bhutiyas and 1,000 Tsongs in 1873. When the troubles began a century later, the Nepalese were about three-quarters of the population and played a decisive part in changing the status of a Tibetan-Buddhist kingdom with which they could not relate. Typically, the Janata Congress president, Krishna Chandra Pradhan, demanded a Nepalese Hindu king to balance the Bhutiya Buddhist Chogyal! It’s no secret that Bhutan began to be wary of its non-Drukpa population after the Sikkim agitation in which many Darjeeling Nepalese participated. Allegations of Darjeeling Nepalese agitators in Bhutan, too, revived the “greater Nepal” spectre.
Bhutan’s actual Nepalese population may exceed the official 20 per cent. The government began recruiting Nepalese contractual labour (tangyas) in 1900 to work in the tropical forests, allowing them to stay on as tenant farmers with Bhutanese nationality after the 1958 Nationality Law was enacted. Setting a precedent for Ghising, indigenous Drukpa officials avoided calling them Nepalese. They felt absorption would be easier if the Nepalese were called Southern Bhutanese or Lhotshampas. Benign accommodation changed when waves of illegal migrants started taking advantage of Bhutan’s planned growth, empty land and porous borders. The evictions from Bhutan, refugee camps in eastern Nepal, militant organizations, terrorist activity and assisted migration to North America and Europe are another story.
Believing that Gorkhaland would “solve” the “identity problem” he discerned, Ghising made another contribution to the solution by calling his people Gorkha (replacing the “u” of the Indian army’s seven regiments and Britain’s Brigade of Gurkhas with “o”) because Nepalese recalled Nepal and invited comments such as Morarji Desai’s. Prem Poddar claims in Gorkhas Imagined that “the word ‘Gorkha’ (or the neologism ‘Gorkhaness’) as a self-descriptive term... has gained currency as a marker of difference for Nepalis living in India… While this counters the irredentism of a Greater Nepal thesis, it cannot completely exorcize the spectres or temptations of an ethnic absolutism for diasporic subjects.” Despite his acumen, Ghising may have aggravated those fears by sending the Gorkha National Liberation Front’s memorandum to King Birendra of Nepal, Prince Gyanendra and Queen Elizabeth, and by making periodic unpublicized trips to Nepal. The Karuna Mahtab and Ralph Ellison assimilation analogies seemed even less applicable when it was recalled that the All India Gurkha (no “o” then) League referred to Nepal as the “motherland” in its founding constitution.
Several readers have retorted that Bengalis are equally foreign because they are really Bangladeshis. True, many of those who live in Calcutta and West Bengal have ancestral roots in East Bengal (there was no Bangladesh then) just as many Tamils in Chennai may come from villages in Tanjore and other districts. The metropole always attracts aspiring manpower, and internal migration in undivided Bengal followed this universal pattern. The movement since 1947 falls into two categories. The first is a staggered and long-delayed (because of a number of political reasons, not least the 1950 Nehru-Liaquat Ali pact) counterpart of the exchange of population that happened all at once in Punjab. The second is the influx of Muslims from East Pakistan and later Bangladesh which is often abetted by elements in West Bengal. There can be no question that these illegal migrants should be tracked down and deported. But neither category can be compared to the millions of Nepalese who have over the decades crossed the open 500-mile border into a foreign country and made it their home. I doubt if there is a global parallel.
Gorkhaland will be India’s second Nepalese-majority state. It will be bounded by Bangladesh, Nepal, Bhutan and China. The Nepalese are delighted, witness pictures of a triumphantly dancing Bimal Gurung. But Darjeeling’s sitting member of parliament, Jaswant Singh, tempers pleasure with circumspection. “I am, of course, glad that this ‘Genie’ is finally free and roaming, it was long overdue,” he wrote. “The challenge is to understand: ‘what hereafter’ and to address that.” Since Mamata Banerjee denies that the tripartite agreement, whose signing Jaswant Singh attended, will lead to statehood, she may not even realize there is a challenge to understand and address.
sunandadr@yahoo.co.in
source:The Telegraph
Thursday, May 12, 2011
Kazi Lhendup Dorjee Khangsarpa: 1st democratic CM of Sikkim
Rajen Upadhyaya
The political upheavals of 1940s precipitated into protest movement of 1973 that finally led to the merger of Sikkim into India in 1975. 1919 up to 1947 is referred as Gandhian era in the Modern Indian History. Similarly, the period between 1945 up to 1975 can be regarded as Kazian era in the Democratic History of Sikkim. It was during this period that the late L.D. Kazi single handedly guided the democratic movement of Sikkim till its merger.
Kazi Lhendup Dorjee Khangsarpa was born at Pakyong, East Sikkim in the ancient and noble Khangsarpa family in 1904. As a pious Buddhist he entered the Rumtek monastery at the age of 6 years. His uncle Tshurfuk Lama Rabden Dorjee was the then Head Lama of the famous Rumtek Monastry and young Lhendup became his disciple.
Sidkeyong Namgyal, the then Maharaja of Sikkim, while once on a visit to the Rumtek liked the young monk Lhendup and took him to Gangtok. The Maharaja put him in a Tibetan School. At the age of 16 Kazi Lhendup returned to Rumtek monastery and underwent strict training of Lamaism for another two years. Thereafter he succeeded as the Head Lama of Rumtek Monastery and its estates on the retirement of Lama Ugen Tenzing. Kazi Lhendup remained as Head Lama at Rumtek monastery for 8 years, and then left the monastery to work with his brother Kazi Phag Tshering, who founded the Young Mens’ Buddhist Association at Darjeeling. The two Kazi brothers founded a large number of schools in West Sikkim and were instrumental in bringing about a number of social and other reforms.
The 40’s of the 20th century witnessed a heralding change world wide. A person with the feeling of service to mankind, Kazi Lhendup founded a Political Organization known as Rajya Praja Mandal at his native place at Chakhung in West Sikkim. In 1947 the amalgamation of the three petty political organizations of Sikkim Rajya Praja Mandal, Rajya Praja Sammelan and Praja Sudhar Samaj took place. On 7th December 1947 they held a joint meeting at today’s Palzor Stadium (then Polo Ground) and decided to form a compact body to combat lawless feudalism. The huge gathering of 7th December 1947 led to the birth of first ever political Party of Sikkim known as Sikkim State Congress. Tashi Tshering also popularly known as Tashi Babu of Gangtok was the elected President of Sikkim State Congress.
In 1953, Kazi Lhendup Dorjee Khangsarpa (people of his native place fondly called him Kancha Kazi) became the President of Sikkim State Congress and held that post till 1958. During his President ship he led a delegation to Delhi in 1954 to call on the Prime Minister of India, Pandit Jawaharlal Nehru. The Sikkimese had been fighting for political and economic reforms and these were discussed by the delegation with Pandit Nehru, who was deeply impressed by the sincerity of Kazi Lhendup Dorjee. The Indian Prime Minister promised to give assistance for the progress and economic welfare of the Sikkimese populace and assured Government of India’s support towards political reform in Sikkim.
After the foundation of the Sikkim State Congress (which was a pro-peasant party) the pro feudalists founded another political party in 1948 to curb the rising tide of democratic ideas. The new political party was known as Sikkim National Party and it was basically patronized by the palace. The Sikkim State Congress had branded this party as the “party of palace”.
Kazi Lhendup Dorjee realized the futility of the communal approach in the political scenario of Sikkim. Welfare of the people being close to his heart, he decided to form another party, called the Sikkim National Congress in 1960. His main approach was to form a non-communal party which could give the Sikkimese peace, prosperity and progress. Contesting on this platform his party secured 8 seats out of 18 in the third General Elections of Sikkim in 1963. Kazi Lhendup Dorjee formed the opposition in the Sikkim Council and tried to bring about a feeling of communal harmony.
meeting wid chogyal
In personal life, Late Kazi Lhendup Dorjee Khangsarpa had his second wife from Belgium. Her name was Kazini Eliza Maria (also known as Kazini Sahiba of Chakhung) who played a vital role in guiding and assisting Kazi Lhendup Dorjee Khangsarpa in his day to day affairs. She was an influential woman who used to do most of the paper works of the party of Kazi from their cozy bungalow at Kalimpong.
The General Election of 1973, the last general election of independent Sikkim, based on the notorious parity formulae, did not satisfy the Sikkim National Congress. This led to an agitation in April 1973 which ultimately led to the merger of two influential political parties of Sikkim the Janata Congress and Sikkim National Congress giving birth to Sikkim Congress.
In the elections of 1974, Sikkim Congress secured 31 out of 32 seats in the Sikkim Assembly and formed its government based on principles of Liberty, Equality and Fraternity. Kazi became the first elected Chief Minister. The Sikkim Congress delegates used to attend the annual session of the Indian National Congress. After the merger of Sikkim in India in 1975, the political party of Kazi Lhendup Dorjee Khangsarpa was also merged with the Indian National Congress at Kamagatamaru Nagar in Chandigarh.
Personally Kazi Lhendup Dorjee Khangsarpa and Kazini Eliza Maria lost everything — perhaps not really everything — because the people of Sikkim still remember him with fondness. The father of democracy in Sikkim was not even allowed to enter Sikkim when he lost election in 1979. The memorable Kazi expired on July 29, 2007.
Kazi did not live for personal gains. He lived for the people of Sikkim. “By merging Sikkim with India, Kazi Lendhup Dorji Khansarpa of Chakung brought new prosperity to the people of Sikkim, restored their rights and gave India a jewel in the crown studded with the silvery Kanchenjunga”. (M. K Dhar, If not for Him Sikkim would not be a part of India)
The above post has been published on Rajen Upadhyaya’s blog
About the author:
Rajen Upadhyay from Namchi, Sikkim is an Assistant Professor of History in the Namchi Government College. A passionate reader and sports enthusiast Rajen is working to revive the History of Sikkim. You can read his blog sikkim-historyhunter
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