The Sikkim Interpretation And General Clauses Act 1977

(5) "Central Govemment" in relation to anyihing done or to be donc aftel the commencemcnt of the Constitution (Ihirty-sixth Amendment) Act, 1975, mear s the Presj dent and includes, in relation to functions entrusted undo clause (1) of Article 258 of the Constitution to the govemment of Sikkim, the government of Sikkim, during the scope of the authority given to it under that clause.

(6) "child", inttre case ol anyone rvllose personal laf permits adoption, includes an adopted chil.l.

(7) "collector" mean. the chief officer in charge of the revenue administration of a district.

(8) "commencement", used with reference to an enactment, means the day on which such enactment comes into force. Where by any Sikkim law a power to appoint any person to hold any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment may be made by name or by virtue of office.

1. (9) "Constitution" means the Constitution of India.

(10) "daughter", in the case of anyone whose personal law permits adoption, includes an adopted daughter. In any Sikkim law, it shall be sufficient for the purpose of indicating the application of the law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed.

(11) "District Court" means the principal civit court of original jurisdiction constituted for the purpose but shall not include the High Court in the exercise of its ordinary or extraordinary original civil jurisdiction; and District Judge in relation to District Court also includes an Additional District Judge. Where by any Sikkim law a power to issue any orders, rules, regulations or by-laws is conferred, then that power includes a power exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind them.

Where any Sikkim law repeals and re-enacts with or without modification, then, unless it is otherwise expressly provided, any appointment, rule, notification, order, scheme, form or by-law made or issued under the repealed enactment, shall so far as it is not inconsistent with the provisions re-enacted, continue in force and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification, order, scheme, form or by-law made or issued or anything done or action taken under the provisions so re-enacted.

1. (13) "oath" includes affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing.

Where by any Sikkim law any power is conferred or any duty is imposed, then, unless a different intention appears, that power may be exercised and that duty shall be performed from time to time as occasion requires.

Where any Sikkim law confers a power or imposes a duty on the holder of an office, then the power may be exercised and the duty shall be performed by the holder for the time being of the office.

Where by any Sikkim law a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment may be made by name or by virtue of office.

Where by any Sikkim law a power to make any appointment is conferred, then, unless a different intention appears, the authority having for the time being the power to make the appointment shall also have power to suspend, remove or dismiss any person appointed, whether by itself or by any other authority, in exercise of that power. Every rule made under any Sikkim law shall be published in the Official Gazette and shall, in the absence of an express provision to the contrary either in the rule or in the law under which it is made, come into force on the day on which it is published in the Official Gazette.

Where any Sikkim law a power is conferred on any person or functionary to order or enforce the doing of any act or thing, such power shall be deemed to include all such powers as may be necessary to enable such person or functionary to do or enforce the doing of such act or thing. Where, by any Sikkim law, a power to make rules, regulations or by-laws is conferred, then that power may be exercised at any time after the passing of that law and before its commencement, to take effect till the commencement of such law.

Where any Sikkim law confers a power or imposes a duty on the holder of an office, then the power may be exercised and the duty shall be performed by the holder for the time being of the office. (1) The authority having power to make the rules, regulations or by-laws shall, before making them, publish a draft of the proposed rules, regulations or by-laws for the information of persons likely to be affected thereby; (2) The publication shall be made in such manner as that authority deems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the Government prescribes; (3) There shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration; (4) The authority having power to make the rules, regulations or by-laws, and where the rules, regulations or by-laws are required to be made with the sanction, approval or concurrence of another authority, that authority also shall consider any objection or suggestion which may be received by the authority having power to make the rules, regulations or by-laws, from any person with respect to the draft before the date so specified; (5) The publication in the Official Gazette of a rule, regulation, by-law or order purporting to have been made in exercise of a power to make rules, regulations or by-laws after previous publication shall be conclusive proof that the rule, regulation, by-law or order has been duly made.

(1) Where any Sikkim law provides that any regulations or rules made thereunder shall be laid before the Legislative Assembly, such regulations or rules shall be laid before the Legislative Assembly as soon as may be after they are made, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, the Legislative Assembly makes any modification in the regulations or the rules, or resolves that such regulations or the rules should not be made, such regulations or the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under such regulations or rules or order. (2) Where regulations or rules are required by any Sikkim law to be laid before the Legislative Assembly, then, in accordance with the provisions of that law, they shall, on the expiry of the days as aforesaid, take effect either in the form in which they were laid or in the form in which they were modified by the Legislative Assembly.

The provisions of sections 63 to 70 of the Indian Penal Code and of the provisions of the Code of Criminal Procedure for the time being in force in relation to the issue and the execution of warrants for the levy of fines shall apply to all fines imposed under any Sikkim law or any rule, regulation or by-law made under any Sikkim law, unless such law, rule, regulation or by-law contains an express provision to the contrary.

Where any Sikkim law requires any document to be served by post, whether the expression 'serve' or either of the expressions 'give' or 'send' or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting by registered post a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Where any Sikkim law is repealed and re-enacted with or without modification, then, unless otherwise expressly provided, any appointment, rule, notification, order, scheme, form or by-law made or issued under the repealed enactment, shall so far as it is not inconsistent with the provisions re-enacted, continue in force and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification, order, scheme, form or by-law made or issued or anything done or action taken under the provisions so re-enacted.

Every rule made under any Sikkim law shall be published in the Official Gazette and shall, in the absence of an express provision to the contrary either in the rule or in the law under which it is made, come into force on the day on which it is published in the Official Gazette.

Where, by any Sikkim law, a power to make rules, regulations or by-laws is conferred, then:

1. (1) the authority having power to make the rules, regulations or by-laws shall, before making them, publish a draft of the proposed rules, regulations or by-laws for the information of persons likely to be affected thereby;
2. (2) the publication shall be made in such manner as that authority deems to be sufficient, or if the condition with respect to previous publication so requires, in such manner as the Government prescribes;
3. (3) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration;
4. (4) the authority having power to make the rules, regulations or by-laws, and where the rules, regulations or by-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules, regulations or by-laws from any person with respect to the draft before the date so specified;
5. (5) the publication in the Official Gazette of a rule, regulation, by-law or order purporting to be made in exercise of a power to make rules, regulations or by-laws shall be conclusive proof that the rule, regulation, by-law or order has been duly made.

1. (1) Where any Sikkim law provides that any regulations or rules made thereunder shall be laid before the Legislative Assembly, such regulations or rules shall be laid before the Legislative Assembly, as soon as may be after they are made, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid the Legislative Assembly makes any modification in the regulations or the rules, or resolves that such regulations or rules should not be made, the regulations or rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under those regulations or rules.
2. (2) Where regulations or rules are required by any Sikkim law to be laid before the Legislative Assembly, or to be laid before the Legislative Assembly in accordance with the provisions of this section, they shall, on the expiration of the period as aforesaid, be of no effect unless they are again laid before the Legislative Assembly in accordance with the provisions if such regulations or rules are continued for any such period.

The provisions of sections 63 to 70 of the Indian Penal Code and of the Code of Criminal Procedure for the time being in force, in relation to the issue and the execution of warrants for the levy of fines shall apply to all fines imposed under any Sikkim law or any rule, regulation or by-law made under any Sikkim law, unless such law, rule, regulation or by-law contains an express provision to the contrary.

Where, any Sikkim law requires any document to be served by post, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

(30) "month" means a month reckoned according to the English calendar.

General Rules of Construction: Subject to the manifest extent of the Act, Sikkim law, unless otherwise expressly provided, applies to the whole of Sikkim.

1. (1) Where any Sikkim law made after the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, is not expressed to come into operation on a particular day, then it shall come into operation- (a) if it is an Act of the Sikkim Legislature, on the day on which it is received the assent of the Governor or the President, as the case may be, and (b) if it is an ordinance, on the day on which it is first published.

1. (1) Unless the contrary is expressed, a Sikkim law shall be construed as coming into operation immediately on the expiration of the day preceding its commencement. (2) Where any Sikkim law, or any order or notification made thereunder, is expressed to come into operation or be repealed, or to expire or to cease to have effect on a particular day, it shall, unless the contrary intention is expressed, be construed as ceasing to have effect immediately on the commencement of that day.

No Sikkim law shall in any manner whatsoever affect the rights of the Government unless it is expressly provided therein or unless it appears by necessary implication therefrom that the Government is bound thereby.

Where any Sikkim law has been committed by a company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in the law if it is proved that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

Where any Sikkim law is repealed, then, unless a different intention appears, the repeal shall not: (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, penalty, liability, forfeiture or punishment aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the repealing law had not been passed.

Where any Sikkim law ceases to have effect or ceases to operate on the expiration of a particular period or on the happening of a particular contingency, then, unless a different intention appears, such expiry or cessation shall not affect: (a) the previous operation of, or anything duly done or suffered under, the law; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under law; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against such law; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment aforesaid; and any investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the law had not ceased to have effect or ceased to operate.

Where any Sikkim law repeals any enactment then existing or an enactment which had ceased to have effect or to operate, or where any Sikkim law has been amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.

In any Sikkim law made after the commencement of this Act, it shall not be necessary for the purpose of reviving either wholly or partially any enactment wholly or partially repealed, expressly to state that purpose.

Where any Sikkim law repeals and re-enacts with or without modification any former enactment or any provision thereof, then, in any other enactment or instrument, reference to the enactment or provision repealed shall, unless a different intention appears, be construed as references to the enactment or provision, as the case may be, so re-enacted.

Where by any Sikkim law any power is conferred or any duty is imposed, then, unless a different intention appears, that power may be exercised and that duty shall be performed from time to time as occasion requires.

Where any Sikkim law has conferred a power and under person to do or enforce the doing of any act or thing, such power shall be deemed to include all such powers as may be necessary to enable such person or functionary to do or enforce the doing of such act or thing.

Where any Sikkim law conferred a power or imposes a duty on the holder of an office, then the power may be exercised and the duty be performed by the holder for the time being of the office.