The Sikkim (Repeal and Miscellaneous Provisions) Act, 1985

(1) This Act may be called the Sikkim (Repeal and Miscellaneous Provisions) Act, 1985. (2) It shall come into force at once.

In this Act, unless the context otherwise requires,— (a) "appointed day" means the date on which this Act comes into force; (b) "Committee" means the Bazar Committee constituted under section 3 of the Sikkim Bazar Committee Act, 1969; (c) "Corporation" means the Gangtok Municipal Corporation constituted under section 3 of the Gangtok Municipal Corporation Act, 1975; (d) "State Government" means the Government of the State of Sikkim or any Department of the Government of Sikkim or any person or persons authorised in this behalf by a notification by the State Government; (e) "Regular Employee" means an employee whose services have been regularised as per rules in force.

On the appointed day, the Sikkim Bazar Committee Act, 1969 and the Gangtok Municipal Corporation Act, 1975 shall stand repealed, and the Committee and the Corporation shall stand dissolved.

On the dissolution of the Committee and the Corporation— (a) functions, powers and duties of the Committee and the Corporation shall stand transferred to and vest in the State Government in the Local Self-Government and Housing Department; (b) all properties, movable and immovable and all interests of whatsoever nature and kind therein which vested in the Committee or the Corporation shall, on the appointed day, continue in the State Government in the Local Self-Government and Housing Department; (c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Committee or the Corporation shall be deemed to have been incurred, entered into or engaged to be done by, with or for the State Government in the Local Self-Government and Housing Department; (d) all sums of money due to the Committee or the Corporation immediately before the appointed day shall be deemed to be due to the State Government.

Subject to the provisions of this Act, the State Government may impose the following taxes and fees or any of them: (a) a tax on the annual value of holdings; (b) a water rate as per the consumption; (c) a tax on trade, profession or calling; (d) any other tax, rate or fee which the Government may deem necessary.

If any person contravenes— (a) any of the provisions and conditions of licence issued under the rules; or (b) any of the rules or direction or notification issued under the Act or rules made thereunder, the officers of the Local Self Government and Housing Department specially authorised in this behalf by the Secretary of the said Department may, without prejudice to any other action that may be taken against him under the Act or rules made thereunder— (i) seize the goods involved; and (ii) by written order restrain or prohibit the said person from carrying on this activity in contravention of the licence issued or the rules or order or directions issued under the Act or rules made thereunder.

The goods so seized under section 7A shall be liable to be sold in public auction and the sale proceeds thereof shall be forfeited: Provided that no such auction shall be held without providing such person concerned whose goods are to be sold an opportunity to be heard.

Notwithstanding anything contained in the law relating to the Criminal Procedure for the time being in force, it shall be lawful for a Magistrate of the first class to pass any sentence authorised by this Act in excess of his power.

Every order passed or direction issued by the State Government or order passed or notice issued by any officer authorised under this Act shall be final and shall not be questioned in any suit or other legal proceeding.

The existing rules governing the subjects enumerated in section 6 and other rules dealing with the same shall continue until they are varied, altered or amended under section 6 of the Act.

(1) The Sikkim (Repeal and Miscellaneous Provisions) Amendment Ordinance, 1987 (Ordinance No. 1 of 1987) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken in exercise of the powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or such action was taken.

Every order passed or direction issued by the State Government or order passed or notice issued by any officer authorised under this Act shall be final and shall not be questioned in any suit or other legal proceeding.

The existing rules governing the subjects enumerated in section 8 and other rules connected therewith shall continue until they are varied, altered or amended under section 8 of the Act.

(1) The Sikkim (Repeal and Miscellaneous Provisions) Amendment Ordinance, 1987 (Ordinance No. 1 of 1987) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken in exercise of the powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing was done or such action was taken.