Sikkim Interpretation And General Clauses Act 1977

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SIKKIM
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G'OVERN MENT GAZETTE
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EXTRAORDINARY

PUBLlSHED BY AUTHORITY

No. 122 Gangtok, Thursday, October ,27, 1977.

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LEGISLATIVE DEPARTMENT

NOTIFICA nON,

No. '6/LL/77

Dated Gangtok, the 25th October, 1977. '
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The following Act of the Sikkim cegislative' Assembly havi!lg receive d the assent of the
,Governor (lil the r 7th dly of October,'}9'77 is hereby published tor general information,

SIl<IS:IM 'ACT NO. 6 \ OF 1977

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SIKKIM INTERPRETATION AND GENERAL CLAUSES ACT, 1977
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to provide 'for and to facilitate the interpretation and construction of Sikkim laws, to '
'shorten the language used therein and to make certain' other provisions relating to
such laws.

WHEREAS it i,sexpedient to, provide for and to.facilitate theinterprer
tation and construction of Sikkim laws, to shorten the language used therein and to

, make certain other provisions relating to such laws: , ' r '

\Be 'it e~q~ted by the Legisl~ture 'of. Sikkim in the Twenty-eighth ,
.ye'lr of the Republic of India as follows:- . "

~HAPTER I

Application, \

Preliminary \ ~
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This Actmay be called the Sikkim Interpretation and.' General Clan.
i. ses Act, I977. .

It shaU"'come into force on such date as the StateGover~ment may,
by notification in the Official Gazette, appoint. , , ,

, 2. ' . Unle~s otherwise expressly provided or unless thecol1,text otherwise
reqUires, the provisions of this Act shall apply to- I "

(a) all Sikklm Jaws,'made before or .after the commencement of this
Act; , _, , '

(b) all notifications,' orders, schemes, rules, r,egLilati'pn~,by-laws or
any other instruments ha~ing tfe force of law and, madeunder or in 'exercise of any
power conferred 'by any Sikkim law. ' -,

I. (I)Sbon fitle and com-
mencement.

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/ Difiuitians ,

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CHAPTER II

Definitions

3, / ' In all Sikkim laws, unless there is anythi~ repugnant 'in th~ subject
or context or unless a, contrary intention appears,- '

(r) "abet", with its grammatical variations and cognate expressions,
has the same meaili~g as in the Indian Penal Code, 1869 j ,

(2) "act", used with reference to an offence or a civil wrong, denotes
. a series of acts, and words which refer to acts done extend also to illegal omissions;

, (3) "affida~it",me\ns.a statemeri~ in writing signedby the person,
making, it and confirmed by oath; ! <, , '

(4) ,i Central Act" shall mean an Act of Parliament and~hall include~
, (a) an Act '~f, the Dominio~ Legislature or of th~ Indian Legislature

passed before the commencem1ent of the Constitution, and' ,
(b) an Act made before' such commencement by' the Governor Ge-

neral-in-Council'?r the Governor' yener<rlacting in a legislative capacity;
(5) "Central Government" in relation to anything done or to be

done after the commencement of the Constitution (Thirty-sixth Amendment) Act,
\ 975, means the President and includes, inrelation to functions entrusted under clause'
(~) of Article 258 of the Constitution to the Governi~ent of Sikkim, the Government
of Sikkim acting within the scope of the authority given to it 'under that clause ; ,

(6) "child", in lthe c;se of anyone whose personal law permits adop-
tion, includes an adopted child;

(7) "eollee,tor" means the chief officer in charge of the revenue
administration of a district ; . " , ," ,
, (8) "corrllnencem,ent", used with reference to all. enactment, means

th'e day on which such enactment comes, into' force; ", '
(9) "Constitution" means the Cons'tit~tion of' India; ,, ,

, (10) "daughter';" in the case of anyone whos~ personal law permits
adoption, includes ap adopted daughter; , '

(I I) V da~" means the period of twenty-four \ hours begining, at .
midnight; " , I

. (12) "District COUl't" \lneans the principal civil court of, original
jurisdiction constituted for the purpose but shall notInclude the High Court in the
exercise of ilf.; ordinary or extraordinaryoriginal civ!l jurisdiction;

, (13) "District JlI(~ge': means the judge of District Court and inclu-
des an Addiuonal District Judge; , '

(14) "document',' includes any matter written, expressed, inscri-
bed ,or described tlpon anY,.substance by means of letters: figures' or marks or by
more than one 0'£ those means which is intended to be 'used or which may be used
for the purpose ofrecordinq that matter; \ ,

<15) ','enact'ment'.' means any Jaw and includesany provision contained
in any law;

(16) "fathel''', .in the case of 'anyone whose personal law permits
3cloptior" includes an adoptive father; I "

(~7) "financiaf' year" mLns the year commencing .on the first day
of April and ending on thethirty-firs~ day of March fiext fpllowing;

(18) "good faith':' a'thing is deemed to be done in good faith where
it is in fact done honestly, whether it is .dorre negligently or not; ,

(19) "Go~ernm~nt" or' "tl~e Government" includes the State Go-
vernment as well as the Central Government;
.. ", ,/" "fl f '(20) government seCUl'lty, means securrties ~ t te Government 0
Sikkim- or any other Government; ,

('2I) "Gover~'lOl)' means, as respects .the period after the commence-
Constitution: ('rhi~ty-six~~\Amend~11ent) Act, \L97 S, the Gov~rnor ofment of the

Sikkim; ,
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(2~) "gmwing crops" mean crops"of all sorts attached 'to the soil
and leaves, flowers and fruits upon and juice in, trees and shrubs; \

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(23) "High Court" means the High Court of Sikkim. ,
(24-) "Immovable pr<;>perty" includes land, benefits to arise out of

land and things attached to the earth or permanently fastened to anything' attach'ed
to earth but does not include standing, timber, g:owing; crops or grass;

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, \ (25) "~mprbonment" meansimprisotlment of either discription as
defined in the Indian Penal Code, 1860;

. (26) "Law:" means any law, Act, Ordinance, Proclamation, ,regtlla-
tion, rule, notification, order, by-law, scheme or other instrument ha'ving for the
time being the force of law; ..,.,

, '(27) "Legislative· Assembly" or "State Legislative Assembly" means
the Legistlative Assembly.of the State of Sikkim ;

(28) "local! authority" mean~ a municipal, corporation, a municipa-
lity, a municipal committee, a local or district board, a Zilla Parishad , a Panchayat
Samitee, a Block Panchayat or any other authority legally entitled to or entrusted
by the Government with the controlor managemen~ c:fmunicipal or loca I fund;

(29)' "Magistrate" includes every person exercising all or any of the
powers of a magistrate under the bode of Criminal Procedure for the time being in
force;

calender;
'(30) "month" means a month reckoned accorcling to ~he English

(3 I) "mother", I'll' the -case of anYOl?ewhose personal law permits
adoption, includes an adoptive mother;
" (32) " 'movable proper tv' means property of,every description except'
immovable property; . . , . . '. .

(33) "o~th" includes affirmation and declaration iri the case of per-
sons by law allowed to affirm or declare instead of swearing; .,

. (34) "offence" pleans anY,act or o~1issionmade punishable b/an),
law for the time being in force; .

(35) "Parliament" means the Parliament of India;
or ~o.dy of in-•.....(36) "person" j~cludes any company or' association

dividuals, whether incorporated or not j ,
(37) "prescribe" means prescribed by rules made

merit iJ~which the expression occurs;
(38) "'Preside'ne' me,ans the President of India;
(39) "public nuisance." has the sa~e m~!\ning as .in

Code, 1860 { I' l

under an enact-

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the Indian Penal...I

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(4-0) "registe~ed" "us~dwith reference to a document; means regi;tered
in Sikkim or anywhere else' in India under any law for the time being in force for
the registration of documents : , ,

(4-1) "regulation" means regulation made in exercise of a power
conferred by any enactment and includes a non-statutory or other independent re-
gulation haviI(g for the time being the forc~ of law; .

C4-2) "rule" means a rule made in exercise of a power conferred by
any enactment and includes a non-statutory or 'other independent rule haVing for
the time ,being the force of law;

(4-3) "sign" with its grammatical variations and ~ognate expressions,
used with reference to a person whoIs unable to write his name,incluc1es "mark"
with its gi'ammatical variations and cognat~ expressions;

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J '(44) "Sikkim laws" mean and include:-
(a) all laws in force in' the territories comprised in the State', of,

Sikkim or aIiy part thereof immediately before the commencement of the Consti-
tution (Thirty-sixth Amendment) Act, 197 ~; .

., . (b) all la';'"'samending or repealing any 'such law,refer{.ed to in
sL~b-clause j (a); . . . .'

(c) all orders made and passed under.clause (r jof Article 371 F
'of the Constitution ma].;:ingadaptations or modifications_of the l~ws referred' to
in sub-clause (a) whether. by way of repeal or amendment ; \

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(d). all enactments in force,in a State '01" some States in India' with
respect 'to matters in the State'Li_st or the' Concurrent List of the Constitution not
being Central Acts and.extended to the State of Sikkim by riotifications under cls, .e
(n) of Article '371 F of the Constitution ; , ,

(e) all Ordinances promulgated by .rhe Governor ~f Sikkim ;
\ (f) all Acts passed by the Sikkim Legislative Assembly which have

received the assent of the Governor or the President; ,"
(g) all laws 'made by parliament or the President in respect of the

State of Sikkim under-or in exercise of the powers conferred tby Article 35" and
Article 357 of the Constitution; , '

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(4-5) "son", in the case of anyone whose personal, law permits adop-

tion, includes an adopted son; '\

\ (4-6) ,"State Government" or "the Government of Sikkim", in/relation
to anything done or to be done onand from the commencement of the Coniti1:ution'
(Thirty-sixth Amendment) Act, 1975, means the Governor; , ,

, '(4'7) "swear"with its gra'mmatical variations and cognate' expressions
includes affirming 'and declaring in the' 'case of person b\)' law apowed to affirm 91"
declare instead of swearing; _. , ' \ '

'(4-8) "will" and "C<ldicil" have the meanings respectively assigned
to them in the Indian .Succession .Act, 1925;

E4,9Y "~riting" includes printing,~type-writing, lithography, pho-
tography and other modes of represent.ing or reproducing words in a visible form;

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(So) "year" means a year reckoned according to the English calendar., ,

Territorial extent c:F
Sikkim [aws .

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General Rules of Construction ~

4, Every Sikkim law, unless 'otherwise expressly provided, applies
to tile whole of Sikktm. . ••••.

Coming, into operation,), (I) Where any Sikkim Jaw made ~fter the commencement of, the
cif}iki<illl law, Constitution (Thirty-sixth Amendment) Act, I!17S,is not expressed to come into

operatioll' on a, particular day, t~en it shall come into operation-
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, (a) if it is an Act of the Sikkim Legislature, on ithe day en which
it received the assent of the Governor or the President, as the case may be, and

, (b) i.f it is an Ordinance, on the clay on ~vl~iclil it is first published
rn tile Olticia] Gazette.

(2) Unless the contrary is expressed, a Sikkim 1aw shall be construed
JS CClliling into operation immediately on the ex~iratjon of the day preceding its
comrncncerncut. " ".. ". "

[xpil} ~rtemporal)' \1. Where any Sikkim law 'is, expressed to' expire, lapse or otherwise
laws, cease to have effect 011 a particular day, it shall, unless the contrary intention is

cxprcssed , he construed as ceasing to have effect immcdiatelv on the commence-,', "\
mcnt of the rollo'~~/ing day. "

Rights 'of the C6vcm- 7. < , No ,Silckim lay; shall in any manner whatsoever affect the rights of ,
ment . ' the Government unless it is' expressly provided therein OJ: unless it appears by ne-

cessary implication therefrom that the Government is bound thereby.' , ,

Effect ~f illcorop()ra-- 8, Where any Sikkim law constitutes a body corporate by any form
tion . of words , thai: botly cOj:poratf shall have ,PCl petual succession and a common seal

and m~y enter into. contracts by its corporate name and acquire, hold and dispose of
propert)', whether movable or immovable and shall sue or be sued by or in its
corporate name.
9, (1) Where an offence under any Sikkim lawhas been \committed
by a company, the company as ,well as e~ery 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 proceed-
ed against and Funished accoridngly : ' , " '~ ","

Provided that nothing contained in this sub-section shall render aliy
such person J (,~l")cto any punishment if he proves that the offence was commi.tted
without his knovlfledge or thathe exercised all due diligence to,preve;t.t the commi-
ssion of such offence. '

Qffences by compo-
nics,

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MeaSlIrement cj'dis- IS, In the measurement of any _distance for the 'purpose ofany Sikkim [aw,
that distance shall, unless a different intention appeilrs, be measured in a straight line
on a horizontal plain, ,'" '
16, I ' 'Wherever in any Sikkim law 0. punishment is provided for an offence,
such punishment shall, unless a different intention appears, be deemed to b1 the
maximum punishment for that offence',

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Del'iation.fi'omJorms, 17. Save as otherwise expressly provided by 'any Sikkim Taw, wherever
a form is prescribed by any Slkkim law, any deviation therefrom, not affecting the
substance 01' calculated to mislead, shall not invalidate it. \

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18. Save as otherwise expressly provided by any Sikkim jaw, no act done
by any authority, whether legislative, executive '01' judicial, shall be invalid bi rea-
SOl'I. only of its having been done on a public, holiday or before, beyond or after usua]
office hours,

19, Where' an act or;omission· constitutes an offence, unde~ two or more :
Sikkim laws.the offender shalli bc liable to be prosecuted and punished under' either
or any of those laws but'shall not be liable to bepunishedmol'e than once ,for the,
same offence.

Gcnde» and number,

Commencement and
termination cd' time
ill Sikldm Jaw,

Computation if t:iI7lC,

Expression if time.

Day to be tqhen pro

rata.

tance.

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Penalties provided to
bedeemed maximum

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penalties,

Act done on holidays
or outside '?/Jicc
hours. '

Provision; as to qjf-
snces punishable un-
del' two or ,!JOre Si/,-
kim lows.

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I1fect of repeal,

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(2) Where any offence under anv'Sikkim law has been committed

by a con,pany, any director, man~ger, secretary or other; officer of the company,
not being a person in, charge of and responsible to the company for the conducti of
its business at, the time of the commission of the offence, shall, if it liS proved that
the offence has been committed with his consent or connivance 'or that the commi-
ssion of the offence is ,attributable to 'any neglect on his part, also be deemed to be
gUilty of that offence and shall be liable to be proceeded against and punished accor-
~ingly. ' ' ,

E~planations:- For the purpose of this s~~tion-'
(a) "Company"'means any body corporate and in-
cludes a' firm or other association of individuals; and,,- . .

(b) "director" in relation to a firm, means a partn'er'
in the firm, '

In~H Sikkim laws, unless a different intention appears -
(a) words importing the masculine gender sh~ll be tal~e,~ to include

fernales ; and

(b) words :in the si,ngular shall be taken to .include the plural and
vice - versa,

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In any Sikkim law it shall be sufficient .-

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(a) to use the word "from" or the word "after" for the. purpose
of excluding the first in a series of day,s; ,

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. (b) to use the word "to" 'for the purpose of h:cluning the jlast in

a series of days; ,and , . \
(c) to use the,w6rd "on" or the 'word "with" for the purpose of

including, the day on which the period is expressed to begin ·01' to end,

12, Where by any Sikkim law, allY act or procee(1ing is directed or allowed
to be clone or tal~en in any Court or office on a certainday or within a specified pe-
riod then if the Court or office is closed on that day on the last clay of the specified
period, the act or proceeding shall be considcr~d as clone or taken in due time if it .
is done or ttken on the next (lilYafterwards en.which, the Court or office is open. .
13. ..',Where in any Sikkim law any reference to a specified time of the day
occurs, SUCh time shall, unless it is otherwise speclficallystated.vbe deemed tojnean
the Indian Standard Time. '\ . .' ~, '
14. Where by any Sikkim law any duty of customs 01'.excise, Dr in the na-

, ture thereof, is leviable on a given quantity, by weight; measure or value of any
, goods or merchandise, then a like du~is levlalbe acconlirig to ,the same rate on any

1 ' - \ \greater or ess quantIty. l" .' .

/CHAPTER IV.-
Repeal- and e~piry of laws.

10, Where any, Sikkim law repeals ahy enactment, then, un less. a diffe-
rent intention appears" the repeal shall not - ,

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. (a) revive anything not in force or existing at thy time at which the.
repea I takes effect; or' ,. , . ' . .

(b) aff~ct the Frevious operation' of ny ena~ttnel~t' so r~pea'· or
anything duly done or/suffered thereunder; or " . '.' ..

(c) .affect any right, privilege, obligati(:m or liabilityacquired, accrued
orinculTep under any, enactment' so repeale~; 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 ot remedy in respect
of any -such right, priVilege, obligation, penalty, liability, forfeiture or punishment,
<isaforesaid; "-
, and any such investigation, legal proceeding or ren~edy may be jnstitu-

. ted, continued or enforced and any such penalty, forfeiture "or punishment may be
imposed as if the repealing law had not been pa7sed.

2 1_ Where anySikkim lawceases to have effect or ceased to operate on the
expiration of a particular period or on the happening of a particular continge~c)',

o then, unless a different intention appears, such expiry or ceasation shall not affect -
., (a) the pre,:,ious operation of, or anything duly done or 'suffered"

under' such law; or _ ' .•
. (b) any right, privilege, obligati?p or liability acquired, accrued

or incurred under law; or 111 ' e.

(c) any penalty, forfeitgre or punishment incurred in respect of i

any offence committed against such law; or .,
(d). any inves,tigation, legal proceeding orreme4y in respect of any ,

such right, privilege, obligation, liability, penalty, forfeiture or punishme,nt as'
aforesaid; , -

. . and any such investigation, legal proceeding or remedymay 'be institu-
ted, continued or enforced and any such penalty, forfeiture or punishment may be

I imposed as if the law had not ceased to have ,effect or ceased to operate:

Repeal if law making .22. Where any Sikkim law repeals any enactment (not being ari enact-
texuial (/mendment ment which is to 'cease to have effect or to cease to operate on the expiry of a
in other laws, particu]al: period or on the happening of a particular contingency) by which the

text of any law; has been amended bv. the express omission, insertion or substitu-
tion of any matter, theil, unless a differen't intention appears, the repeal shall ~ot
affect the continuance. of any such. amendment made by the enactment 80 .repealed'
and in operation at the time of such repeal,

Revival of repealed 23. In any Sikkim la~ made after the commencement of this Act, it
ena(tmenf, shall be. necessary for the purpose of reviving either 'who llyor partially any

enactment wholly or partially repealed, expressly to state that Ilurpose. .
24-. Where any Sikkim law repeals and re-enacts, with or without' m~di-.
fication, any former enactment or any provision thereof, then references in any
other enactment, or in any instrument, to the enactment or provision so repealed
shall, unless a different intention appears, be construed as references to the enact-
ment Of provision, as .the case may be, so re-enacted,

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FJJect if expiration
of Sikkim laws.

Construction of re-
ferences to repealed
enactment.

CHAPTER V' ,
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Powers and functionaries ...
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Exercise c:.!'Power and 25. Where by any Sikkim law any power is conferred or any duty is
pe~rormance if imposed, then, unless a differei}t intention appears, that power may be exercised
duties. .and t)lat duty shall be performed from time to time as occasion requires. "-
Power incidental Jor 26. Where by any Sikkim law a powerIs conferred on any person or
effective exercise if functionary to do or enforce the do}ng of any act or thiiig;' ~!lch. power shall be,
r==» granted; deemed to include all such powers as may be necessary.to enable such person ~<?r I

I . functionary to. do or enforce the doing of such act or thing.- . '

Exercise of power and 27' Where any Sikkim law confers a power or' imposes a duty on the
. performance of duty holder of''any office as such, then the pO\~er may be .exercised and the duty shall :
, by temporary holder be performed by the holder for the time being of the office.
of offiCII'

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CHAPTER'VI .

Subc:rdinate .Legislation

33. Where by any Sikkim law <]. power to issue or make any rule, notifi-
cation, order, schenl~, Iorrn or by-law is conferred, then, expressions used in the
rule, notification, order, scheme, form 01- by-law shall" unless a different intention
appears, '};ave the same respective meaning as in the law conferring .the ,power,.

Power to malic or 34. , Where by any Sikkim law, a power to make or issue rules, notifica-
issue rules, etc. ill- tions, orders, schemes, forms or by-laws is conferred, then, unless a 0ifferent" .in-
cludes power to add tention appears; that power includes a power 'exercisable, in th~ like manner and,
to amend, vGlyor subject to the like sanction and' conditions, if any,to add ,to, amend, 'vary or rescind
, rescind. any rules, notifications, orders, schemes, forms 01: by-laws so' made or' issued. ,

Making if nrles\ol' H. I Where' by any Sikkim law which is not' to 'tome into operation im-'
by-laws or issuins '!f mediately on the passing thereof a power is conferred to make rules, regulations or
orders between pas-, _by-laws, or to i.ssue orders with respect to the application of law, or with respect
sins and commence- to thy establishment' of any Court or office or the appointment of a ju,dge or .olhcer
ment r:f'Sihhim laws. thereunder, or with respect to the person by whom or the timewhen, 01' the-place

where, or the manner in which, or the fees forwhic~; arwthing is to be clone under
such Silckim .law, then, that: power may be exercised at any time a~ter the pas,sing
of such law, but rules, regulations, by-laws or orders so made or, issued shall not
take effect till the commencement of such law.
36. Where in any Sikkim law or any rule, regulation or by-law' .made
thereunder, it is directed' that any rule, i"eglliation, by-law, notification, order,
scheme, form or other matter shall be notified or published, -then; such notification
or publication shall, unless such law, rule, regulation or by-law otherwise provides,
be deemed to b~ duly made if it is published in the official.Gazette. .

" ,37. . Where any Sikkim law is repealed and. re-enacted with 0'1' without
modification, then, unless otherwise expressly' provided, any' appointment, rule,
no.tihcation , order, scheme/form or by-law made or issued under the repealed enact-
ment, .shall so fai' as it is 119t inconsistent, with ;the proviBions re-encted, continue
in force and be deemed to have been made or issued under the provisions so re-enac-
ted, 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 provi--'
sions so re-enacted,
38. Every rule made under-any Sikkim law shall b~published in the Offi-

. cia]. Gazette and shall, in' the absence .of an express provision to thecontrary either
in the rule or in the law under which it is made., come-into force on the day O'J.1 " ••.hich
it is published in the Official Gazette. -,.. .
39. Where, by any .lSikkim law, a power to'make rules" regulations or
by-laws is expressed to be given subject to the condition of the n-jles, rcguh-.tions,
by-laws, beipg made after previous publication, then, "unless such law otherwise
provides, the following provisions shall apply, namely:- .

Powe« <0 appoint to
i~clul.~ power to af-
point ex-ifficio.
Power to appoint to
include powJr to sus-:
pend, remove 01'

dismiss.

Substitution
[imctionaxies,

Successors.

Official chiifs and
, subordinates,

, Construction c:ll'ules,
notifications, orders,
etc. issued under
Sikkim laws.

Publication C!F rules,
etc. in the Olficial

, Gazette to be deemed
, to be due publica-
/:ion.

, Continuation if
rules, orders, appoi-
tments, notifications,
etc. under Sikkim
laJ, repealed and l'e~,

cnacted.

Commencement cj'
rules.

Provi;iotlS applicable
I J'tlf makins 0 rules,

etc. cifter previous
publicatio n.

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28. .' ' Where by any Sikkim Jaw a power 'to appoint ariy person to fill any /
oRlce 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. \
29. . Where by any Sikkim law a powell to make any appo~ntm-imt is con-
ferred, then, unless a different intention appears, the authority having for the time
being the power to make the appointment shall. also have po~ver to suspend, remove
or dismiss any person appointed, whether by' itself or by any.authority, in exercise
of that power. '

30. • 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, who
is, at the time of the making of the law executing the functions or that of the officer
by whom the functions are commonly executed. ,',

3 I. ' In any Sikkim law, it shall be sufficient for the Ipurpose of indicating
the relation of a law to the successors 9Lan:'y functionar-ies or the corporations ·ha-
ying perpetual succession, to express its relation to the functionaries or corporations.

_ 32. In any Sikkim la~, it shall be sufficient for the purpose of expressing
that a law 1\elating to the chief or superLor of an ,offiice shall apply.to the deputies
~r subordinates lawfully performing the .qutfes of that officein the place, of their
superior, to specify the duties of the chief or superior . .-. "

".

\ -

"



La,v)ng oJ rules bc-

{ore Legislatire As-

sembly.

Recotety of jne.r.

Mcaning aj service

bS post.

C)tation ol la*

(8)
( r ) the aurhority having pou,er to nrake the rules, re.qulations or by-

..,s.hail, belore making thenr, publish a draft of the proposed nrles,reg tions
- l-,i -1Ll s for the inflor]nation of persons likely to be affected thereby;

(z) rhe publication shall be made in such manner as rhat authority
:ens to be suFficient, or if the condition with respect to previous publication s6

:::iiil.es,insuch[laDneras.theGovernmentprescri[es;,,
(l) there shall bc-pubiished withrthe draft a notice specifying a dare

on or after which the draft wili be taken,into consideration;
' (+) the authority-having power to make the rules, regulations or by-

laws, and, wl-rere the ruies,regulations or by-laws are to be made rviih the sanction,
approval or concurrence of another authority, that authority also, s6all considei
any objection or suggestion which maybe-received by the authority having power to
n-rake the m1es, regulations, or by-lar.r's fi'om any person rvith respect to 

-the 
clraft

[:elbre the clate so spccificd.

(S) th. publication in the Official Gazette of a rule, regr-r'lation, by-
law purporting to have b'een made in exercise of a power to nrake rules-, regulations
ot l:y-larvs after previous publication shall be conclusive proof that tlie mles,
regulations or by-law have been duiy made .

+o. (r) Where anv, Sikkin, lawprovides that anyregulations j. r.,i". -u.1"
thereunder shall be laid before the Legislative Assembly, such regulatio ns or rules
sl'rall be laid'as soon as may be after they are made belore the Lelislative Assembly
u,hiie it is in session, and if before the expiry of the session in wh-ich thev are )aij,
or tire,next session inrmediately foUowing, the Legislative Assembly resolves to
mal<e any modification'in the 

-regulations 
or the rules, or'resolves that such regula-

tions or rules sha'll not have effcit, the regulations or the rr.rles, as the case -o{h",
shall therealter have'effect only in such rirodified form or of be of no effect, as the
case mav be, so, however, that any such resolution shall be without prejudice _to
the validitl' of anythirig previously done under such regulations or rules befbre such
rcsoiution.

' (z) Where regulations or rules required by any Sikkim larv to be laicl
bchrre thc Legislative Assenrbly, are not laid before the Legislative Assernbly in
accorclance rvith the provisions of sub-section (r),they shali, on the expiry of two
sr-iccessive sessions immediately foliowing the publication of such regulations or rules,
as the case may, be, cease to ha.v-e effect, wihout prejudice to the continued vaiiclity
of anytirin'g previously done under sr-rch regulations or rules.

+t\. The pror,,isions of Sections 63 to 7o of the Indian Penal Codc, r85o,
ar-ul the prr:visions of the Code of Criminal Procedure for the time being in force,
in reiation to the issue anil execution of warrants for the levy of 6nes shall apply
to all fines imposed under any Sikkim iarv or any rule, reguiation or byJaw nrade
under any Sik]<inr law, unless such law, rule, regulation or, by - law contains an
cxpress provision to the contrary.

+t, I Wherg, any Sikkim law authorises or requires any document to be
serveci l>y post, whether the exprdssion "serve" ot tlgive" or "send" or any other
expressior.r is used, then, unless a different intention appears, the service shall be
tleemed 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 lettel wor-rld be delivered in the ordinarv
c:ourse of post. 

J

+.J. (r y Any Sikkinr enactnlent may be cited by reference to thc tjtle or
short-title,if ar-ry, conlerred lhereon or by reference to the number and year thereof.

(l) Any provision in ani 5iLLin'r enactment nray be cited by refere{ce
to the section of tl.re larv.in whicft the provision is containetl.

I
By Orcler of the Governor,

B. R. PRAEHAN,

Secretary to the Government
of Sikkim.

F. 16 (r,s) Llltt.

PRINTND AT TIIE SIKKIM GOVERNMENT .PRESS