GANGTOK, 30 Jan: A one-day Sikkim Legislative Assembly session (Seventh session part- iii of the Eighth Assembly) was held today. Among the more significant businesses taken up today was the adoption of three Resolutions, moved as Private Member’s Business, each touching on a different aspect of identity and norms of Sikkim’s uniqueness within the Union of India. The resolution cover aspects of Assembly seat reservation for Limboo and Tamang communities by virtue of their being recognized as Scheduled Tribes, ST status for all ethnic communities of Sikkim, and protection of Sikkim Companies Act of 1961.
EQUAL STATUS FOR ALL SIKKIMESE
Resolution No. 2 of the day, moved by Chief Whip, the Tumin-Lingee MLA Ugen T Gyatso, sought “equality among all Sikkimese communities in categorization of Scheduled Tribes Status”. The resolution was seconded by PL Subba.
Presenting the Resolution, Mr Gyatso highlighted that before Sikkim’s merger with the Indian Union, all ethnic communities were treated equally in all respects as a single entity with due regard given to their origin, migration history, political, cultural history and assimilation in the Sikkimese society.
“After the merger, however, it is being increasingly felt by the people of Sikkim State that a few communities only have been categorized as Scheduled Tribes by the Central Government that are entitled to special benefits leaving aside the rest of the ethnic communities in the lurch,” said the Chief Whip.
Referring to the judgment of the constitutional bench of Supreme Court of India in State of Sikkim versus Surendar Prasad Sharma where it acknowledged the fact that all ethnic Sikkimese communities are a single entity, Mr Gyatso said that the central government has also acknowledged this commonality of Sikkimese communities while granting direct tax exemption [for all Sikkimese, defined as Sikkim Subjects and their descendents] thereby recognizing them at par with Scheduled Tribes of other Northeastern states and Ladakh.
“Inspite of this fact, the formal categorization as Scheduled Tribes has been granted only to some of our ethnic Sikkimese communities,” he rued while suggesting a Resolve for all elected MLAs to “restore” the equality of treatment among all ethnic communities of Sikkim as was the practice before the merger. This he proposed could be done by categorizing all Sikkimese [excepting the Scheduled Castes] as Scheduled Tribes on the same principle as adopted by the Government of India in granting exemption from Income Tax as elucidated under Section 10 (26AAA) of the Indian Income Tax Act.
LIMBOO-TAMANG SEATS ISSUE:
The House also adopted the Resolution seeking reservation of seats for Limboo and Tamang Tribal communities in the State Legislative Assembly. This was the third time that such a Resolution was adopted as a private member resolution.
MLA Tulshi Devi Rai, while moving the resolution seeking Assembly seat reservation for Limboo and Tamang communities [included in the list of Scheduled Tribes] said that the bonafide and Constitutional right of these communities cannot be refused for long.
Highlighting that the State Government has already provided 14% reservation in jobs for the Limboo and Tamang communities and also provided them reserved seats in the Panchayat bodies as Scheduled Tribes, Ms. Rai pointed out that reservation of seats in the Assembly is a Parliament subject which falls under the Union list.
She moved the resolution to “urge the Government of India to enact reservation of seats for the Limboo-Tamang communities in the Sikkim Legislative Assembly without any further delay as considerable time has elapsed after the grant of Scheduled Tribes status to them and the Census of India has also been completed”.
The resolution was seconded by MLA Madan Cintury and adopted by the House.
PROTECTION OF THE SIKKIM COMPANIES ACT, 1961
The third resolution adopted by the Sikkim Legislative Assembly today was moved by Daramdin MLA, Tenzi Sherpa, seeking protection of Sikkim Companies Act 1961.
The Sikkim Registration of Companies Act, 1961, is slated for annulment with the passage [in the Rajya Sabha] of the new Companies Act by the Centre to replace the Companies Act of 1956. The new Act specifies that it would also replace the Sikkim Registration of Companies Act of 1961, an Old Law of Sikkim.
In his private member’s resolution, Mr Sherpa argues that the Constitutional protection provided to the Old Laws of Sikkim represents “an assurance to the people of Sikkim by the Government of India that the state of Sikkim would enjoy a special position within the constitutional framework and its old laws would continue to enjoy the protection till the people of the state feel the need for any change”.
“However, given the position and experience in the wake of extension of Income Tax law, the people of Sikkim have shown their inclination to continue to enjoy the protection to their old laws and would definitely seek the status quo as has prevailed so far and would not like to dilute the position,” Mr Sherpa conveys on the Companies Act issue.
He recommended that the MLAs join him in urging the Central government “to ensure due protection to the Registration of Companies Act, 1961, Sikkim by adopting such measures as may be necessary and also to ensure that the proposed new company law is not extended to the state of Sikkim.”
EQUAL STATUS FOR ALL SIKKIMESE
Resolution No. 2 of the day, moved by Chief Whip, the Tumin-Lingee MLA Ugen T Gyatso, sought “equality among all Sikkimese communities in categorization of Scheduled Tribes Status”. The resolution was seconded by PL Subba.
Presenting the Resolution, Mr Gyatso highlighted that before Sikkim’s merger with the Indian Union, all ethnic communities were treated equally in all respects as a single entity with due regard given to their origin, migration history, political, cultural history and assimilation in the Sikkimese society.
“After the merger, however, it is being increasingly felt by the people of Sikkim State that a few communities only have been categorized as Scheduled Tribes by the Central Government that are entitled to special benefits leaving aside the rest of the ethnic communities in the lurch,” said the Chief Whip.
Referring to the judgment of the constitutional bench of Supreme Court of India in State of Sikkim versus Surendar Prasad Sharma where it acknowledged the fact that all ethnic Sikkimese communities are a single entity, Mr Gyatso said that the central government has also acknowledged this commonality of Sikkimese communities while granting direct tax exemption [for all Sikkimese, defined as Sikkim Subjects and their descendents] thereby recognizing them at par with Scheduled Tribes of other Northeastern states and Ladakh.
“Inspite of this fact, the formal categorization as Scheduled Tribes has been granted only to some of our ethnic Sikkimese communities,” he rued while suggesting a Resolve for all elected MLAs to “restore” the equality of treatment among all ethnic communities of Sikkim as was the practice before the merger. This he proposed could be done by categorizing all Sikkimese [excepting the Scheduled Castes] as Scheduled Tribes on the same principle as adopted by the Government of India in granting exemption from Income Tax as elucidated under Section 10 (26AAA) of the Indian Income Tax Act.
LIMBOO-TAMANG SEATS ISSUE:
The House also adopted the Resolution seeking reservation of seats for Limboo and Tamang Tribal communities in the State Legislative Assembly. This was the third time that such a Resolution was adopted as a private member resolution.
MLA Tulshi Devi Rai, while moving the resolution seeking Assembly seat reservation for Limboo and Tamang communities [included in the list of Scheduled Tribes] said that the bonafide and Constitutional right of these communities cannot be refused for long.
Highlighting that the State Government has already provided 14% reservation in jobs for the Limboo and Tamang communities and also provided them reserved seats in the Panchayat bodies as Scheduled Tribes, Ms. Rai pointed out that reservation of seats in the Assembly is a Parliament subject which falls under the Union list.
She moved the resolution to “urge the Government of India to enact reservation of seats for the Limboo-Tamang communities in the Sikkim Legislative Assembly without any further delay as considerable time has elapsed after the grant of Scheduled Tribes status to them and the Census of India has also been completed”.
The resolution was seconded by MLA Madan Cintury and adopted by the House.
PROTECTION OF THE SIKKIM COMPANIES ACT, 1961
The third resolution adopted by the Sikkim Legislative Assembly today was moved by Daramdin MLA, Tenzi Sherpa, seeking protection of Sikkim Companies Act 1961.
The Sikkim Registration of Companies Act, 1961, is slated for annulment with the passage [in the Rajya Sabha] of the new Companies Act by the Centre to replace the Companies Act of 1956. The new Act specifies that it would also replace the Sikkim Registration of Companies Act of 1961, an Old Law of Sikkim.
In his private member’s resolution, Mr Sherpa argues that the Constitutional protection provided to the Old Laws of Sikkim represents “an assurance to the people of Sikkim by the Government of India that the state of Sikkim would enjoy a special position within the constitutional framework and its old laws would continue to enjoy the protection till the people of the state feel the need for any change”.
“However, given the position and experience in the wake of extension of Income Tax law, the people of Sikkim have shown their inclination to continue to enjoy the protection to their old laws and would definitely seek the status quo as has prevailed so far and would not like to dilute the position,” Mr Sherpa conveys on the Companies Act issue.
He recommended that the MLAs join him in urging the Central government “to ensure due protection to the Registration of Companies Act, 1961, Sikkim by adopting such measures as may be necessary and also to ensure that the proposed new company law is not extended to the state of Sikkim.”
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