SIKKIM GOVERNMENT OF SIKKIM LAND REVENUE & DISASTER MANAGEMENT DEPARTMENT NOTIFICATION NO:86/889/LR&DMD(S)

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1 GAZETTEE GANGTOK TUESDAY 5 TH JANUARY 2010 No. 01 OF SIKKIM LAND REVENUE & DISASTER MANAGEMENT DEPARTMENT NOTIFICATION NO:86/889/LR&DMD(S) DT:05/01/2010. DECLARATION UNDER SECTION 6 OF LAND ACQUISITION ACT, 1894 (ACT I OF 1894) Whereas the functions of the Central Government under Land Acquisition Act, 1894 (I of 1894), in relation to the acquisition of land for the purpose of the union have been entrusted to the State Government by Notification No /12/76/LRD dated the issued by the Government of India in the Ministry of Agriculture and Irrigation under clause (I) of Articles 258 of the constitution of India. And whereas the Governor is satisfied that land is needed for public purpose, being a purpose of the Union, namely for construction of Roads & Bridges at Tatopani being acquired by NTPC Hydro Limited in the block of Chumbong Elaka Soreng, West District, it is hereby declared that a piece of land comprising cadastral plot no.1342 &1340 measuring more or less area.1150 hectares bounded as under: BOUNDARY: - EAST : P.F & D.F of Dupchho Lepcha, Dorjee Tshering Lepcha & Ester Tshering Lepcha WEST : River Bed NORTH : Dupchho Lepcha SOUTH : Fores land & river bed is needed for the aforesaid public purpose at the public expense within the aforesaid block of Chumbong, West Sikkim. This declaration is made under the provision of Section 6 of the Land Acquisition Act, 1894 (I of 1894) to all whom it may concern. A plan of the land may be inspected in the office of the District Collector, West. SD/-(K.T.CHANKAPA) SECRETARY LAND REVENUE & DISASTER MANAGEMENT DEPARTMENT, OF SIKKIM,GANGTOK.

2 GAZETTEE GANGTOK THURSDAY 7 TH JANUARY 2010 No. 02 OF SIKKIM LAND REVENUE & DISASTER MANAGEMENT DEPARTMENT NOTIFICATION NO:87/971/LR&DMD(S) DATED:06/01/2010. NOTICE UNDER SECTION 4(1) OF LAND ACQUISITION ACT, 1894 (ACT I OF 1894) Whereas it appears to the Governor that additional land is likely to be needed for public purpose, not being a purpose of the Union, namely for the construction of approach road to Government College by Human Resource and Development Department, under Upper and Lower Mangshila block, North Sikkim, it is hereby notified that the several pieces of land comprising cadastral Plot Nos. noted under the Schedule of Properties below & measuring more or less hectares bounded as under:- UPPER & LOWER MANGSHILA BLOCK. SCHEDULE OF PROPERTIES Plot No. 169, 781, 171, 262, 726, 836, 846, 926, 263, 260, 250 & 251 measuring more or less totals and area hectare. Boundary East : Private holding & Block boundary of Upper Mangshila. West : Block boundary of Lower Mangshila & Kholsa. North : Private holding & Road Reserve of NSH. South : Private land and acquired land of Government College is likely to be needed for the aforesaid public purpose at the public expenses within the aforesaid block of Upper & Lower Mangshila, North Sikkim. This notification is made, under the provision of Section 4(1) of L.A.Act, 1894 (Act I of 1894) to all whom it may concern. A plan of land may be inspected in the Office of the District Collector, North District, Mangan. In exercise of the powers conferred by the aforesaid Section, the Governor is pleased to authorize the Officers for the time being engaged in the undertaking, with their servants and workmen, to enter upon and survey the land and do all other acts required or permitted by that section. And whereas there is urgency to acquire the land and Governor is further pleased to direct Under Section 17(4) that the provision of Section 5-A of the Act shall not apply. SD/-(K.T.CHANKAPA) SECRETARY,

3 GAZETTEE GANGTOK WEDNESDAY 13 TH JANUARY 2010 No. 03 OF SIKKIM HOME DEPARTMENT GANGTOK No: 1/Home/2010 Dated: Notification In exercise of the powers conferred by Section 21 of the Code of Criminal Procedure, 1973 (2 of 1974), the State Government hereby appoints Ms. Subha Mukhia, Block Development Officer, Jorethang, South Sikkim, as the Special Executive Magistrate within the boundaries of Jorethang Police Station during ensuing Jorethang Maghey Mela, with effect from 14 th January to 17 th January She shall exercise all the powers conferred on an Executive Magistrate under Sections 129 to 138 and 141 to 144 of the Code. Sd/- (Jasbir Singh) IPS PRINCIPAL SECRETARY/ HOME

4 GAZETTEE GANGTOK FRIDAY 22 ND JANUARY 2010 No. 04 OF SIKKIM HOME DEPARTMENT GANGTOK No: 03 /Home/2010 Dated: NOTIFICATION The State Government is hereby pleased to constitute the Labour Welfare Board under the Labour Department, with immediate effect. II. Further, in exercise of the powers conferred under Section 3A of the Sikkim Legislative Assembly Members (Removal of Disqualifications) Amendment Act, 2006, the State Government hereby appoints Shri. Binod Rai, MLA, as the Chairman of the Labour Welfare Board. III. The Board shall consist of the following members, namely- 1. Secretary In-charge, Roads and Bridges - Member 2. Secretary In-charge, Buildings and Housings - Member 3. Secretary In-charge, Irrigation and FC - Member 4. Secretary In-charge, Water Security and PHED - Member 5. Secretary In-charge, Energy and Power - Member 6. Secretary In-charge, Commerce and Industries - Member 7. Secretary In-charge, RMDD - Member 8. Representative of Finance and R&ED - Member 9. Representative of DPER&NEA - Member 10. Secretary, Labour Department - Member Secretary The Board may co-opt any other member, as and when necessary. BY ORDER AND IN THE NAME OF THE GOVERNOR. Sd/- (T.T. Dorji), IAS CHIEF SECRETARY

5 GAZETTEE GANGTOK FRIDAY 22 ND JANUARY 2010 No. 05 OF SIKKIM OFFICE OF THE DIRECTOR PENSION, GROUP INSURANCE & PROVIDENT FUND FINANCE, REVENUE & EXPENDITURE DEPARTMENT GANGTOK NO.40/FIN/PGIPF DATED: 12/01/2010 NOTIFICATION In exercise of the power conferred by the provision to Article 309 of Constitution of India, the Governor of Sikkim hereby makes the following rules, namely :- 1. Short Title and Commencement (i) These rules may be called the Sikkim Government Services (Revised Pension) Rules, (ii) They shall be deemed to have come into force on the first day of January Applicability Govern- These rules shall apply to State Government Employees governed by the Sikkim ment Services (Pension) Rules, Emoluments (i) (ii) The term Emoluments for purposes of calculating various pensionary benefits other than various kinds of Gratuity shall have the same meaning as in rule 23 of the Sikkim Government Services (Pension) Rules,1990. Basic pay in the revised pay structure means, the pay drawn in the prescribed pay band plus the applicable grade pay but does not include any other types of pay like special pay, etc. (iii) In the case of all kinds of Gratuity, DA admissible on the date of retirement/death be treated as emoluments along with the (emoluments) as defined in sub-rule (i) and (ii) above. 4. Pension (i) A Government servant retiring in accordance with the provision of the State Government Services (Pension) Rules, 1990 before completing qualifying service of ten years shall not be entitled to pension but he shall continue to be entitled to service gratuity in terms of rule 31 of the State Government Services (Pension) Rules, 1990.

6 (ii) Linkage of full pension with 33 years of qualifying service shall be dispensed with. Once a Government servant has rendered the minimum qualifying service of twenty years, pension shall be paid at 50% of the emolument or average emoluments received during the last 10 (Ten) months, whichever is more beneficial to the Government servant. (iii) In cases where Government servant becomes entitled to pension on completion of 10 (ten) years of qualifying service in accordance with sub-rule 2 of rule 34 of the State Government Services (Pension) Rules,1990, pension in those cases shall be paid at 50% of the emoluments or average emoluments, whichever is more beneficial to the Government servant. (iv) (v) (vi) (vii) The revised provision for calculation of pension in sub-rule (ii) and (iii) of above shall come into force with effect from the date of issue of this notification and shall be applicable to Government servants retiring on or after that date. The Government servants who have retired on or after but before the date of issue of this notification will continue to be governed by the rules/orders which were in force immediately before coming into effect of there orders. The amount of pension shall be subject to a minimum of Rs.3700/- (Rs. Three Thousand Seven Hundred) and maximum up to 50% of highest pay in the Government (The highest pay of the Govt. is Rs.77000/- since ). The provisions of sub-rule (1),(2),(3),(4) and (5) of rule 34 of the Sikkim Government Service (Pension) Rules 1990 shall stand modified to the extent mentioned in sub-rule (i) to sub-rule (v) above. The other provisions contained in rule 34 shall continue to apply. The quantum of pension available to the old pensioners shall be increased as follows: 5. Gratuity Age of Pensioner Additional quantum of pension From 80 years to less than 85 years 20% of basic pension From 85 years to less than 90 years 30% of basic pension From 90 years to less than 95 years 40% of basic pension From 95 years to less than 100 years 50% of basic pension 100 years or more 100% of basic pension The Pension Sanctioning Authorities should ensure that the date of birth and the age of a pensioner is invariably indicated in the pension payment order to facilitate payment of additional pension by the Pension Disbursing Authority as soon as it become due. The amount of additional pension will be shown distinctly in the pension payment order. For example, in case where a pensioner is more than 80 (eighty) years of age and his pension is Rs.10,000/- pm, the pension will be shown as (i) Basic pension= Rs and (ii) Additional pension =Rs.2000/- pm. The pension on his attaining the age of 85 (eighty five) years will be shown as (i) Basic pension= Rs.10,000/- and (ii) Additional pension=rs.3000/- pm. The maximum limit of all kinds of gratuity shall be Rs. 10 lakh (Rupees Ten lakhs). Accordingly, first proviso under sub-rule (2) of rule 35 of Pension Rules shall stand modified to the effect that the amount of retirement gratuity or death gratuity payable under this rule shall in no case exceed Rs. 10 lakh (Rupees ten lakh). 6. Addition to Qualifying Service In view of revised provisions for computation of pension in rule 4 above, the extant benefit of adding years of qualifying service for the purpose of computation of pension shall stand withdrawn with effect from the date of issue of this notification, sub-rule (3) of rule 26 of the State Government Services (Pension) Rules, 1990 shall stand modified to this extent.

7 7. Family Pension (i) (ii) (iii) Family pension shall be calculated at a uniform rate of 30% of basic pay in all cases and shall be subject to a minimum of Rs 3700/- (Rs. Three Thousand Seven Hundred) pm and maximum of 30% of the highest pay in the Government. Sub-rule (2) and (3) of rule 30 of the Sikkim Government Services (Pension) Rules, 1990, shall stand modified to this extent. The enhanced family pension under sub-rule (4) of rule 40 of the Sikkim Government Services (Pension) Rules, 1990,shall be payable to the family of a Government servant who dies in service from the date of death of the Government servant for a period of ten years, without any upper age limit. Sub-clause (i) of clause (a) of sub-rule (4) of rule 40 of Sikkim Government Services (Pension) Rules, 1990 stand modified to this extent. There will be no change in the period for payment of enhanced family pension to the family in the case of death of a pensioner. The quantum of family pension available to the old family pensioners shall be increased as follows, namely:- Age of Family Pensioner Additional quantum of Family pension From 80 years to less than 85 years 20% of basic Family pension From 85 years to less than 90 years 30% of basic Family pension From 90 years to less than 95 years 40% of basic Family pension From 95 years to less than 100 years 50% of basic Family pension 100 years or more 100% of basic Family pension The Pension Sanctioning Authorities should ensure that the date of birth and the age of a family pensioner are invariably indicated in the Form 3 (regarding details of family) and the pension payment order to facilitate payment of additional family pension by the pension disbursing authority as soon as it becomes due. The amount of additional family pension will be shown distinctly in the pension payment order. For example, in case where a family pensioner is more than 80 years of age and his/her family pension is Rs 10,000 pm the pension will be shown as (i) Basic Family pension=rs.10,000 and (ii) Additional Family pension=rs p.m. The family pension on his/her attaining the age of 85 years will be shown as (i) Basic Family pension= Rs.10,000 and (ii) Additional Family pension=rs p.m. (iv) For the purpose grant of Family Pension, the Family shall be categorized as under:- Category I (a) Widow or widower up to the date of death or re-marriage, whichever is earlier. (b) Son/daughter (including widowed daughter) up to the date of his/her marriage/re-marriage or till the date he/she starts earning or till the age of 25 (twenty five) years whichever is the earliest. Category II (c) Unmarried/Widowed/Divorced daughter not covered by Category I above, up to the date of marriage/re-marriage or till the date she starts earning or up to the date of death, whichever is earliest. (d) Parents who were wholly dependent on the Government servant when he/she was alive provided the deceased employee had left behind neither a widow nor a child. Family pension to dependent parents unmarried/divorced/widowed daughter will continue till the date of death. Family pension to unmarried/widowed/divorced daughters in Category II and dependent parents shall be payable only after the other eligible family members in Category I have ceased to be eligible to receive family pension and there is no disabled child to receive the

8 family pension. Grant of family pension to children in respective categories shall be payable in order of their date of birth and younger of them will not be eligible for family pension unless the next above him/her has become ineligible for grant of family pension in that category. (v) (vi) The dependency criteria for the purpose of family pension shall be the minimum family pension along with dearness relief thereon. The childless widow of a deceased Government employee shall continue to be paid family pension even after her remarriage subject to condition that the family pension shall cease once her independent income from all other sources becomes equal to or higher than the minimum prescribed family pension in the State Government. The family pensioner in such cases would be required to give a declaration regarding her income from other sources to the pension disbursing authority every six months. (v) In the case of Family Pensioner who are in receipt of more than one pension under sub-rule (4) of rule 40 of Sikkim Government Service (Pension) Rule 1990, The floor ceiling limit of Rs.3700/-Per month will apply to each pension taken separately. 8. Commutation of Pension (i) (ii) (iii) (iv) A Government servant shall continue to be entitled to commute for a lump sum payment up to 40% of his pension. The existing Table of Commutation Value for Pension Annexed to the Sikkim Service (Commutation of Pension) Rules, 1985 shall be substituted by a new Table of Annex-I of issue of this notification. The revised Table of Commutation value for Pension will be used for all commutations of pension which become absolute after the date of issue of this notification; the pre-revised Table of Commutation Value for pension will be used for payment of commutation of pension based on pre-revised pay/pension. Such pensioners shall have an option to commute the amount of pension that has become additionally commutable on account of retrospective revision of pay/pension on implementation of the recommendations of the Fourth State Pay Commission. On exercising such an option by the pensioner, the revised Table of Commutation Value for Pension will be used for the commutation of the additional amount of pension that has become commutable on account of retrospective revision of pay/pension. In all cases where the date of retirement/commutation of pension is on or after the date of issue of this notification, the revised Table of Commutation Value for Pension will be used for commutation of entire pension. Provisions of Sikkim Service (Commutation of Pension) Rules, 1985 shall stand modified in accordance with sub-rule (2) and (3) above. 9. Special Provision for those who retain the Pre-Revised Scale of Pay The pension and death cum retirement gratuity of those, who have elected to continue to draw pay in the pre-revised scale of pay in terms of rule 11 of the Sikkim Government Service(Revised Pay) Rules, 2009 and have retired or will be retiring after , shall be regulated as follows, namely:- (i) The term Emoluments will include Dearness pay and DA up to average AICPI 536 (Base year 1982=100) (i) (ii) Pension will be calculated at 50% of emoluments or average emoluments rules whichever is more beneficial to the employee. Death-cum-retirement gratuity shall be admissible with reference to emoluments at subrule (1) above plus dearness allowance, under the order in force immediately before

9 coming into effect of these orders. The maximum amount of gratuity shall not exceed Rs.3,50,000/- (Rs. Three Lakhs Fifty Thousand) in terms of Finance, Revenue and Expenditure Department Notification No. 01/Fin/Adm dated 19/5/2006 (iii) (iv) Commutation of pension shall be admissible in accordance with the orders in force immediately before coming into effect of these rules. Family pension shall be allowed in accordance with orders applicable prior to the issue of these orders and shall be calculated with reference to basic pay in to average AICPI 536 (Base year 1982=100) shall be added. The amount so arrived at will be regarded as the family pension for regulating payment of dearness relief beyond average AICPI Fixation of Pension/Family Pension for pre 2006 (a) The Pension/Family Pension of pre 2006 pensioners/family pensioners will be consolidated w.e.f 1 st January 2006 by adding together:- (i) (ii) (iii) (iv) Existing pension/family pension Dearness pension where applicable Dearness relief of 24% of basic pension plus dearness pension as admissible Fitment weight age at the rate of 40% of existing pension/family pension (excluding Dearness pension) (b) The Fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. 11. Dearness Relief Pension/Family Pension in terms of these orders will qualify for Dearness Relief beyond average AICPI 536 under the revised pattern being introduced on the recommendations of the Fourth State Pay Commission. 12. Medical Allowances Medical Relief of Rs. 100/ p.m will now be enhanced to Rs. 1000/ p.m. The enhanced medical allowances come into force from 1 st April By Order. Sd/- (R. Ongmu), IAS Principal Secretary Finance, Rev.and Expenditure Department. Government of Sikkim. ( B.K.Pradhan), Director/PGIPF Finance, Rev. &.Expdt.department

10 ANNEXURE - I COMMUTATION TABLE FOR COMPUTATION OF PENSION Age next birthday Commutation value expressed as number of year s purchase Age next birthday Commutation value expressed as number of year s purchase Age next birthday Commutation value expressed as number of year s purchase Vide.O.O.No.-----/Fin/PGIPF Date; FORM FOR PENSION REVISION W.E.F.01/01/2006 VIDE NOTIFICATION NO.40/FIN/PGIPF DATE 12/01/2010.FOR PRE NAME OF THE PEN- SIONER/FAMILY PEN- SIONER 2 P.P.O. No. 3 DATE OF BIRTH 4 DATE OF RETIRE- MENT/DEATH 5 SCALE OF PAY IN THE DATE OF RETIRE- MENT/DEATH 6 CORRESPONDING PAY BAND AND GRADE PAY w.e.f.01/01/2006

11 COMPUTATION OF PENSION/FAMILY PENSION. A B C D E PART-A. BASIC PENSION/FAMILY PANSION DEARNESS PENSION DEARNESS RELIEF as on 01/01/2006.i.e.24 % 40 % OF THE BASIC PEN- SION CONSOLIDATED PEN- SION(A+B+C+D) (i) (ii) (iii) PART-B. 50 % OF MININMUM OF THE PAY BAND + GRADE PAY. QULAIFING SER- VICE(maximum of 33 years) PENSION=(i)X(ii)/33 PENSION FIXED AS PER PART A OR PART-B.WHICHEVER IS HIGHER PENSION= Rs /- (Rupees )only W.e.f.01/01/2006 Authorized Signatory Date Signature/Designation Head of Office

12 GAZETTEE GANGTOK FRIDAY 22 ND JANUARY 2010 No. 06 Rural Management and Development Department Government of Sikkim No:_647/5/Acctt/ /NREGA/08-09 NOTIFICATION Dated:_11/01/2010 The draft of certain rules which the State Government proposes to make in exercise of the powers conferred by subsection (1) of section 32 of the NREGA Act 2005 (42 of 2005) is here by published as required by sub-sections of that section of the said Act for information of all persons likely to be affected thereby and notice is hereby given that the said draft rules would be taken into consideration after expiry of a period of 45 (forty five) days from the date of its publication in official gazette. Any views or suggestion, which may be received from any person with respect to said draft rules before expiry of the period so specified, will be considered by the State Government. Draft Rules 1. Short title and commencement:- (1) These rules may be called the "Sikkim Employment Guarantee Fund and Regulation Rules, 2010". (2) They shall come into force at once. 2. Definition- In these rules unless the context otherwise requires.- (1) (a) Act means the National Rural Employment Guarantee Act 2005 (42 of 2005). (b)"state Government" means the Government of Sikkim in the Rural Management and Development Department. (c) "State Funds" means the State Employment Guarantee Fund established under sub-section- (1) of section 21 of the Act,

13 (2) Words and expressions used herein and not defined but defined in the Act shall have the meaning respectively assigned to them in the Act. 3. Account of the State Fund- The Account of the State Fund shall be made available for Public Audit by the State Government. 4. Sources of Fund- The provision of the fund will be made from grants released by the Central Government under National Rural Employment Guarantee Scheme, the State Share and others from State Budget under National Rural Employment Guarantee Act. 5. Usage of the State Fund- The State Fund shall be used by the State Government for expenditure of Central Release by the Central Government for implementation of the NREGA, to meet the matching share of the State Government, for providing Revolving Fund at District, Block and Gram Panchayat level to meet the contingent requirements, to meet the expenses of the State Employment Guarantee Council, for payment of the Unemployment Allowance, Compensation for Delayed Wage Payment and Other expenses as decided by the State Government from time to time. 6. Release of Grants from State Employment Guarantee Fund to the Districts.- (1) Before the beginning of each financial year, on or before 31st January all District Programme Coordinators (DPCs) concerned and the implementors of the Act, shall present their Annual Work Plan and Labour Budget to the State Rural Management and Development Department. (2) The District Programme Coordinators may also include in their Annual Work Plan and Labour Budget proposal for any work other than those specified in Schedule-I of the Act under the recommendation of the State Employment Guarantee Council and approval by the Ministry of Rural Development, Government of India. (3) The State Rural Management and Development Department may examine the proposal received by it on or before 31 st January of each financial year and review the performance of the districts with respect to the implementation of the Act and estimate the amount to be released to the districts from the State Employment Guarantee Fund. (4) Release of State Share and Funds for other purposes shall be made in accordance with the directions issued by the Ministry of Rural Development, Government of India from time to time. (5) The Rural Management and Development Department may in order to meet emergent needs and to meet shortage of funds on account of noncompletion of prescribed formalities, give advances as it may consider fit to

14 the district, pending regular release of funds and such advances shall be adjusted against regular release. (6) The sanctioned amount may be released directly from State Employment Guarantee Fund to the districts. (7) The operation of the account shall be made by joint signature of Secretary, Rural Management and Development Department and Project Director - NREGA. The State Employment Guarantee Fund shall be maintained in a separate Bank Account which shall not lapse with the closure of the financial year. (8) The State Government or any other authority shall not create any encumbrance on the grants released by the Department either through the State Employment Guarantee Fund or directly to the district or any other agency. (9) These sanctioned amount may also be released directly from the State Fund to a separate Bank Account at the District Level for the implementation of the Act which shall be non-lapsable. The districts shall also release Funds to the Block, Gram Panchayat and Other Agencies directly to separate Bank Account maintained by them for implementation of NREGA. (10) The decision in regard to the release of funds shall be taken by the Department of Rural Management and Development, Government of Sikkim as per the rules decided by the Ministry of Rural Development, Government of India. (11) To meet the expenses on account of Central Release, State Share for Central Grant, Unemployment Allowance, Compensation for Delayed Payment of Wages and other expenses, Funds shall be released in consonance with the rules established by the Central and State Government. 7. Balance Budget Grant- The Balance Budget grant for each financial year, shall be transferred to the State Fund before the closure of the Financial Year and shall constitute the reserve in the State Fund. 8. Audit- The Grant Release from the State Fund to the districts as State Share and for other purposes shall be audited by the Auditor General of Sikkim, who shall submit report to Controller & Auditor General (CAG) of India. Internal Audit shall be done under the orders of the Secretary, Rural Management and Development Department, Government of Sikkim and its supervision & monitoring shall be done by the State Controller of Accounts. By the order of Governor, Sikkim. (A.K. Ganeriwala) IFS Secretary to the Government of Sikkim Rural Management and Development Department Gangtok.

15 GAZETTEE GANGTOK FRIDAY 22 ND JANUARY 2010 No. 07 OF SIKKIM LAND REVENUE & DISASTER MANAGEMENT DEPARTMENT NOTIFICATION NO:88/993/LR&DMD(S) DT:20/01/2010. NOTICE UNDER SECTION 4(1) OF LAND ACQUISITION ACT, 1894 (ACT I OF 1894) Whereas it appears to the Governor that land is likely to be needed for a public purpose, not being a purpose of the Union, namely for the construction of Car Parking by Urban Development & Housing Department in the block of Gangtok Station at Arithang, East District, it is hereby notified that a piece of land comprising cadastral Plot No. 652/1672(P) and measuring an area more of less 0.57 acre bounded as under: - BOUNDARY EAST : Arithang Road. WEST : Arithang Road, Land of Shanti Chettri, Kamal Devi & David Rai. NORTH : Arithang Road. SOUTH : House & Building of Tenzing Dolkar, Tenzing Yamphel & Thinlay Namgyal is likely to be needed for the aforesaid public purpose at the public expense within the aforesaid block of Gangtok Station at Arithang, East Sikkim. This Notification is made under the provision of Section 4(1) of L.A.Act, 1894 (Act I of 1894) to all whom it may concern. A plan of the land may be inspected in the Office of the District Collector, East. In exercise of the powers conferred by the aforesaid Section, the Governor is pleased to authorize the Officers for the time being engaged in the undertaking, with their servants and workmen, to enter upon and survey the land and do all other acts required or permitted by that section. And whereas, there is urgency to acquire the land and the Governor is further pleased to direct Under Section 17(4) of L.A.Act, 1894 that the provisions of Section 5-A of the Act shall not apply. SD/-(K.T.CHANKAPA) SECRETARY, LAND REVENUE & DISASTER MANAGEMENT DEPARTMENT, OF SIKKIM, GANGTOK.

16 GAZETTEE GANGTOK FRIDAY 22 ND JANUARY 2010 No. 08 OF SIKKIM DEPARTMENT OF PERSONNEL, ADM. REFORMS, TRAINING, PUBLIC GRIEVANCES, CAREER OPTIONS & EMPLOYMENT SKILL DEV. AND CHIEF MINISTER S SELF EMPLOYMENT SCHEME GANGTOK No. 219/GEN/DOP Dated: 12/1/2010 NOTIFICATION Whereas the State Government has deemed it expedient to fill up the 2 (two) posts of Assistant Engineer (Mechanical) by appointment of Assistant Engineer (Mechanical) presently working in temporary capacity in the different Department under the provision of the Sikkim State Direct Recruitment (Special Provision) Rules, 2008 read with Office memorandum No. 1443/GEN/DOP dated: 10/7/2008 through Sikkim Public Service Commission; And whereas normally as a matter of rule, roster points has to be followed while making direct recruitment; And whereas adherence to roster point may create administrative difficulty in matter of the process of consideration for selection/ appointment of temporary employees; And whereas the State Government has deemed it expedient to fill-up 2(two) posts of Assistant Engineers (Mechanical) by relaxing the roster point in terms of clause 3 of Office Memorandum No. 1443/GEN/DOP dated: 10/7/2008; Now, therefore, the State Government is hereby pleased to relax the roster point in terms of clause 3 of Office Memorandum No. 1443/GEN/DOP dated: 10/7/2008 with a view to fill-up 2(two) posts of Assistant Engineer (Mechanical) from amongst the persons presently working in temporary capacity in different Department in consultation with the Sikkim Public Service Commission. BY ORDER AND IN THE NAME OF THE GOVERNOR. Sd/- (Tara Sampang) JOINTSCRETARY TO THE DEPTT. OF PERSONNEL, ADM. REFORMS, TRAINING, PUBLIC GRIEVANCES, CAREER OPTIONS & EMPLOYMENT SKILL DEVELOPMENT AND CHIEF MINISTER S SELF EMPLOYMENT SCHEME

17 GAZETTEE GANGTOK FRIDAY 22 ND JANUARY 2010 No. 09 OF SIKKIM DEPARTMENT OF PERSONNEL, ADMINISTRATIVE REFORMS, TRAINING, PUBLIC GRIEVANCES, CAREER OPTIONS & EMPLOYMENT, SKILL DEVELOPMENT AND CHIEF MINISTER S SELF EMPLOYMENT SCHEME GANGTOK-SIKKIM No. 220/GEN/DOP Dated: 13/1/2019 NOTIFICATION In exercise of the powers conferred by sub-clause (b) of Article 318 of the Constitution of India and in supersession of all the previous rules and regulations on the subject, the Governor of Sikkim hereby makes the following regulations to make provisions with respect to the number of members of the staff of the Commission and their condition of service, namely:- 1. Short title commencement and application:- (1) These regulations may be called the Sikkim Public Service Commission (Staff) Regulations, (2) They shall come into force on the date of their publication in the Official Gazette. (3) (a) These regulations shall apply to person appointed to the posts mentioned in the Schedule, (b) Save as otherwise provided herein, nothing in these regulations shall apply to any person who is appointed against any of the posts mentioned in the Schedule on deputation from the State Government. 2. Definitions :- In these regulations, unless the context otherwise requires:- (a) appointed day means the day on and from which these regulations shall come into force:- (b) Chairman means the Chairman of the Sikkim Public Service Commission; (c) Commission means the Sikkim Public Service Commission; (d) Constitution means the Constitution of India; (e) deputation means the temporary loan of services of any officer from outside the Secretariat; (f) employee means a person appointed to hold any of the posts mentioned in the Schedule;

18 (g) Government means the State Government of Sikkim; (h) State Government means the State Government of Sikkim; (i) Governor means the Governor of Sikkim; (j) Officer means and includes officials in Group A, B, C and D of the secretariat; (k) Schedule means the Schedule appended to these regulations; (l) Secretariat means the Sikkim Public Service Commission Secretariat; (m) Secretary means the Secretary to the Commission and includes any person discharging the duties and functions of the Secretary for the time being; (n) Year means the financial year commencing on the 1 st day of April and ending on the 31 st of March next following. 3. Secretariat of the Commission; The Secretariat of the Commission shall consist of Secretary and such other employees holding posts mentioned in the Schedule. 4. Sanctioned Strength and scale of pay; (1) The Sanctioned Strength of the posts as specified in the Schedule may be reviewed from time to time by the Commission in consultation with the Government. (2) The scale of pay prescribed for different posts of the Secretariat shall be as shown in the Schedule and shall be such as may be revised from time to time in consultation with the government. 5. Appointment of Staff:- (1) All employees of the Secretariat, other than those appointed on deputation from the Government, shall be deemed to have been appointed to the post held by them on and from the appointed day. (2) An employee appointed on deputation from the State Government against any of the post of the Secretariat, who is otherwise willing to get absorbed against the post held by him in the Secretariat, may exercise his option in writing within thirty days from the appointed day. 6. Appointing authority:- (1) The Chairman shall be the appointing authority in respect of all the employees of the Secretariat; Provided that the Chairman may, by general or special order, delegate to the Secretary or any other officer his powers to make appointments to any post or class of posts other than Group A and B post: Provided further that the Chairman may appoint the Secretary with the approval of the Governor. 7. Method of recruitment:- Any vacancy arising in any of the post, after the appointed day, shall be filled up in the manner provided in the Schedule. 8. Direct recruitment:- (1) When vacancy of any post, for which direct recruitment through competitive examination is prescribed as the method of recruitment, arises, the Secretary, with the prior approval of the Chairman, publish advertisement in local news paper inviting applications from eligible persons giving at least 30 (thirty) days notice.

19 (2) The Selection Committee as may be constituted by the Chairman through a separate Notification shall hold competitive examination in accordance with the rules of examination as my be framed with the approval of the Chairman. (3) The Selection Committee shall submit the final list of selected candidates to the Chairman and the Chairman shall, unless he finds it necessary to disagree with the recommendation, make recruitment of candidates in the same order in which their names are arranged in the list recommended by the Selection Committee. 9. Promotion from one post to another:- (1) When vacancy of any post to be filled up by promotion arises, the Secretary shall prepare the list of eligible employees for consideration and convene a meeting of the Selection Committee. (2) Seniority list of employees who are eligible for consideration along with their Annual Confidential Reports for the period which is prescribed as the qualifying service for consideration for promotion along with other service records shall be compiled and placed before the Selection Committee along with other relevant information relating to the post in question. (3) The Selection Committee shall make overall relative assessment of the Annual Confidential Reports and other service records and prepare final list of eligible candidates. (4) The Secretary shall submit the final list prepared by the Selection committee to the Chairman for decision. 10. Appointment on deputation:- (1) Where any vacancy can be filled up on deputation and where the Chairman is satisfied that the situation demands that the vacancy may be filled up by appointment of a person on deputation, a requisition indicating the essential requirements shall be sent to the Government through the Department of Personnel, Administrative Department of the State Government seeking panel of interested persons. (2) The State Government in the Department of Personnel, Administrative Reforms will arrange to forward the panel with complete bio-data of the persons concerned and the Annual confidential Reports for the last 5 (five) years. (3) The Chairman may select a suitable persons based on the service records and also his qualification and experience and intimate the name of the person selected. (4) The State Government may place the services of the selected person at the disposal of the Commission for an initial period of three years. The period of deputation may be extended with the consent of the person concerned. (5) The Chairman reserves the right to repatriate the person appointed on deputation at any time, with one month s notice in writing in advance to the Department of Personnel, Administrative Reforms, if his performance is not found satisfactory or it is found necessary in larger public interest. (6) The terms and conditions of deputation shall be regulated by the instructions and orders issued by the State Government from time to time. 11. Probation:- (1) All persons appointed by direct recruitment shall be on probation for a period of two years and those persons promoted to higher posts shall be on probation for a period of one year:

20 Provided that the Chairman or Secretary or any other officer to whom power is delegated under rule 5 may, by order, extend the period of probation in the case of any person appointed to any post for a period not exceeding two years. (2) A person, whose performance is not found satisfactory during the period of probation initially fixed or subsequently extended, shall be summarily discharged without assigning any reason. 12. Pay and other conditions of service:- (1) Pay and other conditions of service of employees shall be regulated by such rules or orders as are applicable to the officers of the corresponding post/class/grade in the Government with such modifications as the Chairman may, from time to time, directs. (2) The pay, allowances and other conditions of services in respect of employees appointed to any post in the Secretariat on deputation shall be regulated by the rules and orders applicable to them in their parent service or department. 13. Superintendence and Disciplinary Control - All employees in the Secretariat shall be subject to the superintendence and disciplinary control of the Chairman: Provided that the Chairman may, by general or special order, delegate to the Secretary any of his powers in this regard. 14. Conduct, Discipline and Appeal:- (1) The Sikkim Government Servants Conduct Rules, 1981 and Sikkim Government Servants (Discipline and Appeal) Rules, 1985 as amended from time to time shall apply, mutatis mutandis, to the employees of the Secretariat. (2) When a departmental enquiry is to be instituted against an employee on deputation, a detail report with supporting documents and information shall be forwarded to his parent department along with a recommendation to take appropriate disciplinary action against the employee, and the employee shall be reverted to this parent department. 15. Disciplinary Authority and Appellate Authority:- (1) Subject to the provision of article 311 of the Constitution, the Chairman in relation to Group A and Group B employees and the Secretary in relation to other employees of the Secretariat shall be the disciplinary Authority with full power to impose any of the penalties prescribed under the relevant rules: Provided that the Chairman may impose any of the penalties on Group C and Group D employees in accordance with the relevant rules. (2) The Governor in respect of any order passed by the Chairman and the Chairman in respect of any order passed by the Secretary under the relevant rules regulating Discipline and Appeal shall be the Appellate Authority. 16. Leave:- (1) The Sikkim Government Service (Leave) Rules, 1982 as amended from time to time shall be applicable to employees of the Secretariat. (2) The Chairman in relation to Group A and Group B employees and Secretary in relation to Group C and D employees of the Secretariat shall be the competent authority to sanction leave. 17. Residuary matters: - All other matters in relation to the employees not specified or for which no provision has been made in these regulations shall be regulated by rules and orders applicable to employees of the Government of equivalent status. 18. Interpretation: - If any question arises in relation to the interpretation of the provisions of these rules and orders made under these rules, it shall be decided by the

21 Chairman with prior consultation with the Government in the Department of Personnel, Administrative Reforms and Training. 19. Repeal and savings: - (1) On and from the appointed day, the Sikkim Public Service Commission (Staff) Regulations, 1983, shall stand repealed: Provided that any order issued or any appointment made or anything done or any action taken before the Commencement of these rules shall be deemed to have been issued, made, done or taken under the corresponding provisions of these rules and shall continue to be in force until altered or canceled. 20. Power to relax:- Where the Chairman is of the opinion that the operation of any of these regulations causes undue hardship in any particular case, he may, by order, for reasons to be recorded in writing, in prior consultation with the Government in the Department of Personnel, Administrative Reforms and Training, relax any of the provisions of that rule to such extent and subject to such exceptions and conditions as he may consider necessary. BY ORDER AND IN THE NAME OF THE GOVERNOR JOINT SECRETARY TO THE DEPTT. OF PERSONNEL, ADM. REFORMS, TRAINING, PUBLIC GRIEVANCES, CAREER OPTIONS & EMPLOYMENT SKILL DEVELOPMENT AND CHIEF MINISTER S SELF EMPLOYMENT SCHEME

22 SCHEDULE Sl. No. Name of Post 1 Peon, Chowkidar Safaikarmachari No. of Post Scale of Pay and Group of the post Group D 2 Datary Group D 3 Driver Group C Method of recruitment 100% by direct recruitment by transfer on deputation 100% by promotion 100% by direct recruitment Qualification and other for direct recruitment For direct recruitment. (a) Age As per the normal rules of the State Government. (b) Educational Qualification: Class VIII pass; For deputation: persons holding equivalent post in any department of the State Government. Not applicable (a) Age As per the normal rules of the State Government. (b) Educational Qualification: Class VIII pass. Conditions prescribed Peon or Chowkidar or safaikarmachari with at least 6 years of service. (c) Must possess valid driving license issued by the competent authority. (d) 3 years experience in driving vehicle of different make and model. 4 Lower Division Clerk/Accou nts Clerk Group C 100% by direct recruitment or by transfer on deputation For direct recruitment. (a) Age Age per the normal rules of the State Government. (b) Educational Qualification: Must have passed at least Secondary School Examination from a recognized Board: (c) Must have typing knowledge with a minimum speed of at least 30 (thirty) words per minute; 5 Computer Operator Group C 100% by direct recruitment or by transfer on deputation. (d)preferably with basic knowledge of computer operation. For deputation. Person holding equivalent post in the Government Department with degree from a recognized University. For direct recruitment (a) As per the normal rules of the State Government (b)educational qualification must have passed at least Secondary School Examination from a recognized Board; (c) Must have certificate in computer application from a recognized institute. For deputation. Person holding equivalent post in any department of the State Government with the educational and technical qualification prescribed herein above.

23 6 Upper Division Clerk 7 Head Assistant Accountant 8 Senior Accountant Group C Group C Office Superintendent Group C 9 Programmer Group C 100% by promotion failing which by transfer on deputation 100% by promotion failing which by transfer on deputation 100% by promotion failing which by transfer on deputation 100% by direct recruitment or by transfer on deputation. For deputation. Person holding equivalent post in the Government Department with Bachelor s Degree from a recognized University. For deputation. Person holding equivalent post in the Government Department with Bachelor s Degree from a recognized University. For deputation Persons holding equivalent post in the Government department. For direct recruitment. (a) Age As per the normal rules of the State Government. (b) Educational qualification: Must have passed Degree from a recognized Board; Lower Divisional Clerk or Accounts clerk with at least 8 (eight) years service as LDC or Accounts Clerk or combination of both. UDC with at least 6 (six) years of regular service as UDC. Head Assistant or Accountant with 6 (six) years regular service as Head Assistant or Accountant or combination of both. (c) Must have at least Post Graduate Diploma in Computer Application. (d)desirable: B.C.A. qualification with 2 (two) years experience in development of software. 10 Stenographer Grade- III Group C 100% by direct recruitment or by transfer on deputation. For deputation. Person holding corresponding post in any department of the State Government who has the educational and technical qualification prescribed herein above. For direct recruitment. (a) Age As per the normal rules of the State Government. (b) Educational qualification: Must have passed at least Secondary School Examination from a recognized Board; (c) Must have passed Stenography Course from a recognized Institute with minimum speed of 80 (eighty) words per minute in shorthand and 30(thirty) words per minute in typewriting in English. (d) Preferably with basic knowledge of computer operation. For deputation: Person holding corresponding post in any department of the State Government. 23

24 11 Examination Assistant 12 Examination Supervisor Group C Group C 100% by promotion failing which by transfer on deputation. 100% by selection failing which by transfer on deputation For deputation Head Assistant or Accountant or any other post in the corresponding scale of pay with experience in service matters and conduct of examination. For deputation (a) Persons holding post in the scale of Rs in the Government Department for at least 5 (five) years; (b)must be a Graduate and have experience in conducting examination Upper Divisional Clerk with 4(four) years of adequate experience in works connected with examinations. (a) Examination Assistant/Head Assistant with at least 6 (six) years service in the grade. (b) Must have experience in the works connected with the conduct of examination. 13 Assistant Controller of Examination. 14 Private Secretary to Member and Chairman Group B Group B 15 Under Secretary Group B 16 Resource Person Group A 100% by promotion or by selection failing which by transfer on deputation. 100% by promotion failing which by transfer on deputation 100% by promotion failing which by transfer on deputation 100% by transfer on deputation For deputation A person, preferably a Law Graduate, holding any post in the scale of Rs in any department of the State Government for at least 5 (five) years. Must have adequate experience in works connected with conduct examination. For deputation Private Secretary in the scale of Rs or Stenographer Grade-I in the scale of Rs with at least 5 (five) years service in that grade. For direct recruitment- (a) Minimum education qualification Bachelor s Degree from a recognized University For deputation. Officer of the Government department of equivalent status with Degree with adequate experience in service matters. PG degree with experience in developing syllabi of various subjects and moderation works. Examination Supervisor with at least 6 (six) years service in the grade. Stenographer Grade-I with 5 (five) years service in the grade. Office Superintendent/ Senior Accountant with at least 6 (six) years service as office Superintendent or Sr. Accountant. 17 Deputy Secretary cum Deputy Controller of Examination. 18 Joint Secretarycum-Joint Controller of Examination Group A Group A 100% by promotion failing which by transfer on deputation 100% by promotion failing which by transfer on deputation For deputation. Officer of the Government of equivalent status with Degree in Law with adequate experience in service matters and in conducting examination. For deputation. Officers of the State Government of equivalent status with Master s Degree with adequate experience in service matters and in conduct of examination Under Secretary and Assistant Controller of Examination with 6 (six) years service in the grade. Deputy Secretary-cum-Deputy Controller of Examination or Resource Person with 4 (four) years service in the grade. 24