Ancient Laws
Sikkim Government Gazette (29th September, 2001 No. 355)
Government Gazette
Extraordinary
Published by Authority
Gangtok Saturday, 29th September, 2001 No. 355
Government of Sikkim
Home Department
Gangtok
No. 70/HOME/2001 Dated 20/09/2001
Notification
Whereas the State Government has deemed it expedient and necessary for documentation of all sacred places of worship and institutions in Sikkim which are 100 (hundred) years old and above;
And whereas with a view to examine the background of all the monasteries, religious places of worship including important historical monuments and sacred lakes in Sikkim, the State Government had constituted a Committee vide Notification No. 52/Home/98 dated 24/09/1998;
And whereas the Committee has prepared and submitted to the Government on 24th April, 2001 the first phase report on sacred places of worship and religious institutions which are 100 (hundred) years old and above;
Now, therefore, the State Government is pleased to notify the following sacred peaks, caves, rocks, lakes, chhoedten and hot-springs as most sacred Buddhist places of worship in Sikkim and protect them under the provisions of the Places of Worship (Special Provisions) Act, 1991 and the State Government's Notification No. 59/Home/98 dated 26/10/1998, namely:-
1. Sacred Peaks:
(i) Ghangchhen-mZod-Nga: (Kanchenjunga-main 28,208ft.)
(Khangchendzonga) (Kanchenjunga-South 27803ft.)
(Kanchenjunga-West 27625ft.)
(ii) Mt. Narshing, 19,111ft.
(iii) Gabur Gangtsen: (Kabru North, 24075 ft.)
(Kabru South, 24005 ft.)
(Kabru Dome, 21600 ft.)
(iv) Pandim Peak, 21658ft.
(v) Mt. Simvo, 22346ft.
(vi) Goecha Peak, 20100ft.
(vii) Fork Peak, 20382ft.
(viii) Pao Hungri (Pauhungri), 23180ft.
(ix) Mt. Siniolchu, 22609ft.
2. Sacred Caves:
(i) Sharchhogbaypung at Sangmo, South Sikkim
(ii) Khadosangphug at Sanganath, South Sikkim
(iii) Dechenphug above Nampung, West Sikkim
(iv) Lharinyingphug via Kongri-Labdang, West Sikkim.
(v) Phagmorong, West Sikkim
(vi) Tragtungrong, West Sikkim.
3. Sacred Rocks (Naydo):
(i) Yongzokdrak, West Sikkim
(ii) Tragkar rock at Tashiding, West Sikkim
(iii) Gyalwa Lhatsun Chhenpo's Footprint at Yuksam, West Sikkim
(iv) Coronation throne at Yuksam, West Sikkim
(v) Thegchhok Yangtse Khadoi Drora rock, West Sikkim
(vi) Guru Rinpoche's Footprint Naydo at Tsunthang (Chungthang), North Sikkim
(vii) Kabilongtsok stone Naydo at Kabi, North Sikkim.
4. Sacred Lakes (Tsho):
(i) Omechho (Omai-stho), West Sikkim
(ii) Sungmteng Chho (Tsho), West Sikkim
(iii) Lamchho (Lham-tso), West Sikkim
(iv) Tolechho (Dhole-tso), West Sikkim
(v) Kabur Lamchho (Gabur Lah-tso), West Sikkim.
(vi) Khachoedpalri Pemachen Tsho (Khachoedpalri lake), West Sikkim
(vii) Kathogtsho at Yuksam, West Sikkim
(viii) Tsho-mGo lake, East Sikkim
(ix) Guru Dongmar Lake, North Sikkim
(x) Tsho-lhamo, North Sikkim
(xi) Mulathingkhai-tsho (Green lake) at Zema Glacier, North Sikkim.
5. Chhoedtens (Chorten/Stupa):
(i) Norbugang Chhoedten Tashi Hodber at Yuksam built by Naljoir Choe-Jhi
(ii) Chhoedten Thongwa Rangdrol at Tashiding built by Gyalwa Lhatsun Chhenpo and its surrounding Chhoedten built more than 100 years ago.
(iii) Khachoedpalri Bheyul Chhoedten built in 19th century, a replica of Nepal 's Boudhanath Stupa.
(iv) Dhud-Tsen-Lu-Sum Chhoedten at Rabdentse, West Sikkim.
(v) Gyalshing Mendang built by Kyabgon Jigme Pao to avert famine, West Sikkim
(vi) Mendang at Singnek, Tashiding, West Sikkim.
6. Hotsprings (Tshachhu):
(i) Phurtshachhu at Khadosangphug, South/West Sikkim
(ii) Ranglop tshachhu Borong, South Sikkim
(iii) Gangyab chhutshen, West Sikkim
(iv) Takrumtshachhu, North Sikkim
(v) Yumasamdongtshachhu, North Sikkim
(vi) Yumthangtshachhu, North Sikkim
(vii) Zee tshachhu, North Sikkim
(viii) Shagyong phedok tshachhu, North Sikkim
(ix) Tholung kangtshachhu, North Sikkim.
The State Government do hereby ban the scaling of the sacred peaks and also defilement of the sacred caves, sacred rocks, sacred lakes, Chhoedtens and sacred hot-springs as notified above.
By Order and in the name of the Governor.
S. W. Tenzing, Chief Secretary. F. No. 5/EA/Gen/97-98
Sikkim Government Gazette (17th November, 1998 No. 260)
Government Gazette
Extraordinary
Published by Authority
Gangtok Tuesday, 17th November, 1998 No. 260
Government of Sikkim
Home Department
No. 59/HOME/98 Dated 26/10/98
Notification
The State Government feels the need to ensure the preservation and maintenance of religious institution and places of worship in Sikkim. There are a large number of monasteries and other institutions which have a great religious significance. Besides, there are a large number of mountain peaks and lakes which are considered to be sacred and the State Government does not permit scaling of such peaks and defilement of such lakes.
The Central Government has also passed a legislation called the Places of Worship (Special Provisions) Act, 1991 which prohibits conversion of any places of worship and provides for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947 and for matter connected therewith or incidental thereto. This Act specifically provides that no person shall convert any place of worship of any religious denomination or any section therein into a place of worship of different section of the same religious denomination or of a different religious denomination or any section thereof and punishment for contravention of its provisions is imprisonment for a term of upto three years with fine.
Therefore, in view of the concerns of the State Government as expressed above and in the light of the Central legislation, it is hereby notified that no conversion or alternation or new construction or any developmental activity shall be undertaken at the site or in close vicinity of any place of worship or religious institution or sacred lakes or sacred peaks. All activities in such places of worship or religious institutions in the nature of restoration or construction can be undertaken only with the prior clearance of the State Government in the Ecclesiastical Department which is the nodal Department to deal with all such matters.
All Secretaries and Heads of Departments and other local authorities may take due notice of these directions and ensure strict compliance both in letter and in spirit.
Sonam Wangdi, IAS, F. No. 41(EA) EAST/98-99 Chief Secretary
Article 371F
Special Provision in respect to the State of Sikkim
Notwithstanding anything in this Constitution
(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;
(b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)
(i) the Assembly for Sikkim formed as result of the elections held in Sikkim in April, 1974 with thirty two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;
(ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and
(iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;
(c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of (five years) in clause (1) of Article 172 shall be construed as references to a period of (four years) and the said period of (four years) shall be deemed to commence from the appointed day;
(d) until other provisions are made by the Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of People and the state of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency of Sikkim;
(e) the representative of the State of Sikkim in the House of People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;
(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provisions for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by the candidates belonging to such sections and for the delimitation of the Assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;
(g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the populations of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;
(h) all property and assets (whether within or outside the territories comprised in the State of Sikkim which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purpose of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;
(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;
(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;
(k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority;
(l) for the purpose of facilitation the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;
(m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government was a party, but nothing in this clause shall be constructed to derogate from the provisions of Article 143;
(n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State of India at the date of the notification;
(o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty;
(p) all things done and all actions taken in or relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty-sixth Amendment) Act, 1975, receives the assent of the President shall, in so far as they are in conformity with the provisions of this Constitution as amended by the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended.
May 8 Tripartite Agreement of 1973
The following is the text of the Agreement:
Whereas the Chogyal and the people of Sikkim are convinced that their interest and the long term interest of Sikkim as whole call for;
(i) The establishment of a fully responsible Government in Sikkim with a more democratic and greater legislative and executive power for the elected representatives of the people;
(ii) A system of elections based on adult suffrage which will give equitable representation to all sections of the people on the basis of the principle of one man one vote;
(iii) The strengthening of Indo-Sikkim co-operation and inter-relationship; and whereas the Chogyal as well as representatives of the people and requested the Government of India:
(i) To take responsibility for the establishment of law and order and good administration in Sikkim following the breakdowns of all three;
(ii) To ensure the further development of a constitutional Government, communal harmony, good administration and rapid economic and social development in Sikkim;
(iii) To provide the head of the administration (Chief Executive) in Sikkim to help achieve and to safeguard all; the above needs and objectives.
Basic Rights:
And whereas the Government of India has agreed to discharge the responsibilities hereby renewed to them;
Now, whereas the Government of India, the Chogyal of Sikkim and the leaders of the political parties of Sikkim, have agreed as follows:-
1. The three parties hereby recognized and undertake to ensure the basic human rights and fundamental freedom of the people of Sikkim. The people of Sikkim will enjoy the right of election on the basis of adult suffrage to give effect to the principle of one man one vote.
2. There shall be an assembly in Sikkim. The assembly shall be elected every four years. Elections shall be fair and free and shall be conducted under the supervision of a representative of the Election Commission of India, who shall be appointed for the purpose by the Government of Sikkim.
3. (i) In accordance with this agreement, the assembly shall have the power to purpose laws and adopt resolution for the welfare of the people of Sikkim, on any of the matters enumerated herein below, namely;
(i) education (ii) public health (iii) excise (iv) press and publicity (v) transport (vi) bazaars (vii) forest (viii) public works (ix) agriculture (x) food supplies; and (xi) economic and social planning, including state enterprises (xii) home and establishment (xiii) finance and (xiv) land revenue.
(ii) The assembly shall not discuss or ask question on the following:
(a) The Chogyal and the members of the ruling family (b) Any matter pending before the Court of law (c) The appointment of the Chief Executive and members of the judiciary and (d) Any matter which concerns the responsibilities of the Government of India under this agreement or any other agreement between India and Sikkim.
Executive Council
4. There shall be an Executive Council consisting of elected members of the assembly who shall be appointed to the Executive Council by the Chogyal on the advice of the Chief Executive. The Chief Executive will preside over the meeting of the Executive Council.
5. The system of elections shall be organized as to make the assembly adequately representative of the various sections of the population. The size and composition of the assembly and of the Executive Council shall be such as may be prescribed from time to time with care being taken to ensure that no single section of the population acquires a dominating position due mainly to its ethnic origin and the rights and interests of the Sikkimese of Bhutia Lepcha origin and of the Sikkimese Nepali, which includes Tsong and Schedule Castes origin, are fully protected.
6. The Chogyal shall perform the functions of his high office in accordance with the Constitution of Sikkim as set out in this agreement.
7. To head the administration in Sikkim there shall be a Chief Executive, who shall be appointed by the Chogyal on the nomination of the Government of India.
8. The Chief Executive shall have all the powers necessary for the discharge of his functions and responsibilities; and exercise his powers in the following manner:
(i) With respect to matters allocated to a manner of the Executive Council, he shall act in consultation with the members to whom administrative function in this regards have been allocated.
(ii) He shall submit all important matters to the Chogyal for his information and for his approval of the action proposed to be taken, except where immediate action is required. In the later case, he shall obtain the Chogyals approval as soon after the action has been taken as possible.
(iii) He shall have special responsibilities to ensure the proper implementation of the constitutional and administrative changes in Sikkim, the smooth and efficient running of its administration, the continued enjoyment of basic rights and fundamental freedom by all sections of the population of Sikkim, and the optimum utilization for the benefits of the people of Sikkim of the funds allocated for the economic and social development of Sikkim.
(iv) In case involving amity between the various sections of the population of Sikkim, on the development of democratic Government and efficient administration in Sikkim, any difference of opinion between him and Chogyal shall be referred to the Political Officer in Sikkim, who shall obtain the advice of the Government of India, which shall be binding.
9. There shall be equality before the law in Sikkim. The judiciary shall remain independent.
10. The Palace establishment and the Sikkim Guards shall remain directly under the Chogyal.
11. The Government of India, who are solely responsible for the defence and territorial integrity of Sikkim and who are solely responsible for the conduct and regulations of the external relations of Sikkim, whether political, economic or financial, reaffirm their determination to discharge these and their other responsibilities for the benefit of the people of Sikkim, for their communal harmony, good administration and economic and social development. It is hereby reaffirmed that they shall have the necessary powers for carrying out these responsibilities.
Done in triplicate at Gangtok on this the eight day of May of the year one thousand nine hundred and seventy three A.D.
| Kewal Singh | Palden Thondup Namgyal |
| Foreign Secretary | The Chogyal of Sikkim |
| Government of India |
Leaders of the Political parties representing the people of Sikkim.
| For the | For the | For the |
| Sikkim Janata Congress | Sikkim National Congress | Sikkim National Party |
| K.C. Pradhan | K. Lhendup Dorji | Netuk Tshering |
| B.B. Gurung | C.S. Rai | Man Bahadur Basnet |
| S.K. Rai | C.B. Chettri | Man Bahadur |
| B.P. Dahal | N.K. Subedi | Tasa Thengay |
| B.P. Kharel | D.N. Tiwari | Padam Kharel |
| K. Wangdi |
Proclamation of His Highness Sir Tashi Namgyal (30ieth August, 1956)
1. Whereas it is His Highness's desire that, notwithstanding the continuance of measures for the protection of the interests of the indigenous people, all duly recognised subjects of Sikkim should be accorded equal treatment,
And whereas, hitherto, there has been difference in the rate of land revenue payable by Nepali subjects of Sikkim and subjects of Bhutia and Lepcha origin on account of annual services, etc. rendered by the latter,
His Highness is pleased to proclaim his decision that progressive steps should be taken to eliminate this difference in such a manner that undue hardship should not be caused to any section of the community,
And in pursuance of the above decision, His Highness is pleased to order that, within 10 years from the date of issue of this Proclamation, the rates of revenue should be equalized by five periodical adjustments, the first such adjustment to take effect two years after the issue of this Notification.
2. And whereas, secondly, it is necessary to give a clear decision regarding the question of limitation of suits in respect of cases of unauthorised transfer of land by Bhutias and Lepchas to Nepali (i.e. transfer without the written permission of the Sikkim Darbar),
His Highness is pleased to order that such unauthorised transfer as may have taken place within the last 25 years from the date of issue of this Proclamation shall be deemed as invalid by the Courts and such land shall revert, on application by the party concerned, to the original holder on payment of such compensation for improvement as may be decided by the Court.
And further, His Highness is pleased to order that no unauthorised transfer of land (transfer without the written permission of the Sikkim Darbar) by Bhutia and Lepcha Sikkimese to Nepali Sikkimese subsequent to the issue of this Proclamation shall henceforward be held valid by the Courts irrespective of such laws, rules, regulations and usages regarding limitation of suits as may be applicable in other cases.
3. And whereas, thirdly, His Highness deems fit that the interests of the indigenous and backward people in the North Sikkim area require, as hitherto, to be duly safeguarded,
His Highness is pleased to order that the rules relating to the settlement and or the carrying on of any occupation in such areas (i.e. North of the line formed by the Dick Chhu from the Chola, down the Tista to Ranghap Chhu, up the Ranghap Chhu till it meets the 27' 25 minutes latitude and thence along it to the Western border of Sikkim) by outsiders (non-indigenous) only on a permit issued by the Sikkim Darbar shall continue to hold force.
Maharaja of Sikkim
N. K. Rustomji, Dewan of Sikkim
Revenue Order No 1
With reference to the order dated the 2nd January, 1897 it is hereby again notified to all Kazis, Thikadars and Mandals in Sikkim, that no Bhutias and Lepchas are to be allowed to sell, mortgage or sublet any of their lands to any person other than a Bhutia or Lepcha without the express sanction of the Durbar, or officers empowered by the Durbar in this behalf, whose order will be obtained by the landlord concerned. If any one disobeys this orders will be severely punished.
In this order the term ‘mortgage' means the mortgaging the whole or part of a holding on the Biyaz or Masikata system and the term sublet means the sub-letting the whole or part of holding on the Pakuria system.
Definition
1. 'Biyaz' means mortgaging land to another person who enjoys the produce of the land as interest, so long as the principle loan remains unpaid.
2. 'Masikata' means, mortgaging of fields to a creditor who enjoys the produce of the field as annual instalment towards the loan.
3. 'Pakuria' means sub letting, where a rayot allows another new rayot to settle upon a portion of his own holding, generally receiving from him some rent in cash and some assistance in cultivating his own fields.
Gangtok C.A. Bell,
the 17th May, 1917 Superintending, Sikkim Estate
Notice (2nd January, 1897)
I hereby given to all the Kazis and Mondals in Sikkim, that no Bhutia and Lepchas are to be allowed to sell or sublet any of their lands, without the express sanction of the council. If anyone disobeys this order he will be punished severely.
John C. White
2nd, January, 1897 Political Officer, Sikkim
Overview of Documents
Notification, Sikkim Government Gazette No. 355
29th September, 2001
Notification, Sikkim Government Gazette No. 260
17th November, 1998
Article 371F, Constitution of India
26th April, 1975
May 8 Tripartite Agreement of 1973
8th May, 1973
Proclamation of His Highness Sir Tashi Namgyal
30ieth August, 1956
17th May, 1917
2nd January, 1897