Sikkim (Repeal and Miscellaneous Provisions) Act, 1985
No: 10 Dated: Jul, 03 1985
Sikkim (Repeal and Miscellaneous Provisions) Act, 1985
(Act No. 10 of 1985)
An Act to repeal the Sikkim Bazar Committees Act, 1969 and the Gangtok Municipal Corporation Act, 1975 and to provide for transfer of duties functions and powers and for certain matters incidental thereto.
Be it enacted by the Legislative Assembly of Sikkim in the Thirty-sixth Year of the Republic of India as follows: -
1. Short title and commencement. - (1) This Act may be called the Sikkim (Repeal and Miscellaneous Provisions) Act, 1985.
(2) It shall come into force at once.
2. Definitions. - In this Act unless the context otherwise requires,
(a) "appointed day" means the date on which this Act comes into force;
(b) "Committee" means the Bazar Committee constituted under section 5 of the Sikkim Bazar Committees Act, 1969;
(c) "Corporation" means the Gangtok Municipal Corporation constituted under section 3 of the Gangtok Municipal Corporation Act, 1975.
(d) "State Government" means the Government of the State of Sikkim or any Department of the Government of Sikkim or any person or persons authorised in this behalf by a notification by the State Government.
(e) "Regular Employee" means an employee whose services have been regularized as per rules in force.
3. Repeal of Act of 1969 and Act IV of 1975 and dissolution of Committee and the Corporation. - " On the appointed day, the Sikkim "Bazar Committees Act, 1969 and the Gangtok Municipal Corporation Act, 1975 shall stand repealed, and the Committee and the Corporation shall stand dissolved.
4. Consequential Provisions:- On the dissolution of the Committee and the Corporation
(a) functions, powers and duties of the Committee and the Corporation shall stand 'transferred to and vest in the State Government in the local Self Government and Housing Department;
(b) all moneys and other property of whatever kind (including the fund of the Committee and the Corporation) owned by or vested in the Committee and the Corporation, immediately before the appointed day shall, on the appointed day, stand transferred to and vest in the State Government in the Local Self Government and Housing Department;
(c) subject to the provisions of clause (d), any suit, appeal or other proceeding of whatever nature pending immediately before the appointed day before any Court or any other authority or the Tribunal constituted under section 49F of the Gangtok Municipal Corporation Act, 1975 in which the Committee or the Corporation, as the case may be, is a party shall, on the appointed day, continue;
(d) all liabilities and obligations of the Committee or the Corporation, as the case may be, of whatever kind is subsisting immediately before the appointed day, shall, on and from the appointed day, be deemed to be the liabilities or obligations, as the case may be, of the State Government in the Local Self Government and Housing Department and any proceeding or cause of action pending or existing immediately before the appointed day by or against the Committee or the Corporation in relation to such liability or obligation may, as from the appointed day, be continued and enforced by or against the State Government in the Local Self Government and Housing Department