The SIKKIM TENANTS AND DOMESTIC AND PROFESSIONAL HELPS (COMPULSORY VERIFICATION) ACT,2008

SIK~CIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Wednesday 11th February, 2009 No. 36 -, . ..;;;....---------....;...--,--_.....:..:.._----------- GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK No. 331UD/P/2009 Date: 10.02.2009 NOTIFICATION The following Act passed by the Sikkim Legislative Assembly and having received the assent of the Governor on the 31 day of December, 2008 is hereby published for general information:- st THE SIKKIM TENANTS AND DOMESTIC AND PROFESSIONAL HELPS (COMPULSORY VERIFICATION) ACT, 2008 (ACT NO. 33 OF 2008) AN ACT to provide for compulsory reporting and verification of antecedents of tenants and domestic and professional helps in the State of Sikkim. Be it enacted by the Legislature of Sikkim in the Fifty-ninth Vear of the Republic of India as follows:- Short title, extent 1. (1) This Act may be called The Sikkim Tenants and Domestic and Professional Helps (Compulsory Verification) Act, 2008. and .commencement (2) Itextents to the whole of Sikkim. (3) Itshall come into force on such date as the State Government may by notification in the Official Gazette appoint. 2. In this Act, unless the context otherwise requires: - Definitions (a) "Act" means The Slkkirn Tenants and Domestic and Professional Helps (Compulsory Verification) Act, 2008. (b) "dependent" means spouse, children, spouses ofchildren, parents, grand parents, grand children and blood relations of a tenant, who himself resides in the accommodation covered under tenancy; (c) "domestic orprofessional help" means any person notbeing aregular employee of the Central or State Government or Public Sector Undertaking, employed in any household or establishment in the State for performing any unskilled or skilled work in such household or establishment, or inany land, vehicle, vessel or aircraft owned or under the control of such household or establishment, whether or not they are paid remuneration in cash; (d) "Government" means the State Government of Sikkim; (8) "house owner" means the owner of a house or flat or building and includes the lessee of a room or rooms or accommodation in any house or flat or building. who provides tenancy; (f) "notification" means a notification published in the Official Gazette. (g) "prescribed" means prescribed by rules made under this Act; (h) "tenancy" means providing room or rooms oraccommodation inany house or flat or building by its owner or lessee for any purpose including running of a lodge or hostel by whatever nomenclature it may run, either on rent/charges or on lease or otherwise, but does not include accommodation or room or rooms provided by ahotel or lodge on rent or otherwise to a customer for less than thirty days; (i) "tenant" means a person having the benefit of tenancy as defined above. House owners 3. (1) Every house owner byhimself or an agent acting on his behalf shall, to report within a.period of30 (thirty) days from the date ofcommencement of tenency end this Act in the case of existing tenancy and within 30 (thirty) days of apply for any new tenancy provided by him, inform the Officer-in-charge of verification of the Police Station having jurisdiction of such tenancy along with the tenants name and details insuch form, as may be prescribed, of alltenants: Provided that this provision shall not be applicable inrespect of a tenancy provided exclusively for office accommodation of any Government or Public Sector Undertakings, industry, commercial organization or establishment or institution registered and operating in Sil<kim. (2) Inrespect oftenancies not covered under the proviso to SUb-section (1) the house owner or an agent acting on his behalf shall apply to the Officer-in-charge ofthe Police Station having jurisdiction, along with such documents as may be prescribed, for verification of the antecedents of alltenants: Provided that no verification as above may be necessary if the tenant is a holder of Sikkim Subject Certificate or Certificate of Identification or voter's identity card or ration card issued by a competent authority of the Government of Sikkim or is a serving or 2 retired official of the Central or State Government organization located in Sikkim and their dependents and requisite documents to prove the fact have been submitted. Employers of 4. (1) Every employer of domestic or professional help by himself or an agent domestic and acting on his behalf shall, within 30 (thirty) days from the date of professional commencement of this Act in case of existing domestic or professional help to report help, and within 30 (thirty) days of employment of new domestic or employment professional help, apply to the Officer-in- charge of the Police Station and apply for having jurisdiction for verification of the antecedents of such domestic verification or professional help along with such documents as may be prescribed: Provided that no verification as above may be necessary if the employer of such domestic or professional help or an agent acting on his behalf submits requisite documents to prove that such domestic or ' professional help is a holder of Sikkim Subject Certificate or Certificate of Identification or voter's identity card or' ration card issued by a competent authority ofthe Government ofSikkim orisaserving or retired official ofthe Central orState Government organization located inSikkim and their dependents and requisite documents to prove the fact have been submitted. Feeand conduct 5. (1) Every application under section 3 and 4 shall be accompanied by such of verification a fee as may be prescribed. (2)The Officer-in-charge ofthe PoliceStation shall take action to register and initiate action for verification of antecedents of the tenant or the domestic or professional help as the case may be within 15 (fifteen) days from the date of receipt of the application as afore-said from the employer or an agent acting on his behalf: Provided that no verification as above may be necessary if the required verification has already been conducted and the tenant or domestic or professional help has only shifted his residence or place of employment from jurisdiction of one Police Station to another. In such cases, the Officer in charge of the Police Station shall seek a copy of the verification report from the concerned Police Station on receipt of information from the house owner or any agent acting on his behalf: Provided further that above proviso shall not be valid in case there isa break from the State of Sikkim inthe tenancy or the residence or employment of P.. domestic or professional help. (3) Concerned Officers-in-charge of Police Stations shall maintain database in electronic form or otherwise, of all tenants and domestic or professional help living within the jurisdiction oftheir Police Station. (4) The State Government may by notification modify tile categories of exempted persons as may be considered expedient. Penalty 6. (1) Any house owner violating the provisions of section 3 otthis Act shall, on conviction by a Magistrate of the first class having jurisdiction, be punishable with fine which may extend up to rupees five thousand in each case. 3 (2) Any employer ofadomestic oraprofessional helpviolating the provisions of section 4 of this Act shall, on conviction by a Magistrate of the first class having jurisdiction, be punishable with fine which may extend up to rupees five thousand in each case. (3) No magistrate shall take cognizance of an offence under this section except upon a complaint in writing made by the officer-in-charge of a police station. Power to make 7. The State Government may by notification make rules for carrying out rules the provisions of this Act. BY ORDER. R.K. PURKAYASTHA (SSJS) LR-cum-Secretary Law Department File No. 16 (82)/LO/P/2009 S.G.P.G. -36/ Gazette/100 Cps./ 16.02.2009 6