PREAMBLE
In exercise of the powers conferred by section 8 of
the Sikkim (Repeal and Miscellaneous Provision) Act, 1985 (10 of 1985), the
State Government hereby makes the following rules further to amend the Sikkim
Trade Licence and Miscellaneous Provisions Rules, 1985, namely:-
Rule - 1. Short title, extent and commencement.
(1) These rules may be called the
Sikkim Trade Licence and Miscellaneous Provisions (Amendment) Rules, 2000.
(2) They shall come into force at
once.
(3) They shall come into force at
once.
Rule - 2. Amendment of rule 2.
In the Sikkim Trade Licence and Miscellaneous
Provisions Rules 1985 (herein after referred to as the said rules), in rule 2,-
(i) after clause (b), the following
clause shall be inserted, namely:-
"(bb)" competent
authority" means the District Collector of the District concerned."
(ii) after clause (b), the following
clause shall be added, namely:-
"(o)" seasonal
item" means the agriculture products available for sale in different
seasons of he year:
(p) "trade" means any economic or business activity with or
without the purpose of making profit."
Rule - 3. Amendment of rule 3.
In the said rules:-
(i) In rule 3, after the word
"shall " and before the word" manufacture", the following
words shall be inserted, namely:-
"impart education, skills or any other
training or medical or legal or any other practice on any discipline like
accountancy, architecture etc. for profit making and", after the words
"Schedule II" and before the words "as the case", the words
"or Schedule III" shall be inserted.
Rule - 4. Amendment of rule 4.
In the said rules, in rule 4, for the words and
figures "forms II and III", the words and figures "Forms II, III
and IV" shall be substituted.
Rule - 5. Amendment of rule 5.
(1) In the said rules, in rule 5.
(i) the marginal head "procedure
and eligibility condition for obtaining trade licence" shall be inserted:
(ii) in clause (a), for the word and
figure "Rs. 5/- in " the word and figure" Rs. 20/-" shall
be substituted;
(iii) in clause (c) after the words and
figures "from Nos. I and II or III " and before the words as the case
may be", the words and figure "or IV" shall be inserted.
(iv) the existing clause (e) as
regards obtaining of licence from the licensing authority under the Sikkim
Prevention of Food Adulteration Rules 1991, shall be renumbered as clause (f)
(v) after the clause (f), as so
renumbered, the following clause shall be added, namely:-
"(g) Licence fee shall be charged as prescribed in the respective
Schedule",
"(h) Every person applying for trade licence should have attained the age
of 18 (eighteen) years on the date of application for issue of trade licence I
or the purpose of ascertaining the date of birth, any of the following
documents should be furnished, namely:-
(i) School Certificate showing the
date of birth.
(ii) Birth Certificate issued by the
Registrar of birth and death or appropriate authority as notified by the
Government from time to time.
Rule - 6. Amendment of rule 7.
In the said rules in the rule 7.
(i) after clause (b) of sub-rule (i),
the following clause shall be inserted namely:-
"(c) a trade licence may be issued in Form IV in respect of seasonal
items enumerated in Schedule III"
(d) trade licence for Hardware shall not be issued unless the applicant
has sufficient parking space and storage facilities of his own.
(ii) after clause (d) of sub-rule
(iv), the following clause shall be inserted. Namely:-
(e) "recommendation from the local Panchayat concerned and
clearance of the Forest Department in case where a shop within the road reserve
or a shop on forest products is proposed to be opened".
Rule - 7. Amendment of Rule 9.
In the said rules, in rule 9, for the words
"for a maximum Period of five years from the financial year in which it is
issued" the words" only till the end of the financial year in which
it is issued", shall be substituted.
Rule - 8. Amendment of rule 10.
In the said rules, in rule 10, for the words and
figures "Schedule I and Schedule II" the words and figures
"Schedule I, Schedule II and Schedule III, shall be substituted.
In the existing provision for the word "from
time to time", every five years from the date of previous revision"
shall be substituted.
Rule - 9. Substitution of rule 11.
In the said rules, for the existing rule 11, the
following rules shall be substituted, by new rule namely:-
"11, Conditions for renewal
of licences:-
(a) The licence shall surrender the
trade licence in original for renewal.
(b) That the licence shall deposit
the prescribed annual fee to be paid for renewal of licence.
(c) That the licence shall clear the
toll tax payable to the Bazar Contractor, shop room rent and the ground rent
payable to the Urban Development and Housing Department.
(d) The licence should be renewed
within 45 days from 1st April of a year or till the date of renewal whichever
is earlier.
(e) The licence submitted after the
prescribed period shall be changed a late fee of Rs. 5/- for every day of
delay.
Rule - 10. Amendment of rule 12.
In the said rules, In rule 12, after the clause
(1), the following clause shall be added, namely:-
"(m) if the licence dies before expiry of the date of validity of the
trade licence.
(n) if the licence fails to display the original copy of licence in the
shop premises.
(o) if the licence does not display a board specifying trade licence
No. firm registration No. if any and name of the proprietor."
Rule - 11. Amendment of rule 13.
In the said rules, in rule 13, for the words and
figure "Rs. 25/-"the words and figure "Rs. 50/- shall be
substituted.
Rule - 12. Amendment of rule 14.
In the said rules:-
(i) in rule 11, in the marginal head,
after the word "receptacles", the words and wooden furniture
"shall be added;
(ii) the existing rule 14, shall be
renumbered as sub-rule (1) of that rule and after sub-rule (1) as so
renumbered, the following sub-rule be inserted, namely:-
"(2) No manufacturing activity like furniture item shall be allowed
within the bazaar area. No trade licence holder shall use the road reserve of
any road for storing the materials meant for trade/business".
Rule - 13. Amendment of rule 19.
In the said rules, the existing rule 19 shall be
renumbered as sub-rule (1) of that rule and after sub rule(1) as so renumbered,
the following shall be inserted, namely:-
"(2) If a shop is opened and business is carried out without obtaining a
valid trade licence issued by the licencing authority the shop shall be closed
forthwith duly imposing the prescribed fine under the rules".
Rule - 14. Amendment of rule 20.
In the said rule in rule 20, the words
"refusing to renew a licence ", shall be omitted.
Rule - 15. Insertion of new rules.
In the said rules after rule 26, the following rule
shall be inserted namely:-
"27. Classification of
Bazars:-
for the purpose of determining the rates of trade
licence fee, the bazaars in Sikkim shall be as classified in Schedule IV."
Rule - 16. Substitution of Form II.
In the said rule, for the existing Form No. II the
following Form shall be substituted namely:-
Rule - 17. Substitution Schedule I.
In the said rules, for the existing Schedule I, the
following Schedule shall be substituted, namely:-
SCHEDULE-I
RATE OF LICENSE FEES
|
Sl. No.
|
Name of Items
|
Class I
|
Class II
|
Class III
|
|
1.
|
Dealing in orange (wholesale)
|
600
|
400
|
300
|
|
2.
|
Retail dealing in textile cloth
|
350
|
260
|
200
|
|
3.
|
Wholesale dealing in textile cloth
|
1,000
|
750
|
560
|
|
4.
|
Wholesale dealing in grocery (except controlled
items)
|
300
|
230
|
170
|
|
5.
|
Retail dealing in grocery
(includes vice Wheat other than controlled)
|
250
|
190
|
140
|
|
6.
|
Wholesale dealing in manihari
|
300
|
230
|
170
|
|
7.
|
Retail dealing in manihari
|
200
|
150
|
110
|
|
8.
|
Dealing in hardware/paint/Alkathene polythene
pipe/excepting rod, cement, bricks, GCI Sheet.
|
1,000
|
750
|
560
|
|
9.
|
Dealing in stationery and books
|
300
|
230
|
170
|
|
10.
|
Dealing in readymade dresses
|
350
|
260
|
200
|
|
11.
|
Pan (Betal)
|
200
|
150
|
110
|
|
12.
|
Dealing in motor parts/tyre/tubes/batteries
|
700
|
560
|
420
|
|
13.
|
Dealing in electrical goods
|
700
|
530
|
400
|
|
14.
|
Dealing in sewing/knitting machine
|
250
|
190
|
140
|
|
15.
|
Watch and clock repairing
|
200
|
150
|
110
|
|
16.
|
Sale of radio (including record. Cassettes
players) with cassettes and records
|
500
|
380
|
290
|
|
17.
|
Sale of watch and clock
|
500
|
380
|
290
|
|
18.
|
Radio Repairing
|
250
|
190
|
140
|
|
19.
|
Sale of petrol/kerosene/diesel/gear oil
grease/lubricants (Petrol pumps)
|
2,000
|
1,500
|
1130
|
|
20.
|
Business in photographic studio/sale of
photographic goods
|
500
|
380
|
290
|
|
21.
|
Icecream and cold drinks
|
300
|
230
|
170
|
|
22.
|
Sale of sports goods and toys
|
300
|
230
|
170
|
|
23.
|
Sale of motor cars, jeeps and trucks
|
10,000
|
7,500
|
5630
|
|
24.
|
Shoe stores
|
400
|
300
|
230
|
|
25.
|
Furniture business of all sorts
|
500
|
380
|
290
|
|
26.
|
Running of a business of fertilizers/pesticides/seeds
and agricultural implements
|
2,000
|
1500
|
1130
|
|
27.
|
Running of a business of opticals
|
300
|
230
|
170
|
|
28.
|
Sale of scientific instruments
|
500
|
380
|
290
|
|
29.
|
Sales of motor bike, scooter, cycle
|
1,000
|
750
|
560
|
|
30.
|
Sale of plastic goods Household furniture
|
350
500
|
260
380
|
200
290
|
|
31.
|
Tea leaf and tea dust (wholesale)
|
1,000
|
750
|
560
|
|
32.
|
Sanitary fittings
|
1,000
|
750
|
560
|
|
33.
|
Sale of forest products
(Charcoal/firewood/timbers)
|
1,000
|
750
|
560
|
|
34.
|
Leather goods viz. Jacket/Suitcase
|
100
|
300
|
230
|
|
35.
|
Dying Clothes
|
200
|
150
|
110
|
|
36.
|
Sale and repair of type-writer, duplicating
machines
|
500
|
380
|
290
|
|
37.
|
Book binding, file, rubber stamps etc.
|
300
|
230
|
170
|
|
38.
|
Film distribution
|
1,000
|
750
|
560
|
|
39.
|
Television, VCR, Radio (sale/repair/renting)
|
1,000
|
750
|
560
|
|
40.
|
Provision goods/tinned food/dalmut
toffees/logenzes
|
300
|
230
|
170
|
|
41.
|
Hotel and Restaurant
|
|
|
|
|
|
Group-A (as specified by the Tourism Deptt.)
|
3,000
|
2230
|
1670
|
|
|
Group-B (as specified by the tourism Deptt.)
|
2,000
|
1500
|
1120
|
|
|
Group-C (as holiday home, lodging home, Guest
house etc.)
|
1,000
|
750
|
560
|
|
|
Group-D (Bhojanalaya, dhaba etc.)
|
500
|
380
|
290
|
|
42.
|
Bakery (sale of bread/biscuits and cakes)
|
300
|
230
|
170
|
|
43.
|
Tea and sweetmeat shop
|
300
|
230
|
170
|
|
44.
|
Fast food Corner
|
500
|
380
|
290
|
|
45.
|
Vegetables and fruits
|
200
|
150
|
110
|
|
46.
|
Photostat/copying machine
|
300
|
230
|
170
|
|
47.
|
Sale of constructional equipment and materials
excluding cement, rod and bricks, GCI sheets.
|
500
|
380
|
290
|
|
48.
|
Medical and allied accessories
|
300
|
230
|
170
|
|
49.
|
Carpets/mattresses etc
|
300
|
230
|
170
|
|
50.
|
Sale of meat/fish/eggs
|
300
|
230
|
170
|
|
51.
|
Mineral water (wholesale)
|
300
|
230
|
170
|
|
52.
|
Automobile workshop
|
2,000
|
1,000
|
1120
|
|
53.
|
Gold and silver ornaments/other metals and
manufacture
|
1,000
|
750
|
560
|
|
54.
|
Dry cleaners
|
500
|
380
|
290
|
|
55.
|
Manual laundry
|
200
|
150
|
110
|
|
56.
|
Tailoring shop
|
500
|
380
|
290
|
|
57.
|
Cold storage etc.
|
4,000
|
3000
|
2250
|
|
58.
|
Saloons
|
200
|
150
|
110
|
|
59.
|
Transport Company
|
1,000
|
750
|
560
|
|
60.
|
Scraps, empty bottles and empty bags (sack)
including gunny bags
|
1,000
|
750
|
560
|
|
61.
|
Printing press
|
400
|
300
|
230
|
|
62.
|
Grinding machine/husking machine/oil extracting
devices etc./atta mill
|
400
|
300
|
230
|
|
63.
|
Sale of wood carving works/curios
handicrafts/weaving/bamboo works, cut flower and potted flower
|
100
|
80
|
60
|
|
64.
|
Fair and Mela
|
2,000
|
1500
|
1130
|
|
65.
|
Sale of living things such as fowls/cattles etc
|
1,000
|
750
|
560
|
|
66.
|
Commission agents
|
1,000
|
750
|
560
|
|
67.
|
Lights and sound hiring system
|
200
|
150
|
110
|
|
68.
|
Nursing home
|
2,000
|
1500
|
1130
|
|
69.
|
Medical practitioner
|
1,000
|
750
|
560
|
|
70.
|
X-ray clinic/medical clinic
|
1,000
|
750
|
560
|
|
71.
|
Pathology and similar items
|
1,000
|
750
|
560
|
|
72.
|
Travel agency
|
1,000
|
750
|
560
|
|
73.
|
Cement, bricks, GCI sheets
|
1,000
|
750
|
560
|
|
74.
|
Rod
|
1,000
|
750
|
560
|
|
75.
|
P.C.O./Fax/Express mail/currier service
|
|
|
|
|
|
Email/DTP for printing, cyber cafes
|
300
|
230
|
170
|
|
76.
|
Grill making
|
500
|
380
|
290
|
|
77.
|
Sale of dairy products
|
100
|
75
|
60
|
|
78.
|
Pan, Supari, Biri, Pan masala etc. (wholesale)
|
700
|
530
|
400
|
|
79.
|
Wholesale (Tobacco)
|
2,000
|
1,500
|
1130
|
|
80.
|
Meat/Fish (Wholesale)
|
1,000
|
750
|
560
|
|
81.
|
L.P.G. (dealership)
|
5,000
|
3,800
|
2850
|
|
82.
|
Video games/Parlour/Billiards
|
700
|
530
|
430
|
|
83.
|
Weigh bridge
|
3,000
|
2250
|
1690
|
|
84.
|
Driving School
|
2,000
|
1500
|
1130
|
|
85.
|
Sale of computer
|
1,000
|
750
|
560
|
|
86.
|
Computer Training Institute
|
1,000
|
750
|
560
|
|
87.
|
Private Homeopathy/Ayurvedic clinics
|
800
|
600
|
450
|
|
88.
|
Private tutorials
|
500
|
380
|
290
|
|
89.
|
Private institutions-Nursery
|
300
|
230
|
176
|
|
|
Primary
|
500
|
380
|
290
|
|
|
Middle
|
750
|
560
|
420
|
|
|
Secondary
|
1,000
|
750
|
560
|
|
|
Sr. Secondary
|
2,000
|
1500
|
1130
|
|
90.
|
Veterinary Laboratory/clinic
|
1,000
|
750
|
560
|
|
91.
|
Architectural consultancy/Charter
|
|
|
|
|
92.
|
Accountant Legal consultancy
|
1,000
|
750
|
560
|
|
|
Labour engagement for any kind of employment
|
500
|
380
|
290
|
|
93.
|
Commercial artists/Inscriber engaged for
|
|
|
|
|
|
making festoons hoarding etc.
|
300
|
230
|
170
|
|
94.
|
Any training school for skill development
|
300
|
230
|
170
|
|
95.
|
All other repairing shops other than those
|
|
|
|
|
|
mentioned above
|
600
|
450
|
340
|
|
96.
|
Petition writer
|
300
|
230
|
170
|
|
97.
|
Video Cassette Disc
|
1,000
|
750
|
560
|
|
98.
|
Any other trade or business not
|
|
|
|
|
|
covered by the Schedule-I
|
500
|
380
|
290
|
NOTE: (i) In case of bazaars under class III the
trade license fed shall be 75% of the rates specified for class II to be
rounded off of the nearest multiple of Rs. 10/-
(ii) In rural areas, the license fee shall continue
to be 50% of the rates stipulated for category II Bazaars."
Rule - 18. Substitution Schedule II.
In the said rules, for the existing Schedule II,
the following Schedule shall be substituted, namely:-
SCHEDULE-II
(See rule 3 and 7)
RATE OF RUNNING A HAWKER BUSINESS
|
Sl. No.
|
Name of Items
|
Rate of license fee for Class I Bazars
|
Rate of license fee for Class II Bazars &
other Bazars
|
|
1.
|
Cloth
|
200
|
100
|
|
2.
|
Readymade cloth, army and disposal clothes
|
200
|
100
|
|
3.
|
Grocery
|
200
|
100
|
|
4.
|
Manihari
|
200
|
100
|
|
5.
|
Hardware tools, implements)
|
200
|
100
|
|
6.
|
Shoes
|
200
|
100
|
|
7.
|
Books
|
200
|
100
|
|
8.
|
Gold and silver Ornaments
|
200
|
100
|
|
9.
|
Bakery and sweets
|
200
|
100
|
|
10.
|
Pan (Betal)
|
100
|
50
|
|
11.
|
Ice-cream, sweetmeat and tea
|
200
|
100
|
|
12.
|
Fruits (Vegetables)
|
100
|
50
|
|
13.
|
Cock, Hen, Fowl, and egg
|
200
|
100
|
|
14.
|
Umbrella including repairs
|
100
|
50
|
|
15.
|
Plastic goods
|
200
|
100
|
|
16.
|
Knitting wool (Hosiery)
|
200
|
100
|
|
17.
|
Earthen goods, spices and seeds
|
200
|
100
|
|
18.
|
Palmistry
|
150
|
100
|
|
19.
|
Embroidery goods Handloom bags/Carpets
|
250
|
200
|
|
20.
|
Handicrafts etc.
|
200
|
100
|
|
21.
|
Potteries and earthenwares
|
200
|
100
|
|
22.
|
Toys
|
200
|
100
|
|
23.
|
Quilt making
|
200
|
100
|
|
24.
|
Stationeries including pen comb etc.
|
200
|
100
|
|
25.
|
Opticals
|
200
|
100
|
|
26.
|
Chundari
|
100
|
50
|
|
27.
|
Lottery tickets
|
200
|
100
|
|
28.
|
Saugages/momo/faley
|
100
|
50
|
|
29.
|
Butter/cheese/honey
|
100
|
50
|
|
30.
|
Mushrooms/pickles
|
100
|
50
|
|
31.
|
Khukuris and similar sharp weapons
|
100
|
50
|
|
32.
|
Utensils
|
100
|
50
|
|
33.
|
Tea
|
100
|
50
|
|
34.
|
Saloon
|
100
|
50
|
|
35.
|
Chana
|
100
|
50
|
|
36.
|
Calenders/posters
|
100
|
50
|
|
37.
|
Churiwala
|
100
|
50
|
|
38.
|
Blankets (Rari)
|
150
|
50
|
|
39.
|
Watches
|
150
|
50
|
|
40.
|
Khada (Scarf)
|
200
|
100
|
|
41.
|
Religious Prayer flag
|
200
|
100
|
|
42.
|
Carpets
|
200
|
100
|
|
43.
|
Shoe repairing
|
200
|
100
|
|
44.
|
Lottery tickets
Any other business not covered by the Schedule II
|
200
|
100
|
Rule - 19. Insertion of Schedule III.
In the rules after Schedule II, the following
Schedules shall be inserted namely:-
SCHEDULE-III
(See rule 3)
|
Sl Name of Items No.
____________________________________
|
Rate of license fee for Class I Bazars _____________________
|
Rate of license fee for Class II
Bazars & other Bazars
_____________________________
|
|
1. Ginger (Wholesale)
|
1,000/-
|
700/-
|
|
2. Cardamom (Wholesale)
|
1,000/-
|
700/-
|
|
3. Amliso
|
500/-
|
300/-
|
|
4. Cut flower/Potted flowers
|
100/-
|
70/-
|
|
5. Cracker
Any other item not specified Schedule III
|
300/-
|
200/-
|
"SCHEDULE IV
(See rule 27)
EAST DISTRICT
|
Bazar Class-I
|
: Gangtok, Singtam
|
|
Bazar Class-II
|
: Rangpo, Ranipool, Pakyong, Rhenock, Tadong,
Rongli.
|
|
Bazar class-III
|
: Dikchu (E), Makha, Sang, Rorathang
|
|
Rural Marketing Centres
|
: Phadamchen, Kupuk, Sehathang, Chanmari, Rongyek
Burtuk, Bhojogahri, Samdong, Ranka, Central Pendam Martam, Saramsa, simik
Linzey, Tintek, Lingdong, Chandey Kyanglasia, Theguk, Lingthu, Jaluk, Sisney,
Barapathing, Mamring, Machong, Chalisey (Rhenock), Reshi (E), East Pendam,
Kopchey, Dalapchand, Aritar, chujachen, Rolep, Parakha, Penlong, Lingdok,
Lingtam, Rumtek, Middle Camp, Lowe Samdong, duga, Tsongu, sirwani, Syari,
Tathangchen.
|
|
|
NORTH DISTRICT
|
|
Bazar Class-II
|
: Mangan, chungthang, Dikchu (N), Phensong,
Phodong.
|
|
Rural Marketing Centre
|
: Payong, Kabi, Namak, Ramthang, Singhik,
Pakshep, Manuel Naga Sangkalang, Hee-Gyathang, Pashingdong, Phidang, Tumlang,
Phamtan, Bakcha, Lachen, Lachung, Lingzya, Tingbong.
|
|
|
SOUTH DISTRICT
|
|
Bazar Class-II
|
: Jorethang, Namchi, Melli, Ravongla
|
|
Bazar Class-III
|
: Simchutahng (Mangley), Majhitar, Temi Bazar,
Damthang Namtahng, Kewzing, Yangyang, Ralong
|
|
Rural Marketing Centre
|
: Nandugaon, Tenzor, Maniram, Bhanjyang,
Phugbhanjyang, Rateypaney, Tokal Bermiok, "o" Tarku, Ben Bazar,
Sadam, Melli Dara, Payong, Sukrabarey (Sadam), Sumbuk, Turuk, Kitam, Wok,
Lingmoo, Lingi-Payong, Namphok, Manpur, Gumpa Ghurpisey.
|
|
|
WEST DISTRICTS
|
|
Bazar Class-II
|
: Gyalshing
|
|
Bazar Class-III
|
: Legship, Reshi, Hee, Sambaria, Soreng,
Daramdin, Dentam Rinchenpong, Kaluk, Mangalbarey, Shreebadam, Barmiok
Pelling, Tashiding, chakung, Nayabazar.
|
|
Rural Marketing Centre
|
: Darap, Rimbi, Gerethang, Melli-Khechepery,
Sakyong, Chongrang, Lingchom, Tashitahng, Chewabhanjyang, Timburbong, Dodak,
Zoom, Ribdi, Okhrey, Bhareng Hilley, Budang, Tharpu, Pureytar, Thingling,
Begha, Rothak, Yuksom Uttarey.
|
Note: The Demarcation of the boundary of the
individual Bazar are shall be done subsequently by issuing separate notification