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 31st day of December, 2008 is hereby published for general information:-
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
and
. commencement
1. (1) This Act may be called The Sikkim Tenants and Domestic and
Professional Helps (Compulsory Verification) Act, 2008.
(2) It extents to the whole of Sikkim.
(3) It shall come into force on such date as the State Government may by
notification in the Official Gazette appoint.
Definitions 2. In this Act, unless the context otherwise requires: -
(a) "Act" means The Slkkirn Tenants and Domestic and Professional Helps
(Compulsory Verification) Act, 2008.

House owners
to report
tenency end
apply for
verification of
tenants
(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 or professional help" means any person not being a regular
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 in any 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 or accommodation in any
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 a hotel 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.
3. (1) Every house owner by himself or an agent acting on his behalf shall,
within a.period of30 (thirty) days from the date of commencement of
this Act in the case of existing tenancy and within 30 (thirty) days of
any new tenancy provided by him, inform the Officer-in-charge of
the Police Station having jurisdiction of such tenancy along with the
name and details in such form, as may be prescribed, of all tenants:
Provided that this provision shall not be applicable in respect
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) In respect of tenancies 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 of the Police Station having jurisdiction, along
with such documents as may be prescribed, for verification of the
antecedents of all tenants:
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
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Employers of
domestic and
professional
help to report
employment
and apply for
verification
Fee and conduct
of verification
Penalty
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.
4. (1) Every employer of domestic or professional help by himself or an agent
acting on his behalf shall, within 30 (thirty) days from the date of
commencement of this Act in case of existing domestic or professional
help, and within 30 (thirty) days of employment of new domestic or
professional help, apply to the Officer-in- charge of the Police Station
having jurisdiction for verification of the antecedents of such domestic
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 of Sikkim or isa serving or 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.
5. (1) Every application under section 3 and 4 shall be accompanied by such
a fee as may be prescribed.
(2)The Officer-in-charge ofthe Police Station 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 is a break from the State of Sikkim in the 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 of their Police Station.
(4) The State Government may by notification modify tile categories of
exempted persons as may be considered expedient.
6. (1) Any house owner violating the provisions of section 3 ot 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.
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Power to make
rules
7.
(2) Any employer ofadomestic ora professional help violating 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.
The State Government may by notification make rules for carrying out
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
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