Tag: Sikkimese

Sikkim Assembly seeks clarification on Sikkimese definition in Finance Act from Centre

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Gangtok: The Sikkim Assembly on Monday passed a resolution seeking clarification from the Centre on the expansion of the definition of Sikkimese in the recently passed Finance Act, 2023.
The House adopted the resolution by a voice vote during a day-long session convened to discuss the matter.
As soon as House assembled, Education Minister Lunga Nima Lepcha tabled the resolution with permission from Speaker Arun Upreti.

Dramatic scenes were witnessed as Sikkim Democratic Front (SDF) supremo and former chief minister Pawan Kumar Chamling was marshalled out of the House for disrupting Chief Minister Prem Singh Tamang’s reply.
Chamling, who was the CM for 25 years, charged his successor of “misleading” the House on the impact of the Finance Act on Article 371F, which grants special rights to Sikkimese people.
The SDF president wanted to raise a point of order while the CM was speaking but the Speaker disallowed him from doing so, and chastised the former chief minister for disrupting the House, before ordering him to be marshalled out.
Consequently, 73-year-old Chamling was escorted out of the House, where in a brief media interaction, he insisted that the provisions of Article 371F applicable exclusively to Sikkim stood diluted after the enactment of the Finance Bill, 2023 by expanding the definition of Sikkimese people by including the old settlers and their descendants.
“Over the next few years, the doors have been opened for more outsiders to come to Sikkim and enjoy the exclusive rights,” he said.

Later, addressing a press conference, the CM asserted that the rights of the Sikkimese people have not been compromised in any way and that Union Finance Minister Nirmala Sitharaman has clarified that the expansion of the Sikkimese definition was only for Income Tax exemption.
“What are we supposed to lose if the old settlers and their descendants get exemption from Income Tax?” he said.
Article 371F has remained untouched in Finance Act, which is an amendment to the Income Tax Act, 1961.
On his predecessor being marshalled out from the House, Tamang said he has nothing to say on the matter as it was the decision of the Speaker.
Tamang said he has suggested that the Speaker establish an all-party delegation, which will meet representatives of the Centre to seek clarification on the expansion of the definition of Sikkimese.
He said 14 people have been arrested so far for their involvement in recent violence in Singtam, in which a Joint Action Council office-bearer was injured in an attack while he was mobilising people to bring out a protest rally against the Finance Act.
Meanwhile, two BJP leaders — S B Karki and Laten Sherpa resigned from the primary membership of the party in protest against the alleged dilution of Article 371F following the enactment of the Finance Act.
Sherpa had contested the lone Lok Sabha seat from Sikkim in 2019 on a BJP ticket, while Karki was the vice-president of the party’s state unit.
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#Sikkim #Assembly #seeks #clarification #Sikkimese #definition #Finance #Act #Centre
( With inputs from www.siasat.com )

April 11, 2023
JAC appeals to Sikkimese people to stay indoors on Monday to protest attack on GS

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Gangtok: The Joint Action Committee (JAC) on Sunday urged the people of the state to stay indoors on Monday to protest against the attack on its general secretary in Singham.
JAC vice president Passang Sherpa told reporters that colleague was attacked brutally by some goons in Singham town while he was mobilising the people for the JAC’s call for a peaceful rally against the expansion of definition of Sikkimese people in the Union Finance Act, 2023 passed by Parliament recently.
“We are urging the people of Sikkim to stay indoors tomorrow as a mark of protest against the brutal attack on the JAC general secretary Keshav Sapkota in Singham town yesterday,” Sherpa said.

He lashed out at the Sikkim Krantikari Morcha government for the “prevailing lawlessness” in Sikkim as the voices of opposition was being “stifled by force and violence”.
He said the denial of permisson to take out a peaceful rally in the state capital on Monday in protest against expansion of definition of Sikkimese people and attack on Sapkota proved the charge of prevalence of “lawlessness” in Sikkim.
“We wanted to protest in a democratic way but the administration not only denied permission for the rally, but did not act in time to prevent attack on our office bearer by some goons,” he said.
On the present condition of the injured JAC general secretary, Sherpa said that he was admitted in the Intensive Care Unit (ICU) at the Central Referral Hospital and undergoing treatment for multiple injuries.
Earlier in the day, former Chief Minister and Sikkim Democratic Front (SDF) President Pawan Kumar Chamling visited CRH and met the injured JAC office bearer and enquired about his health condition.

Meanwhile, the Sikkim Police arrested 11 more people in connection with the attack on Sapkota, an officer said.
The officer said that an investigation was underway and the culprits will be brought to justice.
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#JAC #appeals #Sikkimese #people #stay #indoors #Monday #protest #attack
( With inputs from www.siasat.com )

April 9, 2023
SC observation on Sikkimese Nepalis: Rijiju says Centre will file review petition

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New Delhi: Amid protests in Sikkim over a reported observation of the Supreme Court referring to Sikkimese Nepalis as “immigrants”, Law Minister Kiren Rijiju on Sunday said the Centre is filing a review petition in the apex court to support the state government.
The state government has already filed a review petition in the apex court on the matter.
The protests are taking place after the Supreme Court reportedly mentioned the Sikkimese Nepali community as immigrants in an observation on January 13 while extending income tax exemption to all old settlers of the state.
“I have spoken to CM of Sikkim P S Tamang Golay. Union of India is also filing a Review Petition in Supreme Court to support Sikkim Govt through Solicitor General of India. Govt of India stands with the people of Sikkim,” Rijiju tweeted.
In another tweet, he assured the people of Sikkim that “this judgment does not deal with or dilute Article 371F of the Constitution (relating to the state) and has nothing to do with anyone’s citizenship.”
“We value the Constitutional status of every genuine Indian and will be protected at any cost,” he wrote.
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#observation #Sikkimese #Nepalis #Rijiju #Centre #file #review #petition
( With inputs from www.siasat.com )

February 5, 2023
Sikkim to file petition in SC on mention of Sikkimese Nepali community as foreigners

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Gangtok: Sikkim Chief Minister Prem Singh Tamang on Monday said his government will file a review petition in the Supreme Court with a prayer for rectification of its “inadvertent mention of the Sikkimese Nepali community as foreigners” in an order two weeks ago.
“Let me reiterate and reassure that no injustice will be meted out to anyone with regard to the inadvertent mention of Sikkimese Nepali Community as foreigners in the observation part and not in the judgment part of the verdict of Hon’ble Apex Court in the matter of income tax exemption for the old settlers of Sikkim,” he said in a social media post.
“I express my solidarity not only with Sikkimese Nepali Community but with all the communities of our dear state. We all are one, and will always remain united,” Tamang said.
The state government has already initiated steps for filing the review petition for addressing the concerns of the Sikkimese Nepali community, the chief minister said.
Tamang said he has already spoken to Union Law Minister Kiren Rijiju and the latter has assured that the Government of India will support the review petition of the Government of Sikkim, and if required will file a review petition itself as well on similar lines.
Tamang appealed to all people to be patient and keep faith in the judiciary. It is just a matter of time that this issue will be addressed for the good of one and all, he said.
The Supreme Court in its order dated January 13, 2023, had directed the Centre to amend the definition of ‘Sikkimese’ in Section 10 (26AAA) of Income Tax Act 1961 for including income tax exemption to all Indian citizens domiciled in Sikkim on or before the merger date of April 26, 1975.
“The Union of India shall make an amendment to Explanation to Section 10 (26AAA) of IT Act, 1961, so as to suitably include a clause to extend the exemption from payment of income tax to all Indian citizens domiciled in Sikkim on or before 26th April, 1975.

“The reason for such a direction is to save explanation from unconstitutionality and to ensure parity in the facts and circumstances of the case,” said the apex court while disposing of two writ petitions filed by Association of Old Settlers of Sikkim (AOSS) and others with a prayer for grant of income tax exemption at par with the Sikkimese people as given under Section 10 (26AAA) of IT Act following an amendment in 2008 by the Parliament.
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#Sikkim #file #petition #mention #Sikkimese #Nepali #community #foreigners
( With inputs from www.siasat.com )

January 30, 2023