S KKIi'1 re- (;AZETTEGOVERNMEi'Jl- EXTRAORDINARY· PUBLISHED BY AUTHORITY No. 20 -=-----------~----~--------~------------ GOVERNMENT OF SIKKIM SIKKIM LEGISLATIVE ASSEMBLY SECRETARIAT GANGTOK NOTIFICATION No. SLAS/80-81/222/(3/3/Home 81). Dated Gangtok, the 7th March, 1981. THE SIKKIM LEGISLATIVE ASSEMBLY MEMBERS (RESIDENTIAL ACCOMMODATION) RULES, 198 I. In exercise of the powers conferred by section S read with sub-section (4-) of section 4- of the Sikkim Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly (Salaries and Allowances) Act, 1977 (No.4 of 1977), the State Government hereby makes the following rules, namely:- I. Short title and commencement: (I) These Rules may be called the Sikkim Legislative Assembly Members (Residential Accommodation) Rules, 1981.
2. They shall come into force from the date of their publication in the Official Gazette. L Definitions: In these rules, unless the context otherwise requires:-
(a) 'Act' means the Sikkirn Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly (Salaries and Allowances) Act, 1977;
(b) 'day' means 2+ hours [rom the time of occupation of accommodation;
(c) 'guest' means a guest of the c
(a) member of the Sikkim Legislative Assembly ; or
(b) member of parliament; or
(c) member of any State Legislature who may accompany any member; or
(d) State Government;
(d) 'Government' means the State Government of Sikkirn ,
(e) 'Hostel' means the State Legislators' Hostel, Gangtok;
(f) 'member' means a member of the Sikkim Legislative 'Assembly;
(g) 'Member of the Parliament' means a Member of Lok Sabha and Rajya Sabha;
(h) , rent' means charges for accommodation;
(i) 'Secretary' means the Secretary of Sikkim Legislative Assembly and includes a Deputy Secretary and Under Secretary;
(j) 'Superintendent' means the Superintendent of the Hostel;
(k) 'week' means a seven Calender days; 2 (I) all other words and expressions used in these rules but defined not therein shall have the meanings respectively assign,ed to them in the Act. 3· de Secretary. Control of the Hostel: The Hostel shaH be under the administrative control of
4. Occupation:
(1) The Hostel is premarriy meant for the occupation of the members, but subject to accommodation being available during non-session Feriod and permission being granted by the Secretary, the following categories of non-members coming to Gangtok on Government Business may be accommodated for a period not exceeding one week on pay:nent of usual rent ;--
(a) members of Parliament;
(b) members of Legislative Assemblies of other States;
(c) State Guests; .
(d) 1St Grade Officers of the Government of Sikkim.
(e) Class I Officers of the Central and other State Government.
(2) A member shall be allowed to occupy a single seat or a room depending upon availability of accommodation on signing an agreement in Form appended to these rules and shall invariably note the time and date of arrival in the occupation register kept at the counter by affiXing his signature against the entries. In default, the entries made by the officer aSSigned with this task shall be conclusive and no dispute thereon, I shall be entertained.
(3) During non-session period, a member may stay for the period of seven days and stay beyond that period with intimation to the Secretary.
(4) The Hostel shall, on no account, be made available for occupation' by any member with or without his family as all time residence.
(5) No member shall be permitted to occupy more than one room at a time.
(6) No one shall be allowed to occupy the dining room or the reception hall.
(7) The Speaker may in his discretaion allow any other category of persons not specified in sub-rule (I) of rule. 4 to ('ccupy seat room in the Hostel on payment of rent subject to availability of accommodation.
Explanation:- The expression "no-session period" means the time when the assembly is not in session but does not include the period when any Committee of the Sikkirn . Legislative Assembly holds its sittings.
5. Reservation of Hostel seats: (I) The Hostel seats shall be reserved for the members during the Assembly session
(2) Accommodation for a person other than a member or his guest may be reserved on an application made to the Secretary at least seven days before the accom modation is reqired indicating the probable number of days which shall not exceed one week. The Secretary reserves the right to refuse accommodation to any person other than a member for his guest without assigning any reason there of.
(3) A member may be allowed an extra seat in a separate room or a room for his guests not exceeding two in number at one time on payment of the tariff rates mentioned in item (b) of the Schedule appended to these rules subject to the availability of accommodation.
(4) The rooms of the Hostel are furnished and no extra bed, linen and furniture shall he provided.
(5) All requests for allotment of seats in the Hostel for any State shall come from the Home Department of the Government.
6. Cancellation of Reservation: Failure to occupy tne seat on the due date shall amount to cancellation of the reservation. 3
7. Rcrrt for Hostel: (I) The trariff rates for accommodation. of the members, of Parliament, the members of other State Legislatures their guests and other occupants shall be charged as per rates; gi'len in theScI}edule appended to these rules. The :.tate Government reserves the right to add or alter the rates at its pleasure which shall be in force from the date such addition or alteration is made.
(2) Tile occupants shall have to make entries in the occupantion regi;ter at the time of vacating the occupation and leave the key with the Supeninteud. nt of the Hostel and in case of default he or she shall be treated to be in continuous occupation and the charges thereof slnll be double the usual rates. . 8. The occupants shall keep all their personal belongings under lock ":1d key at owners risk and snail take them back while leaving. The Secretary shall not be responsible (or the loss and/or damage of an)' articles 'which sl1<111be kept exclusively at owner's risk.
9. The visitors may be allowed on request and with the concurrence of the occupants Irom 6. A.M. to 10. P.M. and prescribed rent shall be charged if any visitor stays beyond 10·P.M.
10. Registers: (J) There shall be: separate occupation Registers· for members and non-members. "
(2) The Rt'gisters sl-all be maintained by the Superintendent and kept in his custody or in his absence in the custody of the caretaker or che wkidar. I r. Entry into R.egIster: .Every occupant s]-all enter the d .te and time of his arrival immediately when the accommodation is allotted to him and shall also enter the date and time of his departure in the Register.
12. Payment of .R(nt i (J) .A II clues For the occpation of ihe .Hostel shall be pai lto the Superin ten dent at the time of departure and necessary entrie: made in the Registel' kept with the Superintendent or in his absen :e kept with the the Caretaker or 'Chewlddar of the Hostel by the occ Ipant.
(2) Rent for occupation of seats by any State Guest shall be paid by tl.e Home D'parti11cnt of the Government after receipts (·f the bill from the Assembl , Secretariat. .. ,:" ;'". ,.";
(3) The Supe rintendcnt shall deposit the rent received b:' him weekly w'i:h the Secretary i.11the, Assembly Secretariat.
(4) The Secretary shall maintain a rent register and credit the rent in the . State Bank of Sikkim every week under proper Head. (5') The Secretary after crediting the rent shall enter :he Bankj'cceipt, number and date in the occupation Register, Rece ipt Book and the Rent Register. i\\f.'. •
(6) The payment of rent for occupation of seats by memlers during Session . of the Assembly by. members during Session of the A~iemblv or business connected with his duties as a member shall be rna [e in cash to the Superintendent before their departure. For occr pation of seats at other times by the members themselves, their families and guests shall similarly be paid before or while vacating the Hostel to the Superintendent and receipt for such payment shall be issued to the mcrnbcrs .
Explanation ;- The expression "business connected with his duties as rnc·mber" mean" 2.ny [iuxi nc S <ll'ising out of Legis'ative Assemby duties and includes F\rticipatiol1 in the business at var ious co mrnit tc e i, Commissions, boards or stud), ···eams constituted, formed or appointed by the House or its prt:siding Officer or by the Government. ' 4
(7) When rent is not paid in cash it shall be recovered from the _ y or travellling allowances of the members.
(8) Rent for occupation of seat in the hostel by any non-member except the State Guest shall be paid in cash to the Superintendent before vacating the seat or room. The occupant shall also be given a receipt for such payment.
(9) In case of failure to pay seat rent by any non-member, the Department or the person on whose request seat has been allotted to the non-member shall be responsible for payment of the rent. The Superintendent or in his absence the Caretaker or Chowkidar shall report immediately to the Secretary, as soon as a non-member leaves the Hostel without payment .or has made only part payment of rent.
13. Stock Register: A stock Register shall be maintained in the Hostel for furniture, utensils, crokeries and other properties. The Stock Register shall be checked and verified half-yearly by the Secretary.
14. Recovery on account of dama.ge, breakage etc.: Any damage, breakage, or loss of utensils and furniture of the Hostel shall be made good by the person responsible for the damage breakage or loss by paying the price of the kind at the current market rate. l~. Gambling, drinking etc. (I) Gambling, drinking of liquors and entertainment of persons of loose character in the premises are strictly prohibited.
(2) No occupant shall keep in his room any outsider except a Mern her of his f;"miI)".
16. Telephone: (I) The telephone provided in the Hostel are for the use of the members. The members are entitled to use the telephone free of cha.rge for the local calls. Trunk calls may be made with the prior permission of the Superintendent or in hb absence information to the Caretaker or Chowkldar and entries for such trunk calls shall have to be made in the register kept for the purpose which shall be Signed by the caller and the charges thereof as prescribed shall be recoverable from the caller. .
(2) The non-member may also use the telephone on payment of the charges as notified from time to time hy the State Government.
17. Catering of Food: (I) A canteen is attached to the Hostel and a member, his guests and/or the occupant may arrange for their own food directly with the caterer on payment of the tariff prescribed frorn time to time.
(2) A washerman is attached to the Hostel whose service may be available on payment.
(j) The services of room-attendants may be available for the occupants except for the works outside the premises of the hostel. (4~) Cooking slull not be permitted in the rooms, balconies and/or verandah of the hostel.
(5) No pet or animal shall be allowed in the premises of the hostel. J. T. DENSAPA, Home Secretary, Government of Sikkim. ,.•.. .,5 ••• '.',. /~~.••.., ; 5 FORM ( See sub-rule (2) of rule 4) I, , hereby agree to the allotment of seat No in Room No of the Hostel subject to the following conditions:
(a) that I shall pay to the Government dues pertaining to such occupation by deduction of allowance every month and/or after presentation of the bill if not paid in cash earlier. that I shall not sublet any seat to any person: that Ishall abide by the existing rules and rules formulated from time to time.
(b)
(c) Signature of the M.L,A. SCHEDUl.E The tariff rates are noted below :
(a) (i) For Members - Rs.2/- per day for a single seat and RS.3/ per day fol(...,idouble bed room. . t"
(b)
(ii)For guest of the members Rs.2/- per day for each guest. Members of the Parliament and their guests, Members of the other State Legislature and their guests - Rs. 5/- per seat per day and part thereof. For others - Rs. 8/- per day per seat for the first seven days and Rs, r 2/- per day seat there after. Part of day will be reckoned as a full day for the purpose or realising occupation charges.
(c) Note ---- PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK '-' r GOVERNMEf\lT SiKKtM GAZE:,TTe EXT RA 0 R0 INA BY PUBLISHED BY A,UTHOHITY l3angtok No. 100 Gbv~I'hrnei1tof Sikkirn Department 01 Parliamentary Affairs Ganqtok No 31PAD/2007 , Notttlcatlon In exercise of the powers conterred by section 8 read Wit)1sub-sectlon (4) Of section 4 of the Sikkim Ministers, Spaaker. Deputy Speaker ana Members of the Sikklm LegislaliveAssembly(Salafies and AlloWances) Act, 1977 '(4 of 1977), the State Government hereby makesthe following ruies further to amend the Sikl<im Legislative Assembly Members (R'8sldenlial Accnmmcdatiort] Rules; 1981 \ namely.- 511011title and 1. ( 1) commencement
(2) Amendment of 2, rule 2. Amendment of rule 4. 3, These rules may be called the Sikkim~eglslatlve Assembly Members (Besidentla] Accorn'nodatton) Amendment Rules, 2007: They shall come Into force at once. In the Slkkirn Legislative Assembly Members (Residential Accommodation) Rules. 1981 ,(hereinafter referred to as the said rulesj.ln clausefl) of rule- 2,forthe words, "Deputy SeCfE)tary and Under Secretary," the words, "Special SecJ'etaryand Joint Secretary" .shaiJ be.substltu16d, iit the said rules, in rule 4,-
(8) in sub-rule (2), for the word "seat," tile word "unit" shall be substituted;
(b) for theexistih.Q sub-t0le (5), the folloWing shall besUbstltulod., narn¢ly:- "(S) (a) No member shallbe permitted tb Occupy mbrethandrle Unit or room eta time,
(b) Once a carson ceases to be a member he or she shalt have to vacate the unit or room under his or her occupation, handover the unit/room and deposit the key to the Supetlntendent." - 601 - ·Amendrnentct rules 10, 1~.and
16.
4. In the said rules, t.n ruJEls1 0, 121ano 16, for the words "caretaksr or chowkidar" Wherever they occur, the words "Supervisor or Caretaker or Chowkidar", shall be substituted. Amendmentof rulet?
5. In the said rules.ln sub-rule (4) of rule 17, H1e wore, "rooms" shall be omitted, Amendrneht of Schedule. 6, In the said rules, in the Sche.dule,~
(1) in clause (a), for thEl figure "2" wherever it occurs, the figure "10" and for the figure "S", the tigurEl"'20Jl $!'l8,II, respectively be substituted;
(2)' in .01a \.Ise (b), for the flgure "5", the figure "20" shaH be substituted;
(3) in clause (0), torthe figure ,is"..thefigure "40" and tor the tigure "12", the figUre"60l! shall, respectively be substituted:
(4) after clause (0), the following clause shall be inserted, narnely.. "(d) Rate fixeq for use of dinning hall of MLA hostel-
(i) For tea party Rs, 250/· each occasion, (iJ) Lunch/dinner Rs. 500/- each occasion", R.I<. Purka,ya,stha,SSJS Secret~ry, Department of Parliamentary Affairs. - 602 -