SIKKIM OBSERVER Saturday
Feb 22-March 1, 2013
Making CJ as PM “will turn Nepal into Sikkim”: Maoists
Nepal CPN-Maoist leader Dev Gurung |
Kathmandu, Feb 22: CPN-Maoist on Tuesday burnt down Monday´s nine-point draft proposal worked
among the major parties claiming the agreement as anti-national. Addressing a
gathering in Kathmandu after its nationwide shutdown, Maoist leaders said the
party will continue its protests until the parties change their mind of a chief
justice-led government.
"The nine-point
agreement is against national interest. The parties plan to form a chief
justice-led government on cue from imperialists and expansionists," said
the party’s secretary Dev Gurung addressing the gathering after its general
shutdown in Kathmandu, Republica
reported.
He also torched a copy of the
draft proposal. He also said that the plan by UCPN (Maoist), Nepali Congress,
CPN-UML and United Democratic Madhesi Front (UDMF) to install the chief justice
as head of the government will turn Nepal into Sikkim.
He also alleged that Shital
Niwas, the president´s office, has turned into a playground of traitors.
Addressing the gathering,
Matrika Yadav, coordinator of the CPN (Maoist), alleged that UCPN (Maoist)
Chairman Pushpa Kamal Dahal and Vice-chairman Baburam Bhattarai are main
stooges and the leaders of Nepali Congress, CPN-UML and UDMF are secondary
stooges of the foreign forces.
Similarly, CPN (United)
leader Pari Thapa said Chief Justice Khil Raj Regmi was responsible for the
demise of the Constituent Assembly and UCPN (Maoist), NC and UML were the main
culprits. He also claimed that the parties will not be able to conduct CA
election.
Mani Thapa, the chief of the
Revolutionary Communist Party, echoed Matrika Yadav and urged people and
nationalist forces to be ready to save country.
Addressing the gathering,
senior journalist Yuba Raj Ghimire urged Prime Minister Bhattarai to tell the
country who holds the keys of the country. He also urged UCPN (Maoist) Chairman
Dahal to tell the country who the foreign master is. Earlier, Bhattarai had
said keys of the country are not in Nepal and Dahal had said he resigned as
prime minister as he refused to surrender to the foreign master.
CPN-Maoist plans to present a
memorandum to the president against the 9-point draft proposal on Wednesday and
stage sit-in at Lainchaur.
SKM delegation meets Guv, demands Akshay’s suspension
Gangtok, Feb 22: The Sikkim Krantikari Morcha (SKM) has sought Governor BP Singh’s
intervention for suspension of IGP (Law & Order) Akshay Sachedava for his
alleged role in police lathicharge in SKM office here on February 11.
In its memorandum submitted
to the Governor, the party has also demand judicial probe into the incident that injured many SKM activists,
including women.
The delegation of the party
also apprised the Governor of the Feb 11 incident. While those involved in the
incident have been jailed others are undergoing medical treatment here at a
local hospital.
A report of the incident carried
in India Today said: “A senior police
officer of Sikkim was caught on camera while allegedly ordering his
subordinates to cane-charge women protesters for protesting against Chief
Minister Pawan Chamling recently.
The video of the incident,
which has been circulating on social media, shows inspector general of police
(IGP) Akshay Sachdeva asking his men to lathi-charge the women activists of
Sikkim Krantikari Morcha.”
India Today
added, ‘In the video, which has gone viral on the web, the IGP can be seen
instigating policemen not to spare women protesters and rain them with lathis
for allegedly throwing plastic bottles at the chief minister's car.
The officer is even heard
asking the policemen if they were eunuchs after some of them hesitated in
beating up women. The action was ordered even as the miscreants, who actually
threw bottles, were being identified.”
Rao re-elected IFWJ Prez
IFWJ President K. Vikram Rao (right) with his
colleagues during a function of the IFWJ (file pix)
Gangtok, Feb 22: K. Vikram Rao has been re-elected as President of Indian Federation of
Working Journalists (IFWJ).
Rao was re-elected unopposed.
Author of many books, Rao worked for The
Times of India for more than 35 years.
He was jailed for 19 months
during the emergency in the 1970s for Press freedom. Rao was also a member of
the Press Council of India for two terms.
Sikkim Federation of Working
Journalists (SFWJ) President Jigme N Kazi has congratulated Rao for his
re-election. SFWJ is affiliated to IFWJ.
Editorial
OLD SETTLERS IN SIKKIM
Grant IT Exemption
Now that the Supreme Court
has taken a serious note of the demand of old settlers in Sikkim on income tax
exemption and has even granted a stay order restraining tax authorities from
recovering income tax dues from them it is time for all parties to take the
matter seriously and settle it at the earliest. Locally referred to as purano byapari, many of the old settlers
in Sikkim trace their origin in the former kingdom to around 1890 when Sikkim
became a British Protectorate. A large section of early settlers in Sikkim from
the majority Nepalese community also settled in Sikkim during this period.
Rightly or wrongly, unlike the Nepalese the old settlers from the business
community, many of whom are Marwaris and Biharis, were not given Sikkim Subject
Certitificate mainly because they did not apply for it. India had become
independent and Sikkim continued to be a protectorate of India even after the
British left the subcontinent in 1947.
The Indian origin old
settlers in Sikkim preferred to become ‘citizens’ of free Indian then become
‘subjects’ of the Chogyal.
Whatever be their past
history it is a fact that the old settlers played a leading role in economic
development of Sikkim. During the Chogyal all those who resided in Sikkim,
including the purano byaparis, came
under the same tax law. Even after the ‘merger’ the same system continued. It
is only after the Centre decided to exempt ‘Sikkim subjects’, which include
Sikkimese Nepalese, from payment of income tax in 2008 that the demand for
income tax exemption for old settlers gained momentum. Chief Minister Pawan
Chamling has assured old settlers that the matter would be settled amicably.
Other political parties and social organizations in Sikkim also have a
sympathetic view on the subject. Now the time has come to positively act on the
matter.
DOCUMENT
The Sikkim Chamber of Commerce recently
submitted a memorandum to the Income Tax Department on exemption of IT for old
settlers in Sikkim. The full text of the memorandum is published herebelow:
The Commissioner of Income Tax,
Income Tax Department,
Government of India,
Gangtok-Sikkim
M E M O R A N D U M
Sir,
The Sikkim Chamber of Commerce
welcomes you to the small peaceful and beautiful state of Sikkim. As understood
by us the very reason for your visit is to understand the reasons of non
compliance of Indian Income tax extended in Sikkim in the year 2008. The Sikkim
Chamber of commerce on behalf of all communities in Sikkim submits the under
mentioned for your kind information and necessary action please.
History of Old Settlors in Sikkim
The various communities comprising
mostly of people who migrated from different parts of India have been settled
in Sikkim from centuries when Sikkim was a country under the regime of Chogyal
Dynasty. The then erstwhile kingdom treated all the communities equally in all
aspects of life. In the year 1961, the Government of Sikkim enacted Sikkim
Subject regulations Act 1961 and issued Sikkim Subject certificates to the
citizens of Sikkim. The Indian citizens residing in Sikkim until April 26, 1975
chose not to obtain Sikkim Subject Certificates under the provisions of the
Sikkim Subjects Regulation, 1961 as they were already citizens of India. Sikkim
was a protectorate of India under the Indo-
Sikkim Treaty of 1950 under which
all Indian citizens residing in Sikkim were treated at par with the Sikkimese
people. There was no discrimination during the regime of the Chogyal and the
Sikkim Income Tax Manual, 1948 was applicable equally to all persons residing
in Sikkim until 16/06/2008 as per Circular No.2/Fin/Adm. dated 16/06/2008
issued by the Finance Department, Government of Sikkim. On 26th April 1975,
Sikkim merged with India as per Article 371 (f) of the Indian constitution. The
Sikkim Subject was repealed and Certificate of Identifications were issued to
Sikkimese citizens and it was issued by Govt. of Sikkim. There were large
number of people who were left out from becoming Indian citizen who were
neither Indian nor Sikkimese, the Sikkimese Citizen having Sikkim Subject
automatically became citizen of Indian, so the government through the MHA Order
No.26030/36/90-IC-I dated 7/8/1990 and April 8, 1991 on the basis of MHA Order
No.26030/69/88-IC-I dated 20th March 1989 with Guidelines thereto made them
citizen of India and issued them Certificate of Identification. Indians were
not required apply for COI as they were already Indians.
Extention of Indian Income Tax Act 1961 in Sikkim
The Indian Union extended the Income
tax Act 1961 in Sikkim as per sec 10 of 26 AAA on 16/06/2008 as per Circular
No.2/Fin/Adm. dated 16/06/2008 issued by the Finance Department, Govt. of
India. The definition of “Sikkimese” as explained by the act deprived us of our
identity and is discriminatory towards original Indians residing in Sikkim
before its merger with Indian Union. As per the definition of “Sikkimese”,
people who were neither Sikkimese nor Indian but made Indian vide MHA Order
No.26030/36/90-IC-I dated 7/8/1990 and April 8, 1991 were exempted but at the
same time the original Indians were denied of their legitimate rights.
Representations made by the communities so far and the
outcomes
The various communities residing in
Sikkim since pre merger era i.e. before 26th April 1975 have made several
representations to different forums for inclusion of 400 families who are left
out from the purview of Income tax exemption, the details are as under :
1. Petition in Rajya Sabha Petition Committee
A petition to seek equal rights and
exemption of Income Tax and to safeguard the rights of bonafide Indian National
Citizens residing in Sikkim before the merger is filed and accepted by the
Rajya Sabha Petition Committee. The Committee was to visit Sikkim and conduct
the hearing of affected citizens on 21st September 2011 but because of a
massive earthquake in Sikkim on 18th September 2011 their visit was cancelled.
The committee again was supposed to visit Sikkim on 16th of September 2012 for
final hearing to reach upon conclusion but the visit was again cancelled due to
imposition of code of conduct due to panchayat elections. The decision of the
committee is still pending which is due any time from now.
2. Representation to Hon’ble Finance Minister, Govt. of India
A representation from the affected
citizens were submitted to the then Honb’le Finance Minister vide letter on
14.12.2011 ( Annexure 1 ) and on hearing upon our grievances we were assured by
him to look into the matter for consideration of Indian Income Tax exemption to
the left out old settlers of Sikkim. The Honb’le Minister made a statement on
record and assured in the Parliament on 12/12/2011 that “So far as Sikkim is
concerned, I am receiving representations and some representations I have
already received. I am looking into it.” ( Annex-2) when the issue was raised by
the Shri. S. S. Ahluwalia, Member Rajya Sabha. As informed to us the matter is
under active consideration and results awaited.
3. Representation to Hon’ble Chief Minister of Sikkim, Shri
Pawan Kumar Chamling
We have submitted a memorandum to
the Honb’le Chief Minister of Sikkim to grant exemption of Income tax to
bonafide Indian national residing in Sikkim before 26th April 1975. The State
Government acting on the memorandum took following actions
a) Acknowledging our genuine demand
the state government formed a committee to study the issue and make
recommendations to the government. (Please see Annex-3)
b) Passed a private memo in Assembly
(Please see Annex-4).
c) Passed resolution in assembly on
26/03/2011 (Please see Annex-5)
d) Made recommendations to Govt. of
India and raised the issue with Honorable Prime Minister of India and the then
Hon’ble Finance Minister Shri Pranab Mukherjee. (Please see Annex-6)
e) The Chief Secretary wrote a
letter on 21.01.2012 to Sri Mukesh C. Joshi, Chairman Central Board of Direct
Taxes, Ministry of Finance, and Govt. of India. (Please see Annex-7)
The matter is still under
consideration and no parties till date has denied to grant exemption and the
deliberation on the issue is at its peak.
4. Representation to Income Tax Department, Sikkim and in
Siliguri
There were memorandums submitted to
various IT officials but no action or even reply has been received from their
end.
5. Situation of Business Communities settled in Sikkim after
post merger
The extension of Indian Income Tax
has not only created havoc amongst the old Settlors but it has been very
difficult for the post merger business communities to adopt the act. The Income
tax manual 1948 was followed until 16/06/2008 and the post merger settlers were
following it for almost 33 years. The calculations were very simple. The
complexity of the taxation rules as per Income Tax Act 1961 has to be well
taught to all for successful implementation of same. Moreover large numbers of
businessman have already paid their taxes upto the financial year ending March,
2008 under Sikkim Income Tax manual to the Government of Sikkim. Since decades
the business communities have been running their businesses in Sikkim as Hindu
Undivided Family (HUF), everything is in the name of Head of the family. The
assets and income actually belong to all members of the family. No tax planning
has been done as it is done in other parts of the country.
Sir, in view of above facts and
considering the complexities of the issues involved we request and suggest you
that:
a) All matters pertaining to Central
Income Tax for pre merger business communities i.e. a person residing in Sikkim
prior to 26th April 1975 be kept in abeyance until the matter and demands from
the affected citizens to the various
forums as stated above is resolved.
The community at large is waiting for its long pending demands made to the
concerned authorities and final conclusion from there end is still awaited. It
is also submitted that the issue here is not related to Income Tax but is demand
for their legitimate rights and to safeguard their identity.
b) For successful implementation and
acceptance of Indian Income tax amongst the post merger residents of Sikkim,
the Sikkim Chamber of Commerce suggests that the same should be implemented from
a prospective date i.e. 01/04/2013. In the meantime proper training and
guidance be provided to them by creating a conducive atmosphere and by
conducting seminars and camps to educate them.
We heartily appreciate the gesture
of your esteemed department for conducting such a meeting with the public to
identify their problems and grievances and we expect the same gesture in future
as well.
Thanking you,
With warm regards,
(Ashok Sarda)
President
Sikkim Chamber of Commerce