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GOVERNMENT
OF SIKKIM
LOCAL SELF GOVERNMENT
AND
HOUSING DEPARTMENT
GANGTOK
No.
186
Gangtok, 23rd December,1985
TRADE
LICENCE RULES
In
exercise of the powers conferred by section 8 of the Sikkim
(Repeal and Miscellaneous Provisions) (Act, 1985 the State
Government hereby makes the following rules for issue, control
and regulation of trade Licenses in the State of Sikkim.
1.
Short
title extent and commencement:
i)
These rules may be called the Sikkim Trade License and
Miscellaneous Provision Rules, 1985.
ii)
They shall apply to the whole of Sikkim.
iii)
They shall come into force at once.
Part –I
2.
Definitions:-
In
these rules unless there is anything repugnant in the subject
or context:-
(a)
“Act” means the
Sikkim (Repeal and Miscellaneous Provision) Act, 1985.
(b)
“Building” includes a house, out house, lodging
house, stable, privy, urinal, shed, hut, wall (other than a
boundary wall, not exceeding 3.05 metres in height), verandah,
balcony, chajja, sunshed, stair case and any other such
structure, whether of masonary, bricks, wood, mud, metal or
any other material, whatsoever but does not include temporary
shed erected on religious or ceremonial or festive occasions;
(c)
“dangerous disease” means –
i)
cholera, plague, small-pox , cerebro,-spinal meningitis
and diptheria and,
ii)
any other disease which the State Government may, by
notification, declare to be a dangerous disease for all or any
of the purposes of this Act;
(d)
“Drug” means any substance used as medicine or in
the composition or preparation of medicines, whether for
internal or external use but does not include a drug within
the meaning of clause (b) of section 3 of the Drugs and
Cosmetics Act, 1940;
(e) “Food” includes every
article used for food or drink by man other than drug or water
and any article which ordinarily enters into or is used in the
composition or preparation of human food, and also includes
confectionary, flavouring and colouring matters and spices and
condiments;
(f)
“Living things” means any animal, bird or fish;
(g)
“Lodging house” means a house in which tourists or
other persons are harboured or lodged for hire or reward for a
single night or for some other short period and where there is
ordinarily a community eating or sleeping accommodation;
(h)
“market” includes a slaughter house or any place
where persons assemble for the sale and purchase of any living
thing, food or any article of foods;
(i)
‘notification” means a notification published in
the Official Gazette;
(j)
“premises” includes lands, buildings, vehicles,
tents, vans, structure of any kind, stream, lakes, drains,
ditches or places open, covered or enclosed, whether built on
or not and whether public or private, and whether natural or
artificial and whether maintained or not under statutory
authority;
(k)
“Secretary” means the Secretary to the Government
of Sikkim in the Local Self and Housing Department.
(l)
“Grocery” means food grains, spices and other
edible items for consumption.
(m)
“Manihari” means all other house hold goods
excluding grocery.
Part-II
3.
Requirement
of a trade License:-
No
person shall manufacture, store, sell, exhibit for sale, use
or permits to be used any place for the purpose of trade of
any goods or commodity as enumerated in Schedule I or Schedule
II as the case may be, except under a License issued under
these rule.
4.
Authority
to issue a License:-
**
The authority to issue licences in forms II and III, as
the case may be, shall be the Secretary or any other officer
of the Local Self Government and Housing Department authorised
by him in this behalf.
5. (a)
Every person
who desires
a license
under these
rules shall
make an
application in Form No.1to be obtained from the Local Self
Government and Housing Department on production of Bank
Receipt of Rs. 5/- deposited under Head ‘045’ or any other
Head which may be assigned for this purpose from time to time;
(b)
Every person making an application for a license shall
submit 4 passport size photographs alongwith the application
Form;
(c)
Every person applying for license shall comply with the
provisions of these rules and shall also abide by the
conditions stated in Form
Nos.I and II or III as the case may be;
(d)
Outside the Bazar area, license may be issued giving
preference to local inhabitants.
EXPLANATION :- for the purpose of this
Rule, inhabitants means inhabitants settled in the locality
prior to 1961.
Rule “5(e)
The Licensee shall not engage any other person except
the members of his family to run his shop or business outside
the bazaars area”.
*Amendment
by Notification No.37/139/LSG/38 dated 28/8/88.
Rule “5(e)
No person shall be issued License under these rules, if
the application for a licence is for
manufacturing, storage, or sale of any article of food,
unless the person first obtains necessary licence from the
licensing authority appointed under the Sikkim Prevention of
Food Adultration Rules, 1991.”
*Amended by Notification No. 37/139/UD&HD,265 dated
3/11/1993.
NOTE :
1.
Both these
rules were
incorporated
but were
given identical
numbers
by mistake.
2.
The first rule was added vide approval at NSP 20 of
file No. 37/139/LSG/1985, and issued vide CP-113.
3.
The second rule was added vide approval at NSP 41 of
file No. 37/139/LSG/1985 , and issued vide CP-152.
6.
Inspection of Premises before issue of licence :-
In case the
application for a license is for manufacture, storage
or sale of any one of the articles of food, the authority
having power to grant such a license shall inspect the
premises and satisfy himself that the premises is free from
sanitary defects.
Rule “6(2)
In case the application for a License is for Nursing
Home, Medical and Dental Clinics,
Pathology Laboratory and other investigation
Laboratory, inspection of the premises shall first be carried
out by the Licensing Authority.
Drugs Cell, Health Department to certify that the
premises fulfill the minimum standard required”.
*Amended by Notification No. 37(139)UD&HD/265 dated
03/11/93.
7.
Issue of trade licence:-
(i)
On receipt of an application and subject to the
provision of these rules:-
(a)
a license may be issued in Form II in respect of items
enumerated in Schedule I.
(b)
a Hawker license may be issued in Form III in respect
of items enumerated in Schedule II,
(ii)
A copy of the licence may be supplied to the District
Collector having jurisdiction over the place where the
licencee carries on his business.
Rule”7
(i)
Provided that licence obtained under this rule in so
far as it relates to prepared food articles, unprepared food
articles and eatables shall be subject to a license the vendor
obtains from the Health Department under the Sikkim Prevention
of Food Adulteration Act, 1991”.
*Amended by Notification No. 37/139/UD&HD dated
16/12/1991.
ii) A copy of the license may be supplied to the District Collector
having jurisdiction over the place where the licensee carries
on his business.
(iii) Prior to issue of trade license in respect of Nursing Home, Medical
& Dental Clinic, Pathology Laboratory, X-ray Laboratory,
and allied Laboratories. No Objection Certificate shall be
obtained from the Licensing Authority, Drug Cell of the Health
Department.
(iv) The application for trade License should be accompanied by the
following documents:
(a)
No Objection Certificate from the house owner where the
business is intended to be run ;
(b)
Occupancy Certificate of the building/house where the
trade is intended to be run;
(c)
Residential Status Certificate.
(d)
Recommendation of the Member of Legislative Assembly of
the constituency where the business is intended to be run”.
*Amended by Notification No. 37/139/UD&HD/265 dated
3/11/1993.
8.
Conditions for running a Hawker business:-
i)
*A Hawker license shall not be issued for more than
three Bazars :-
Provided,
however, separate license fee shall be payable in respect of
each bazar.
ii)
Issue of Hawker licence will be subject to the
availability of space in that particular bazar.
iii)
A licencee shall confine his trade within the specified
market yard.
iv)
A licencee shall not occupy more than the area
earmarked by the Department for exposing his goods for sale.
v)
A licencee shall not raise any structure for exposing
his goods for sale.
9.
Validity of license:-
A
trade license or hawker
license issued under these rules unless suspended or cancelled
earlier shall be in force only till the end of the financial
year during which it is issued.
10.
License fee:-
The
annual fee in respect of a trade license or Hawker license for
trade in the items enumerated in Schedule I and Schedule II
shall be such as specified against each item enumerated in the
respective Schedule subject to a maximum of Rs. 1,000/-
cumulatively for trade in two or more items;
Provided
that such fee is subject to revision by the State Government
from time to time.
11.
Renewal of license :-
An
application for renewal of a license shall be made before the
expiry of validity of license and the procedure for renewal is
the same as detailed for granting a license.
The license shall be deemed to be in force during the
pendency of the
disposal of the renewal application.
“Provided
that any application for renewal of a license submitted after
the period prescribed in this rule shall be accompanied by a
late fee of Rs.1/-for every day of delay.”
12.
Cancellation of license:-
A
license issued under the provision of these rules shall be
cancelled-
(a)
if the licencee fails to abide by the conditions laid
down in the license;
(b)
if the premises of the shop has been shifted without
approval of the State Government;
(c)
if the fire fighting equipments are not available in
the shop;
(d)
if the container for disposing garbages and refuses is
not available within the premises;
(e)
if any animal is kept in the shop premises or within
the bazar area without abiding by the general instruction
issued by the Government from time to time;
(f)
if the licencee carries on or permits to be carried on,
any other trade in the licensed premises, except the trade
mentioned in the license;
(g)
if it becomes evident that the running of the trade has
created a public nuisance and polluted the vicinity;
(h)
if it becomes evident that the information submitted in
Form I is a misrepresentation of fact or mistake;
(i)
if the licensee fails to display a notice board
containing the nature of articles which he is exposing or
offering for sale in accordance with the instructions issued
by the Government from time to time ;
Provided that no
order of cancellation shall be made unless the licensee has
been given opportunity of making representation;
j)
if it is found that the trade license has been sublet;
k)
if it is found that licensee is carrying on his
business in an unapproved building.
12(1)
If it is found that licencee is not carrying on
trade/operation or keeping articles of food, in accordance
with the Central Rules or the State Rules framed in exercise
of the powers conferred by the Prevention of Food Adulteration
Act 1954 (Central Act 37 of 1954)
*Amended by Notification NO. 37(139)UD&HD/265 dated
3/11/1993.
Part-IV
13.
Duplicate license:-
The
authority empowered to issue a license may, for sufficient
reasons, issue a duplicate license on payment of Rs. 25/- with
the word “Duplicate” appearing prominently therein.
14.
Restriction
in keeping bread-stuff, etc. otherwise than in a cover
recaptacles:-
No
meat, bread-stuff, cake, sweetmeat, confectionary or any other
articles of food intended or commonly used for human
consumption without further preparation by cooking shall be
sold, exposed, kept, hawked about or stored for sale unless
they be kept properly covered or otherwise guarded in a proper
manner so that they shall be protected from dust, dirt, and
flees.
15.
Power
to close shop or market in case of dangerous disease:--
The
Government may, for a specified time, with a view to
preventing the spread of any dangerous disease, order that any
market, hotel and lodging house in a market area shall be
closed, or forbid any person to attend any such market, to
lodge in such lodging or in such hotel.
16.
License
and control of mela and fairs :-
The
State Government or any person authorised by it may require
every person intending to establish a fair or a mela in any
market to apply for a license and such license may be granted
on payment of a fee as specified in Schedule I.
17.
Restriction
of sell of diseased animal or wholesome articles intended for
human consumption :-
No
person shall sell or expose for sale-
(a)
any living thing intended for food;
or
(b)
any other article of food or drug intended to be used
for human consumption, which is diseased, unsound, or unfit
for consumption.
18.
Power
to inspect places when food etc. intended for human
consumption is stored:-
(1)
The Secretary or any officer authorised by the
Secretary in this behalf, may-
(a)
at all reasonable time enter into and inspect any place
in which any living thing, food or any article of food or any
drug is deposited for the purpose of sale; or
(b)
inspect and examine any living thing, food or any other
article of food or any drug intended for human consumption
which is being hawked about for sale.
Part-VI
19.
Fine
:-
Whosoever
commits any offence by contraving or failing to comply with
any provision of the Act or of these rules or any direction
lawfully given to him or any requisition lawfully made upon
him under the provision of the Act or under these rules, shall
be punished with fine which may extend to Rs. 5,000/-.
20.
Appeal
:-
An
appeal against the order of the authority refusing to issue a
license, cancelling a license, revoking a license, refusing to
renew a license shall within a period of 30 days lie with the
Appellate Authority to be appointed by the State Government by
notification.
Provided
that an appeal filed after the expiry of the said period of 30
days may be entertained if the appellant satisfies that he was
prevented by sufficient cause from not filing the appeal in
time.
21.
Stay
of enforcement of order:-
Where
an appeal is preferred from an order of the authority issuing
a license, the appellate authority may stay the enforcement of
that order for such period and on such condition as he deemed
fit.
22.
Disposal
of appeal:-
Every
appeal shall be disposed of by the appellate authority as
expeditiously as possible.
23.
Finality
of orders:-
Every
order made by the appellate authority shall be final and shall
not be questioned in any court of law.
24.
Procedure
in appeal:-
An
appeal preferred under these rules shall be in writing, shall
set forth concisely the grounds of objection to the order
appealed against, and shall be accompanied by a copy of order.
25.
Time
and place for hearing appeal :-
On
receipt of the application for appeal the appellate officers
shall appoint time and place for hearing the appeal and shall
give notice thereof to the appellant and dispose of the appeal
as per these Rules.
Part-VII
Miscellaneous
26.
Disposal
of mad and stray dogs and animals:-
The State Government may, authorise any
person –
1)
to destroy or cause to be destroyed or confine, or
cause to be confined, for such period as the State Government
may direct, any dog suffering
from any loathsome disease or from rabbies,or bitten by
any dog or other animal suffering or suspected to be suffering
from rabbies.
2)
no damage shall be payable by the Government or by any
person authorised under this rule in respect of any dog or
stray animal confined, destroyed or otherwise disposed of
under this rule.
P.K.PRADHAN
SECRETARY TO THE GOVERNMENTOF SIKKIM
LOCAL SELF GOVERNMENT AND HOUSING DEPEARTMENT.
CONDITION OF LICENSE
1.
That you shall not contravene any of the provisions of
the Sikkim (Repeal and Miscellaneous Provision)Act, 1985.
2.
That you shall abide by all instructions given by the
Department from time to time;
3.
That you shall produce your license whenever required
to do so by any officer of the Department;
4.
That you shall deal only in commodities and at places
mentioned in the license.
5.
That you shall not close business without the approval
of Local Self Government & Housing Department whether
temporarily or permanently;
6.
That you shall not sell any adulterant as defined in
Prevention of Food Adulteration Act, 12954;
7.
That you shall not sublet the license to another
person;
8.
That you shall keep the premises neat and clean and
free from any sanitary defect;
9.
That you shall maintain an empty tin for the disposal
of dirt and waste products;
10.
That you shall not display your goods[commodities on
public thoroughfares;
11.
That you shall pay tax as assessed in the Bazar
Contract License Agreement.
12.
That you shall allow any officer of the Local Self
Government and Housing Department authorised by the authority
empowered to issue license enter into any premises, where
manufacture and/or sake if commodities is carried on.
13.
If the license, contravens any of the above terms and
conditions, then without prejudice to any other action that
may be taken against him, his license will be suspended or
cancelled and he will be liable to a penalty not exceeding Rs.
1000/-
LICENSING
AUTHORITY
LOCAL SELF
GOVERNMENT AND HOUSING DEPARTMENT
GOVERNMENT OF SIKKIM.
SCHEDULE
I
*RATE OF LICENSE FEES
Sl.
Items Rate
of License Fee
1.
Dealing in Oranges (wholesale)
240
2.
Retail dealing in textile cloth 100
3. Wholesale dealing in textile cloth
300
4.
Wholesale dealing in grocery 150
5.
Retail dealing in grocery
100
6.
Wholesale dealing in manihari 150
7.
Retail dealing in manihari 100
8. Dealing
in hardware/paint/Alcathene Polythene pipe 200
9.
Dealing
in stationary and books
100
10.
Dealing
in readymade dresses 100
11.
Pan
( Betal )
150
12.
Dealing
in motor parts/tyre/tube and battery
300
13.
Dealing
Electrical goods
300
14.
Dealing in Swing /Knitting machine 100
15.
Watch & Clock repairing
100
16.
Sale of Radio (including record/cassettes player)with
cassettes & records.
200
17.
Sale of Watch & Clock
200
18.
Radio Repairing
100
19.
Sale of petrol/kerosene/diesel/gear
oil/grease/lubricants
350
20.
Business in photographic studio/sale of photographic
goods 150
21.
Ice Cream & cold drinks
100
22.
Sale of sports goods & toys
100
23.
Sale of motor cars, jeeps & trucks
1000
24.
Shoe stores
200
25.
Furniture business of all sorts 200
26.
Running of a business of fertilizers/pesticides/seeds
&
agricultural implements
500
27.
Running of a business of opticals
200
28.
Sale of Scientific instruments 200
29.
Motor bike, scooter, cycle
500
30.
Sale of Plastic goods 100
31.
Tea leaf and dust
150
32.
Sanitary fitting
200
33.
Sale of Forest Products (coal/firewood)
500
34.
Leather goods 100
35.
Dying (Clothes)
100
36.
Liquor (both Sikkim & Indian made) 200
37.
Sale & repair of type/writer,duplicating machine
100
38.
Book binding, fire,rubber stamps etc. 100
39.
Film distribution
1000
40.
Television, VCR(Sale/Repair/Renting) 400
41.
Provision goods/tinned food/dalmut’toffees\logenzes
150
42.
Hotel and Restaurant
250
43.
Bakery bread/biscuits & cake/sale 100
44.
Tea and Sweet meat shop 100
45.
Vegetable & Fruits 100
46.
Photostat’copying machine 100
47.
Sale of constructional equipments & materials 300
48.
Medical pharmacutial 100
49.
Carpet/mattress etc. 100
50.
Sale of meat/fish/eggs 100
51.
Motor workshop
1000
52.
Gold and Silver &other metals
500
53.
Dry Cleaner 200
54.
Loundry
20
55.
Tailoring shop
200
56.
Godown/storage 10
per 100 sq.ft.p.a.
57.
Saloons
100
58.
Transport Company 500
59.
Empty
bottles and empty bags(sack) including gunny
Bags & scraps 200
60.
Crackers (Pataka)
50
61.
Printing Press
200
62.
Grinding
machine/husking machine/oil extracting
Devices etc. 200
63.
Cut flowers/potted flowers
50
64.
Sale of wood carving works/curios/handicrafts/
Weaving/bamboo works
50
65.
Fair and Mela 500
66.
Sale of living things such as fowls/cattle etc. 200
67.
Commission agents
200
68.
All other repairing shops other than those mentioned
above 200
69.
Light and sound hiring system
25
70
Any other trade or business 100
71.
Nursing Home 1000
72.
X-ray 1000
73.
Medical Practice 1000
74.
Pathology and similar items 1000
Any case of shops in villages, the license fee on the
above items shall be half of the above rate subject ti maximum
if Rs. 500/- in two or more items.
SCHEDULE-II
(see rule 3)
RATE FOR RUNNING A HAWKER BUSINESS
Sl.
Items Rate
of License Fee
1.
Cloth
100
2.
Readymade cloth and army disposal 100
3.
Grocery 100
4.
Manihari 100
5.
Hardware (Tools, implements)
100
6.
Shoes
100
7.
Books
100
8.
Gold and Silver ornaments 100
9.
Bakery and sweets 100
10.
Betal (Pan)
25
11.
Ice-cream, sweetmeat & tea 100
12.
Fruits (vegetables)
50
13.
Cock, Hen, Fowl & egg
100
14.
Umbrella (including repairs)
50
15.
Plastic goods 100
16.
Knitting wool (hosiery)
100
17.
Earthern
goods, spices & seeds
100
18.
Palmistry
50
19.
Embroidery
goods
200
20.
Handloom
bags/carpets etc.
100
21.
Tarika cup business and bags, potteries 100
22.
Toys 100
23.
Quilt making
100
24.
Stationeries including pen, comb 100
25.
Opticals 100
26.
Any other trade or business 50
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