State Employment Bill recast with Constitutional attributes
Posted by barunroy on June 11, 2008
Sikkim Legislative Assembly Photo by Sikkim Reporter
Gangtok: The Sikkim Promotion of Local Employment Bill No. 9 of 2008 was withdrawn and, in its place, a revised Sikkim Promotion of Local Employment Bill No. 18 of 2008 with Constitutional attributes was introduced by Chief Minster and Minister in-charge of Personnel and Administrative Reforms Department, Dr. Pawan Chamling in the State Assembly on June 9, first day of a two-day session.
As to the “object and reason” of the new employment bill, CM stated: “A rule similar in character with regard to service under government in the Sikkim Government Service (Establishment) rules, 1974, has been upheld by the Supreme Court as a good law in the case of S.P.Sharma-vs-State of Sikkim, reported in (1994) 4SCC 282. Sikkim being governed by Article 371 F of the Constitution, which is a special provision in respect of Sikkim reflecting the historical incidents of the past, it would be permissible to make such legislation giving preference to local people in matter of the employment in organization outside the government”.
“It would also be permissible”, CM said, “to enact such legislation in view of the nine judges’ constitution bench judgment of the Supreme Court in the case of Indra Sawhney & Others -Vs- Union of India & others reported in 1992 Supp (3) Supreme Court Case 217 permitting the governments to adopt policies of the kind which is being sought to be done in the present legislation.” The new Bill No.18 will be discussed in the House on June 10, second day of the session.
On the first day, 11 new bills were introduced in the House along with three amendment bills. The new bills are: The Sikkim District Based Entrepreneurs and Professionals Incentive, Development and Promotional Bill, The Vinayaka Missions Sikkim University Bill, The Sikkim (Constitution of special Eco-Task forest Guards) Bill, The Sikkim Levy of Road Protection Development and Maintenance Cess on Motor Vehicles Bill , The Sikkim Police Bill, The Sikkim Reservation of Seats in Private Educational Institution Bill, The Sikkim Regulation of Societies, Associations and Other Voluntary Organizations Bill, The Sikkim Land Tenancy Bill , The Sikkim Succession Bill, The Sikkim Online Gaming (Regulation)Bill and The Sikkim Promotion of Local Employment Bill.In Business Hour on the day, two resolutions were passed. One regarding “Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 to the State of Sikkim” and the other seeking adoption of the “Executive Report submitted by Prof. B.K.Roy Burman, Chairman, Commission for review of Social and Environmental Sector Policies, Plans and Programmer (CRESP)”. [Sikkim Reporter]
