SIKKIM: Get ready to bare your tenants and employees this September Sikkim Tenants and Domestic and Professional Helps (Compulsory Verification) Act 2008
GANGTOK:14.6.2009 The provisions and rules under ‘Sikkim Tenants and Domestic and Professional Helps (Compulsory Verification) Act 2008’ will come to force from September 1 this year.
The Act arms the State government to seek compulsory reporting and verification of antecedents of tenants, domestic and professional helps working in the State from the house owners and employers.
The State government had earlier in February notified the ‘Sikkim Tenants and Domestics and Professional Helps (Compulsory Verification) Act’ after the Bill passed by the State Assembly in December 23, 2008 received the Governor’s assent on December 31, 2008.
The Act which will come to force from September 1 this year requires all house owners having tenants and all employers of domestic or professional helps in the State to report such tenancy or employment with requisite details of the tenant and help for their compulsory verification to the nearest police station in-charge. The report has to be filed within one month of the Act coming to force ie by October, 2009 and defaulters are liable to pay a penalty of Rs. 5,000 on conviction before the component magistrate.
Nominal fees will be charged for the verification.
The Act and its scheduled implementation follow the determination of State government to crack down upon dubious elements entering Sikkim in guise of domestic or professional help.
It may be recalled that the Chief Minster Pawan Chamling had tabled the Bill in the State Assembly on December 22, 2008 that mandates compulsory verification of the antecedents of tenants, domestic and professional helps in the State.
“The State Government has deemed it expedient to enact a legislation to provide for compulsory reporting and verification of antecedents of tenants and domestic and professional helps in the State of Sikkim”, stated the Chief Minister while tabling the Bill, The Sikkim Tenants and Domestic and Professional Helps (Compulsory Verification) Bill 2008.
It may be added here the Bill was preceded by a commitment from the Chief Minister during a national meet of UPA government at New Delhi following the Mumbai terror attacks.
‘Domestic or professional help’ in the Bill has been defined as any person not being a regular employee of the Central or State government or PSUs, employed in any household or establishment in the State.
As per the notification, it is the responsibility of the house owner who has tenants or the employer of domestic or professional help to inform the police station in his area for verification of the antecedents of such tenants, domestic or professional help along with documents as may be prescribed.
A regular database of all the tenants, professional and domestic helps will be maintained by the concerned police stations.
No verification may be necessary if the persons falling in above definitions submit that they are Sikkim Subject holders or a voter and other documents certifying that they are Sikkimese.
Government officials believe that with this Act, the State government is now empowered to flush out dubious elements working in the peaceful State as domestic or professional helps. There have been cases when history sheeters have posed as domestic or professional help to take refuge in Sikkim, said the officials. And some times, such persons with criminal background have committed crimes here which could have been prevented if their antecedents were known beforehand, they said.
Social scientists and data crunchers have also a reason to cheer with this Act. This Act will provide them data and figures as to what kind of domestic and professional helps are working in Sikkim and where the locals stand in private sector
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