LIST OF RULES AND REGULATIONS FRAMED BY THE LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT

Listed below are the Rules and Regulations framed by the Law and Parliamentary Affairs Department, Government of Sikkim under the relevant provisions provided by their respective Acts:


1.The Sikkim Ministers, Speaker, Deputy Speaker and Members of the Sikkim Legislative Assembly (Travelling Allowance) Rules, 1977.
•    The Sikkim Ministers, Speaker, Deputy Speaker and Members of the Sikkim Legislative Assembly (Travelling Allowance) Amendment Rules,  2008.

2. The Sikkim Legislative Assembly Members (Residential Accommodation) Rules, 1981.
•     Sikkim Legislative Assembly Members (Residential Accommodation) Amendment Rules, 2017.

3. The Sikkim Legislative Assembly Members (Payment of Pension) Rules, 1984.
•    The Sikkim Legislative Assembly Members (Payment of Pension) Amendment Rules, 2002.

4. The Sikkim State Legal Services Authority Rules, 1995.
•     The Sikkim State Legal Services Authority (Amendment) Rules, 2010.
•     The Sikkim State Legal Services Authority (Amendment) Rules, 2012.

5. The Law Officers (Terms and Conditions) Rules, 1995.
•    The Law Officers (Terms and Conditions) Amendment Rules, 1998.
•    The Law Officers (Terms and Conditions) Amendment Rules, 2001.
•    The Law Officers (Terms and Conditions) Amendment Rules, 2004.
•    The Law Officers (Terms and Conditions) Amendment Rules, 2010.
•    The Law Officers (Terms and Conditions) Amendment Rules, 2017.
•    The Law Officers (Terms and Conditions) Amendment Rules, 2019.

6. The Conduct of the Government Litigation Rules, 2000.

7. The Sikkim Winding Up of Companies Regulation, 2011.

8. The Sikkim Lokayukta Rules, 2014.
•    The Sikkim Lokayukta (Amendment) Rules, 2016.

9. The Sikkim Lokayukta Regulation, 2016.

10. The Sikkim Lokayukta Employees Conditions of Service Rules, 2017.
•     The Sikkim Lokayukta Employees Conditions of Service (Amendment) Rules, 2018.


a. In order to effectively deal with the litigations involving the State Government, Advocate General, Additional Advocate General-cum-Public Prosecutor, High Court, Government Advocate-cum-Additional Public Prosecutor, High Court and two Assistant Government Advocates-cum-Assistant Public Prosecutors have been engaged for conducting cases in the High Court of Sikkim during the relevant period from 1994 to 2016. Besides for dealing with cases in the Supreme Court and High Court at Delhi, Standing Counsel has been engaged.

b. For conducting cases in the District Courts at Gangtok and Namchi, Offices of the Sr. Government Advocates-cum-Public Persecutors, Additional Public Prosecutors, Assistant Government Advocates cum Assistant Public Prosecutors have been set up. Further, upon setting up of District and Session Court at Gyalshing and Mangan, Government Advocates-cum-Additional Public Prosecutors and Assistant Public Prosecutors have been appointed and engaged for conduct of the Government cases in these courts. Besides, with the setting up of Civil Judge-cum-Judicial Magistrate Courts at Soreng, West Sikkim and Chungthang, North Sikkim and in order to effectively deal with the Government cases in these Courts, Assistant Government Advocates and Assistant Public Prosecutors have been posted for these Courts. For cases dealing with sexual offences in the State, one lady Additional Public Prosecutor has been appointed for the Fast Track Courts.

c. For regulating the appointments and payment of fees etc. of Senior Government Advocates/Public Prosecutors, other Government Advocates-cum-Additional Public Prosecutors and for Assistant Government Advocates-cum-Assistant Public Prosecutors etc. the Law Department framed the Law Officers (Terms and Conditions) Rules, 1995. These rules were amended from time to time with a view to extend the facility of revision in the fees to the Government Advocates.

For regulating the Government cases in the various Courts, the Law Department framed the Sikkim Government Conduct of Litigations Rules, 2000. During the period, Public Prosecutors/Additional Public Prosecutors/Assistant Public Prosecutors were also sent for training at LNJN National Institute of Criminology and Forensic Science, New Delhi under the 13th Finance Commission Grant. Besides, training to the Public Prosecutors, Additional Public Prosecutors and Assistant Public Prosecutors were also imparted through the Sikkim Judicial Academy.

e. The registration of Companies and various organizations was transferred to law Department in the year 2000 and thereafter, the Law Department has also been looking after the registration of Companies and various organizations.

f. The Law Department has also another Section or wing called Law Commission where important and complicated questions of law and legislative matters are examined. This particular wing has been functioning under the Chairman. The Law Commission of Sikkim also examines various reports of Law Commission of India which are forwarded to the State Government for comments and the views of the State Government. During the period 1994 to 2016 the State Government also utilized the services of Chairman, law Commission for dealing with number of Inquiry Commissions constituted under the Commission of Inquiry Act, 1952 as notified by the Home Department, Government of Sikkim.

g. After the setting up of Parliamentary Affairs Department in 1997, total sessions/sittings of Sikkim Legislative Assembly held from time to time until 2016 is 61 sessions/sittings for transaction of urgent government business. Further, total prorogation of the Sikkim Legislative Assembly made from time to time so far is 40 numbers. During the period from 1998 to 2016 the Parliamentary Affairs Department introduced 18 bills and enacted them into the Acts after receipt of assent from the Governor of Sikkim. The Parliamentary Affairs Department is also ensuring timely prorogation and summoning of the State Legislative Assembly, issue of Circular for all the State Government Departments informing about procedure regarding submission of bills, laying of annual report, resolutions, publication of the Acts in the Gazette.

h. Law department is also holding Labor Court under Employees Compensation Act, 1923 which is presided over by Principal Secretary, Law Department. So far 64 cases have been disposed of till June, 2016. Further, Principal Secretary Law is also dealing with disciplinary proceedings as a State Inquiry Officers. Since these are judicial proceedings, the Law Department has to hold regular sittings of the Court for these proceedings, Principal Secretary, Law is also functioning as Commissioner for Disabled under the Persons with Disabilities (Equal Opportunities, Protections of Rights and Full Participation) Act, 1995.

i. The Office of the Chief Whip is also taken care by the Parliamentary Affairs Department by providing vehicle and staff to the Chief Whip and also meeting other officials’ requirement from time to time. The Office of Government Chief Whip was set up in 1995 with Shri K.B. Chamling, Hon’ble Member of Sikkim Legislative Assembly as the first Government Chief Whip.