The Sikkim Agriculture Land Ceiling and Reforms Act 1977

51 K KI M GOVERNMENT GAZETTE EXTRAORD,INARY PUBLISHED BY AUTHORITY .!.' No. 45 f':ttc.gtok, Saturday, June 30, 1979 ----.----'----~-- j,./\ WAND U::(;ISLATIVI' I)U';\J\TMINT NOTi'FICi\TION No. l4-jLL/7~ Dared C~,ngt()k, 1"11<'21)(1 June, 1<)78. or The following Act th(: Sikkim Lcgi:ilJtil'l' f\ss('mhl., h~ljllg rl'c,:jl(:'d dO(' asxcn t of the or President 011 the 2rst da:' M<1ITh, ")7fi. is Iwn~h· puhlished for g-ellt.'r,ll inlormatiou . SIKKII\\ ACT NO. 14 01· 'nf, , THI, SIKKl'l\·\ i\CRICULTURAL LANI) CEI'UNC ;\NI) Jl..ITO]UASACT, 1977 . (As am(ended hy Sikkim !\ct. Nu. 21 0:' i97X which rl'cein'd rh« assent of the Presideut on Octoher 1~, 197~ and p"blj,hn.l ill Sikkim Extraor-Iinar-v ';al.ctte "t' November 23, 1<)78) ;\N ACT 2 or,) to provide for the i1111'0si';')n n'iling on ,1:;'i('uil\II'~llands, for the \'esting of such L1nd, in execs, of th.- ceiling limit ,1n<l.for matters connected therewith, with a view to preventing the concentration of ~gricult!lral lands in the State of Sikkirn in the h<lnds of'a fcw persollS to the common detriment and with a view to hringing about cqu itahlc distrihution of agricultul'ill lands ill the Stare of Sikk im to suhs,'n,· the common good. WH.E.RLJ\S all bustiwallas in respect of ,1gricLll!ul'allands in Sikkim hold sLlch1.1ncisdircctlv Linder the State and there is 1\0 iutcrmecliatc or interpilsing 01' intervening interrsr or agency between the State and such busti walias {\nd 'vVHEREr\S it is expedient to provide for the imposition of a ceiling on or agl'icultmal lands held by the bustiwallas and other pel-sons in the State Sikkim, For the \'t~sting oj" such land in CXl'l'SS of the ceiling limit .111(1 for matters connected thercwith, with a view to preventing the concentration of agricultural lands in the h~nds oj" \'('\\ persons to the. cumrnou detriment and with a view to hringing about ,111equitable distrihution "f the agricultural lands in the State of Sikkim to subservc tilt' common (food.. c- l't i.,liercbv enacted in the Twenty-eighth Year of the l1.epublic of India hv the> !"gisI.1I:1Irc of Sikkim as follows:- CHAPTER PRELIMINARY Short: titlc, extent 1, (I ) This Act may he called lht' Sikkim Agricultural L,lIHI Ceiling ••nd olld COIlHlICIlCC/1JCnr. R"Forms Act, 1977. (1) It extends to the who le of Sikkim , el) It shall come into P'orce on such date as the State Government may, hy notihcation , appoint. D1711itil"/1S. 2, Inthis Act, unless the context otherwise requires,-- "aclhiadar" means a person who cultivates the land of a bustiwalla on condition of delivering to or loeceiving from the hustiwalla ,1 shan' of the produce of such land. (h) 'agricultural vcar ' means the Fas]i )'<~Jrbeing the period of twelve calcndnr months comrncriciny on and from the fIrst day ofFebruary of one English year and ending with the thirty-first day of January of the next Lnglish Year immediately following; (c) ',1gricultur,11 land'means land which is ordinarily used or which is or (:,l[>,.bl(' being used for purposes of <Igriculture or horticulture and includes such land, notwith,!~nding that it may be lying fallow For the time being but does not include ,my land used as homestead; (rl) 'Imstiwalla' means a person who holds agricultural I~n(ls directly under the State and holds it ordinarily for the purpose of cultivating it hy himself or hy members of his family or by servants or labourers or by adh iaclars or hy kutiaclars or by other cultivators. Bxplanation: 'Cllltiv~tOI-' mean, a person who cultivates the land ;;y ilnoth~;~-(;n-o;~ondition of payment of any consideration in cash or in kind OT in both or on condition of delivering or receiving a shan' or any fixed <luantit)' of the produce and includes a person who cui- ri\'ate~ the land of another person on any terms <IntI conditions ex- cept as a.paid se-rvant or hired labourer (e) 'ceiling limit' means the ceiling limit as determined in accordance with the provisions of' Section (;: \:.baritable purpose' includes relief of dw poor, medical relief or the advancement of education or any other object of general public utility; 'competent authority' means any pcrson or authority authorised by the State Covernment by notification to perform the functions of the competent authori ty under this Act for such area as may be SpCCif1Ccl in the notification and different persons or authorities Jllay he ;]\!thori"ed to perform different functions; 3 (h) ',[;\te of vesting' means the date mentioned ill the norification under sub-section (,) of section II ; (i) ["F~mil)''' in relation to <1p,~rsC)nmeans himself or hl'l'scll' and his wife or husband ;1S die case nny be (other than judicially Sl'I)<1ifilted wif., 01' husband.) , minor sons aud unrnarried daughters.] / (ii) References to wiie , son "I' t1<111ghtn 5h<1l1, in relation to J person who is i1 woman, he cons trued as nJerenCt's to the husballd, son or daughter, rcspcct ivclv, of such woman. (j) .homestead' means <1(hvelling house together with .1n~·court-yard, compound, out-house, place of wo rship , ral1lil~' grJ.vc vard , library, office, ouest house, tanks , wells, privies, latrines, drains .-nd houn- rlar:' ",:lls, annexed to or appertaining to such d\\ (',lIing house. (k) 'non.agricultural land ' means land other than agricuitur,,1 land or other than. .land comprised in a fort'st; (I) 'notification' means a notification published in the Ollil'iOlI ,;azette; (fn) 'notified arca ' means <1district 01' pM!' o!'<1distrlct or in am' other area or in respect which ;1 notihcat ion h..s heen dulv puhlished und •..r Sect.ion ~; (n) ,,Person" shall include ., mouasrorv or ot.her n'li giOllS, cducacionnl , charitable or other inst.itution , co-operative so~:il't.y, corporation, local authority, compaJlY n'gistt'n~d ur.der an:' [avv 1'01' the time being in force and all other concerns, institutions 01' aurhnrit ies holding agl'icultura.l lands before the notified (late. (0) 'religious purpose' means a purpose connectcd with n~ligiolis worship , or teaching or service or any performance r-eligious rites j or 'kut.iadar' rne-anxa person who cultivz.tes ;, land a bustiwalla on con- or dit.ion of delivering a fixed <JlIantit~, of produce the 1.11](1or any other fixed amount to the, busriwalla. Act /0 override Miler 3. (1) '1'11(' prOvisions of this Act shall hale d'l('C( not.withsrandinjj am'thing /0,...,: to the. contrary contained in am' ot.her lall' or any contract 0;' an)' usage or custom; (2) for the removal of doubts it is herehy declared rhar all bustiwallas and all persons holding agricultllral lands hold such lands directly under the State and that there is no intermediate or inter])osina or , b intervening agency or interest between till' State ,1I1d the bustiwalla or other persons holding agricultural lands and that all such bustiwallas and other persons are liable to pay revenue to the Government of' th", State of Sikkim for such lan(ls held I", them, ~'r Determinotior. 4· If dny question arises as to whether anv person is a bustiwalla or not, /'"sriwaJJa. such question shall be dercrrnined hy the competent authority ill such manner as ma), be prescribed, J. Substituted by section 2 of Sikkim Agricult,ural Land ceiling and Reforms (Amendment) Act No. 21 0(1978 4 CHAPTER 11 CHUNG ON AGRICULTUHAL LAN!) Persons not entitled <;, The State Government' may 1 [ * ~,*] hl' notification declare that to hold a8riw!tlIoror! with eflcct from the date mentioned in the notification (hcreinaftcr land ill excess in this Act refer-red to as the notified date) no person cci/il18 limit, shall be entitled to hold any agricultural land in excess of' the ceiling limit in the State of Sikkim and al! lands in excess of the ceiling limit sh.all vest in the State in accordance with and under the pro~isi()ns of this Act and the rules and notifications matte- thereunder. 2 [Explanation I, The State Government rnav notil'v different dates or fin different. i1IT,~~ the State, " Explanation 11 - Lend hdd bya hust iwalla ii,S {)WIlt'1',dong \Iith land cultivated by him in the capacity of an Adhiadar or a Kutiadar shall, For the purposes of this Act, he deemed to he hl~ld by h.im, ] (2)3[***] (3)4[':""*] 6, Thl' ceiling shall he - 5,[ (a) in the case of' person having no family or it ramiI;: consiseing of not more than five members, twelve and a half standard acres, and (b) in till' case of a person having a filmily consisting of' more than five members, rwelve and it half stan- dz.rd ,1Ci'l'S increased 11)' two standard acres for 'each member in excess of five, so however, that the ceiling area shall not ('xc('crl twenty and a half stan- dard acres. ' Fxplan,ltion - (i) h)r rhe I)urpose of this sub-scctlon , <111linds held bv a person in- dividuallv or jointly with other members of his famil)' sl.al] ht' deemed. to h" held I", him, (ii) Where any holding is held. by him, jointly with JIl)' pl'son or persons other than ,1 member of his [arnilv, the 'share of'each, person in the joint-hold.ing shall bl~deemed to he held bv him, , ' (2') h:l'r) ad,ult. son of a person shall be treated as <1sepa.ra.te, unit and his 511<11'(' in his i'atll<:r's h,ulding or in ancestral holdin" shall he al!g,'cgated alon« or witl: othcr 1.111<1.,r ~n), Iwld. hy him for the purposes rlct{T111iiling I~;sceiling limit'" Fxpldl1ct~i(11l1 - No person who has not completed the age 01' eighteen years on tlu- date "f till' 1)!ll'iFl(',)liol1nJcrre(1 to in suh-scctio n 1 of Section \-or on the date of 1'11[111'(' acquisitio no:'!alld under Section 16 shall be decl1wd to he an adult. 1·:,xpl~n.ltiol1 1T- Th,~ ex nrcssion "adult son" includes <111adult SOil, who is rkad anc] Ivs kf't slll"viving hehind'bim his widow, mi nor sons or daughters (other than J)1,}ITied d,1L1l~Il\(Ts) who either do rot. own any land or hold land less than twelve .1{1<1 a half Sldlldard. acres, (,j Notwithstanding anything in the i)I'Cceding sub-scctions , ~ l11o!1 •• ster), or other, religious institution sh,dl he entitled to hold. - (a) sixrvstanclar:l acres , il'it i:; listed ill Group f\ of Schedule 1, and or \:») i\\,';,~v-five standard acres, if it iis listed in Group B Schedule L (4-) The provisions of this Ac-t ~;h~1Inot apply to - (~) \..;'1(; used for growing tea to the extent notified hy the State Govern- lTl:('nl- ; (h) lar,d owned. bv the State Ccvcrnrncnt or the Union Government 01' all und{:rtakil1g or comp,l11Yowner] l» the State or the Union Go- verrrmcnt-or hy il local authority; (C) land held by <1co-operative society including ,,-co..opcrar ive Bank, the State B~i1k of India, <1subsicliar-,' of (h(: Stille 1),111k ollndia as rlefillt~d in the Srate Bank oF1nclia (Sub:;irliary H~nks) Act, T9.59, a corresponding new bank as defined in the Hanking Cornrnpani cs (Acqnisition 'and Transfer of Undertakings) Act , 1970, the Agricultural Eefinal1ce Corporation and the Agricultural Finance Corporation; ~-.-.-.---..-.-----.------.----- The 'words "from time to time" is deleted by sub..section (I) of (r) Section 3 of the Sikkim Agricultural Land ceilillV ,lncl Reforms (Amencln1e'1t) I\Ci: No, 2,T of~978, t» ~. Added by sub-section (1) of Section 3 of the Sikkim Agricultur2lLlOd ceiling and. Reforms (Anwndm,ent) Act No, 2r of ILnS, Dckt(~d 11;;svb-section (2) of Section j of the Sikkim f\gricultural Land Ceiling and Reforms (Amendment Act No, 21 of 1978, ('•.L~,.:,...•.•,~.":J 1.••,. <"'''''~l-:..''''' , "e' ...1..•..• c':1.1." .. 1\ _ ~ 1. I -r f 5 .. .1~~ciVj(kd t~i\fin ~hc,c~se (~i;a. eo-operative socit't~, 'no n~~'m[je;';sh,all',ht" ailt>,,:el td hof~~'3sh*~f)fthe!anHwhibh, together with his otlir-r land, {'~·f·eeds,rhi· i'elliiig 'lj:iplic~hli~ to him ~ir\H.\!i,·sdb-sedibn (I); and (d) .I~ndhera f•;.j·iHdu'striill' purpose» to the extent notified by the Stare c, Covernrnent ill ['ae!) c;is(:arid ((ii'rlic p('),:iod the Land continues to he used [or such purposes. Explanation - 1Use of the lalid fbi' ~ purpose other than that notified by the State Gov~rhment sliall He deemed 'to' be cessation of use 1'01' industrial purposes unless ,stich dillercnt us,,'is approved b), the ~ta.te Government . .', ' '. ',I Explanation Il - Use of land for cultivatibh df d'ops to be used for industrial PUi'P(iSd ~hall ndt en arnount to LIse fill' Industrial purposes. The "st<lnc[jj·d aCre" for differei1t areas for the State shall be. deter- rnifted in'tht~l.anner provided in Schedule II. ) Tranycr 1lahd. 7. No persoJ~ holding agricultui'ill,land in eXCt~SS of the ceilin.g limit immediately before the notified date shall transfer anv such land 01' pai·t thereof by way of sale, mortgage, gift, lease or othc, wise I [or cause anv alteration in the use of such land) until he has furnished a statement under Sect.ion g and a notification regarding the excess land held by him has been pliblished under sub-section (I) of Sec- tion ! 1 ; arid any such transfer 2 [or change in the use of land] in contravention of this provision shall be deemed to be null and void. or l'er.ions holding land ::;. () Every person holdiJig agricultural land in excess the ceiling lirnit ih e.•cess c:lc~iJillH on the notified date sha]! within such period as may be prescribed lile a state- [imit toJile stmement rncnr before the competent authority having jurisdiction specifying the lacation , .::xtent, or such other pilrt iculnrs as lllay be presoribed of all agricultlJral lands held by him and also specil')' the lands within the ccil)ng limit which he intends to retain. (2) If the compctentauthor ity is of'opinion that an)' person ho'ds on the notified date agricultural lands in excess of the ceiling limit, then notwith- standing anythiilg contained in sub-section (I), it may serve a notice upon such person requiring him to file, within such period ns may be specified in the notice, the statement referred to in sub-section (I). (l) The competent ;~uthority may, if it is satisfied thai it is necessar), so to do, extend the date f'or filil1g the istatement under this section by such further period. or periods as it may think fit. . (4-) The statement under this Section shall be filed bv such person and in such manner as may be prescribed. Preporauon of dt'?Jf 9. (J) 3 [ Pl1the basis of the statement filed by it person uncle r sub-section (I) of stiitenieM.( a,~ren<1rds Section ~ and in cases where a person faih to lile a.statement ins- /Qncis in exces,,' of pite of service of a notice under sub-section (1) of the said section. n:i/in,g limit. the Competent Authorltv may. after such inquiry as he ma.y consider necessary either by himself or by :lily person subor-dinate to him, cause to be prepared a draft statement in respect of that person. ) (1) Hvery such draft statement prepared under sub-section (J), sha 11 "ontain the foUo\oving partioulars, namelv i->- (i) the name and address of the person, (ii) the particulars of ali agricultural lands held by such per~on; (iii) the particulars ofagficulturallands which such person intends to retain 'Within the Ceiling limit; (iv) such other particulars as ri",-y b~~>rescribed. (1) The, draft statement shall be served in such manner as may be prescri- bed on the person concerned together with a notice stating that ilny objecnioh to the draft statement shall be preferred within thirt), days from the service thereof. (.4-) The competent authority shal] duly consider any objection received within the period specified in the notice referred to in sub-section (3) or within such further period or periods as may be extended by the competent authority for ariy good or sufficient reason, from the person on whom a copy of the draft statement has been served under that sub-section and the competent authority shall, after giving the objector a, reasonable opportunity of being heard, pass such orders as it deems fit. 1&2. Inserted by~eCtion S of the Sikkim Agricultural Land C;eiling and Reforms (Amendment) Act No. 21 of 1978. . Substituted by section 6 of Sikkitn Agricultural Land Ceiling and Reforms 3· •••• .•••••• (1. '" 6 Competent olttlwJ'ity· 1 ....The Competent .Authority shall, for the purpose of this to have powers cJ'a Chapter, have the powers of a Civil Court under the law [01' Civil COUft. the time being in force relating to Civil Procedure in respect of the following matters,' namely r-c- ",. (a) proof of facts by affidavits; (h) enforcing attendance of anypr,rson and his examination on oath; (c) production of documents; and (d) issue of commission. ] iinalstctcment, 10. After the disposal of'the objection, if any, received under sub-section (4-)of Section 9, 01' after the disposal of any appeal, if preferred under Section 11 2 (or section 14-,] the competent authority shall make the necessary alterations in the draft statements in accordance with the orders passed On the objection as aforesaid 01' in accordance 'with the orders, if any, passed under Section 3 ( 13 or Section 14-.]as the case. may he, and shall determine the land held by the person concerned in excess of the ceiling limit and also the land which such person shall he allowed to retain within the ceiling limit and shall prepare a final statement on the basis of the draft statements as so altered and cause acopy of thefinal statement asso prepared to be served in the manner referred to in sub-section (3) of Section 9 on the person concerned. ~r Ve.<tiuB lands in II. (I ) As soon as may be after the service of the final! statement under aces" ~/ ceilin,q limit. Section loon the person concerned the competent authority may by notification declare that all lands determined as in excess of the cei- ling limit under Section 10 shall with effect from such date as may be specified in the declaration, he deemed to have been -vested in the State and upon the publication of such declaration all such lands shall vest absolutely in the State free from all encumbrances with effect from the date so speci fied. .-4 (The encumbrances, ifany, on the excess land vested in the State in pursuance of sub- section (I) shall attach to the amount payable under sub-sectionf I) of Section 12.] (Il V;here any excess land is vested in the State under sub-section (I), the competent authority, may, by notice in writing. order any person who may be in possession of such land to surrender Or deliver posse- ssion thereof to the State Government or to any officcr duly authorised by the competent authority in this behalf, Within thirty days or the service of the notice. (-1-) [f any person refuses or fails to comply with an order made under sub-sectiont j), the competent authority may take possession of the excess land or cause it.to be given to t.he State Government or to' any " . persorrauthorised by the .State Government in this behalf'encl may I'm' that purpose l1se'suchforce as may he necessary. ' [(0 Without prejudice to the' provisions of sub-section (4), a person who does not surrender or deliver possession of the excess lane! within thirty days of the service of the notice referred to in sub-sec- tion (3) shall be liable to pay to the State Government for the period he continues in possession of such land such amount as may be deter- mined by the Competent Authority ill the prescribed manner and such amount shall be recoverable as an arrear of land revenue. ] !<.1)'l1Imt()lamotilli. rz.'. (I) Whereanv excess'land vests or is deemed to have been vested under .for acess land, ~ub-sectio;1 (I) of Section TJ the State Government shall pay to the person or persons holding such land immediately hefore the date of vesting an amount determined by the competent authority according to the follOWing principles ;-- 6 ( (i) forLhe first twenty ,.tandard acres, an amount being two hundred times the land revenue payable for such land; .1. Inserted hY,se~:tion 7,of tl)e Sikkirn Agricultural Land Ceiling and Re- [orms (Amendment) Act No ..2J of' 1978 . .& j. Inserted by section 8 of the Sikkim Agricultural Land Ceiling and Re- forms (Amendment) Act.No , 21 of 1978. 4,. Substituted by sub-section (I)of Section 9 or the Silckilll Agricultural Land. Ceiling and Reforms (Amendment) Act No.2 r of 1978. ,5. Aclded by sub-~e(y~n (2)of Section 9 of the Sikkim. Agricultural L ~.\ J\ •.•.•.. 'l\.1,~ ""... '"'~ ""'"--JI< \. \ ·7 "'",:' ';'(ii) ("for ·tne.next .thirty",standard acres, an amount being \ one-hundred timescthe land :revenue payable for such .l .:,.\~;.!j.'~; :"::{.: ..: .:' ....", . v",' .:land; '; .:' '. r, ....'(iii) .:for the next fifty' standard acres , an amount being fifty timesthe land revenue payable for such land; and (Iv), '" for the remaining land, an amount beingtwt;nty; 1, . five times the lan~ ,revenue payable for such land. .' (2) Before determinin.g the amount to be paid as aforesaid, every person interested .shall be given an .opportunity to state his case as to the .amount to be paid to him. . (~) Notwithstanding anythihg contained in the fOl'egoing prOVISIons, of if the State Government is opinion that as a result of imposition of ceiling limit on the lands, held by a monastery or other religious institution and vesting of the excess lands as a rsesult thereof it has l,hecome difficult for .such monastery or religious institution to carry on proper management and administration, the state Government, rnav in accordance with such rules as may be prescribed, pay. to such monastery 01'. religious institution, such annual sum not exceeding the average of the amounts .received by such monastery or religious institution from such .excess lands during the preceeding three years immediately before the date of vesting, Eonstitsuion C?Ihi- J3· If any persoll is aggrieved by an order of the competent authoritv bunal and appeals under Section 4 or sub-section (4) of Section 9 or Section 12, he may thereto, within thirty days from the date of the order prefer an appeal to the' Tribunal to be constituted by the-State Government. (2) Such Tribunal shall consist ofa sole member who shall be not below the rank of a Deputy Secretary to the State Government. The Tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented. by sufficient cause from filing the appeal in time. In deCiding appeals, the Tribunal shall exercise all the powers which a Civil Court. has and shall follow as far as possible, the same procedure which a Civil Court follows in deciding appeals again.~t decrees of an original court under the law relat;ing to Civil Procedure. Sewnd oppeal to 14. Jf any person is aggreived by any decision of the Tribunal constituted state Land Tribunal, under Section 13, he may within I [sixty days] from the date of thede- cision. prefer an appeal to the state Land Tribunal to be constituted by the State Government. (1) .Such Tribunal shall consist of a member who shall not be below the the rank of a District Judge or an Additional District Judge. (1) The State Land Tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (+) In deciding appeals under this Section, the State Land Tribunal shall exercise all the powers and shall follow the same procedure to be followed by the Tribunal under sub-section (4-) of Section 13 and may vary, alter, modify or set aside the order of such Tribunal or pass such other orders as it may deem fit. 1. Substituted by section 11, of the Sikkim Agricultural Land Ceiling :md Reforms (Amendment) Act No. 21 of 1978 for the words "Thirty" days. , .:1 ;", '.i;, ~':1'· . i'(il"'" s~vf ~5dtlMi',~li~rt·&dddd;:no Court or Tribunal t'xcept the Supreme, , :; CdUf+ ~*e-f'd~iiig;jlii-isdiction under Article '36 of the Constitutioll,e of India, shall h.tveany jurisdiction with respect to all or any of the '" ,ma~t:e~s:;f~~ling within th~,\ jurlsdiction of the Trlbunal or the, State LaJl~lTnb~l\1aL " , ' ,ild~~ d/,P6}i;ieiit df i r' T.h~ sfah; ,G6v~hi;h~nt ~i1iiilwithin a period of tell months From the (1hlOit;i~, ' , elite: of tH~ oHler' df the competent authority determining the amount to be paid under Section ,12, or in a case where an appeal has betin pl:e,fei'rcej <iga:lfistsu'cB Ciraer i.thdC'rSection 1.3, or under Section '4, , i' '''irhin ~petidd6r ten nToir;th~from the date of the final appellate order, pay tH€: 'ihlotintClderm'tn'ed under Section 12 or under Section 13 or, under Section ,14. as the case may be, to the person 'or ~&soris,eiititl,~d.,~Hefaoih r&h~qllal iristalments and such amount shall cartyiriterest at the fate 'df five percent per annum from the date or the' order' l;nd~r stSdiott f:2 until final payment. I'[Prcivided d{;it wh.~te the .imouht payable to a person does not d~teeCl.the rupees sUni'<)f or;~ thousand, the entire amount shall he i;aicl irt ~'h.iHit> sutri.] (:~j hils Iiiilit ~/ 1(\. (() If on or after tile comrrienecrnent of this Act or on or after the noti- }utureacqi/Wtilhl fied date or dh.or ;tftei- the date ~t'vesting under Section I', any pe,'- ,~(land: ;oh,. ~G~Ui~e~,by ~rai1~~ih~h.9~i,~~ilC~, or otherwise any agr~cultllral land the extent of Willen togetHer with the extent of the agncultural land held by him exceeds in aggregate the ceiling limit, then he, shall within three months of the date of such acquisition, file a state- rhe'llt befOre tKeconlp~teilt <ilr,tliority having jurisdiction' spedfxi~g and tI~eexteni:, location Juch other particulars as may h't!,prdcrrBM of aII t~e agr,icultltral la,nc\sheld by him and also specifying the ag'h" cultural lands within the ceiling limits which he intends to retain, " The provisionsof Section 8.to, J.~ (both inclusive) shall. so far as may be, apply to the statement filed under this section and to the land held by such, person in excess of the ceiling Hmit , . ". ". ~••r"fjurisdiction, ii: Save as otherwise provided ill this Act, no Civil Court shall have jurisdiction to decide or dcaI,with any quest.ion or to determine any matter ~hich is hy or under this Actor any rules made there under ,required fo be idecicled or dealt with or to be determined by the ". ,!.;. competent authority or any other autho ritv and no orders passed or proceedings cornrnenced . uncleI' the provisions of this Chapter shall be called in question in any Civil Court. Where any the (tI[i;~~itjOIl'bj' i~,(1) lalld vested in State under Section' II"is Heli'gc.i:'dti. ~;tl1t;rati>;',~," ~~tedbv ~ c'ulth'Ai:or,' the right of cultivation of such cliltiv~tor in relation'l'b 'an); sudi vested'larid which including any other land held or cultivated by him is in excess .of three standard acres shall on and Irani th<~(ht~of \'cstingstanchi terminated. ,(1.')" Every cultivator shall in relation to the land which he is authorised hy to sub-section (I) retain under his cultivation become on an from ·i."·· the date, of, yesting a,h'ust.i,~'alla i'nrespect of such land, ' ';':':r" If such cultivator is also, a bU$t,iwall,),in 1't'Sp"ct of any othcr land '. il,_ irnmcdiatelv before the date of vesting in excess of three standard .';' acres he shall not be:entitled to Tetain under his cultivation anv land. or under sub-section (I) and his right cultivation in respect >01' all excess lands, a~,referred to in.sub-section (.I) shall stand terminated. '.. ;., Added bysection Ii ofthe Sikklni Agl-icu!tul'al Land ceiling and Re- ,J. forms (Arriendiiieilt) Act No. JI of r'78. 9 Stare GOl'crnlnenr to 2 [J 8A. The State Government shall be party to all proceedings under the be party to all pro- provisions of this Chapter. cceJil1[/.i. Pcnalt ies. Who ever contravenes any order passed unrle r this c.hapte r 01" obs- tructs any person from taking possession of any land under St'<.:l.iOI'l ,, or Fails to furnish the statement required under Section 1(jor makes or submits a statement or furnishes any information which is false or which he has reasons to believe to Iw false, shall he punishahle with fint: which may extend to one thousand rllpet~s. or fl"ecovcrJ arrears 4 [1RC. All arrears of land revenue and other Government (lues in respect of c:/1olld revenue and other any holding or holdings, part or I,arts whereof has 01" have been Government dues, acquired under this Chapter may. without prejudice to i1l1y other mode of J"ecover)'. be recovered by deducting the outstanding Jmount rrom the amount payable under Section. ,2. Becovery of excess 5[18D. Where 011account of an arithmetical error J pl'r~on has been paid amOl/nt paid. <lnyamount in excess of what he is entitled to under Section 12, the State Government shall be compctent to recover the excess amount as an arrear of land revenue; Provided that no order for rccoverv of any such i11l1.0Ul)tshall. be made without giving the person all OI)Po"rtunitv of bein» hei1l:d bv the •..... b ,i b Competent Authority. Added by Ssection 13 of the Sikkim Ag,"icultun'" Land Ceiling and Reforms (Amendment) Act No. 21 or 1971:1. 10 CHAPTER III rH.EPARATION OF R[CCORD - OF - RIGHl'S. 'rcpat;atiotl '?f (I) The State Government may, for the purpose of carrving out the r~cMd-of-l'i!1h<, purposes oftJiis'Act,n'iake an order directing'that a rec(;rd'-- of- rights he prepared in respect of all agricultural lands in the State of Sikkim oj· 1'61' such' area as Illay he spec ificd in the notihcation. (2) The State GOH!rnment m.1Y hy order declare that the record-of right.s.iF any already In the process of preparation or already Ill~de or' pn'I'klre:jimm.ediatley hefor\' the commencemen't of this Act shall be deemed to be the record-oF-rights prepared and published under this section and m;l:'. if necessary, order such rccor d- of-rights to he revised, (3) The preparation of record-oF-rights under sub-section (I) or the of revision record - of -tights under sub-section (2) shall be made hy such officer appointed by the State Government referred ~o as the Revenue Officer in this Act, in accordance with such' rules <is may be prescribed and shall contain such particulars as may he pres- crihed , . Drc:.ftand Jim,/ 20. (I) When a.record-of-rijjhts has been revised ()I' prepared the. Revenue plibJicatiol1 ~f th{j Officer shall publish a draft of the record so revised or prepared in the -rec{,r(}-if-l\qbt-< : prescribed manner and for the prescribed period and shall receive anc] consider any objection whichrnav be made during such period to any entry therein or t.o any omission therefrom. " , (2) When all such objections have been considered and disposed of .1ccor<Hng t.o such rules as may be prescribed 'in this hehalf, the Re- venue 0111ce1' shall finally prepare the record and. cause such record to be finally published in the prescr-ibed manner and make a certifi- cate stating the fact of such final publication and the date thereof and shall date and suhscr ilx- the same under his name and official de- signation. Separatc publication of diFferent parts of draft 01' final records may be made under sub-section (I) or sub-section (2) for different loca'[ areas. (+) An Officers speciallv empowered by the State Government may, on application within one year or of his own motion within such period as may be prescribed from the date of final publication of the record- nf l"ights under sub-section (2), revise an entry in the record finally publ isheclundel' the provisions of sub-section (2) aft cr giving the persons interested an opportunity of ht~ing heard and a!'tcl' recording reasons therefor. C~) Any person aggrieved byan order passe<l under sub-section (.n may. within such period as may be prescribed, appeal in the prescribed manner to the Tribunal constituted under Section 1\, (6) The certificate of final puhlication referred to in. sub-section (1), or in the ahsence. of such cer-tificatc , ,1 certificate sigJ1ed hy the He- V<~I1lI(~Officer of the area \VCI"e the lands to which the J"eco;'c1-oF-right~ relates is whollv or partly situate, stating that a rccorcl-of-riohts has 0; been finally puLlishcd it specified ([at'e, shall h<.~c()ndllsi\~~ prooF of such puhlic~tioll and of the date thereof. (7) The State Government may, by notification, ckclare with regard to any area specified in the notlfication that the record-of-rights for such area has been finally pub]ished and such notification shall be conclusive proof of such publicat.ion. (11) In any suit or other proceeding in 'which a record-of-rights prepared and finally published under this Chapter, or ;) duly certified copy of the record or an extract therefro rn, is produced, such record-of- rights shall be presumed to have heen hnally published. (9) Every entry in the record-of-rights finally published under sub-section (2) including an entry revised under sub-section (4-) subject to any 11 l1\()dific.itioo by an order on appeal under sub-section (5").or correc- ted under Section 11 slial!he presumed to he correct .. 1(**~'*] Bar '!/jtrrisdictioll 22. (I) When an order has been made under Section 19 directing reVISH,lI1 ~I civi] court in res- or preparation ofa record-of-rights , no civil Court shall entertain p.ect ?! certain mat- any suit or application' for the' determination 01' the revenue or the ters. incidents of ani land or the status of any person in relation to any land to which the record-of-rights relates, and if any suit or applica- tion in which any of the aforesaid matters is in issue, is pending before a Civil Co~rt on the date of such order, it shall be stayed and .it shall on, the expiry of the period prescribed for an appeal under- sub-section (5")of Section 20 or when such an appeal has been filed under that sub-scction , on the disposal of such appeal, abate so far as it relates to a.n} of the aforesaid matters. Explanation ; In this Section 'suit' includes an appeal. (2) No Civil Court shall entertain <lnysuit or application concerning any land if it relates to anyalteration of' any entry in the rccord-of-rlphrs fimilly published, revised. corrected or modified under any of the provisions of this Chapter. I. Section 21 is omitted hv section r4- of the Sikkim Agricultural Land Ceiling Land RdclrITIS (Amendment) Act No. 21 of 1978. CHAPtl':R IV mSTRlBUTrON OF VESTED LANDS ~f i'rincipJes dis- 23· Subject to the provisions of this Act and the rules made the-reunder , tribution eflands, the settlement of' lands which vest in the State tinder Section 1I shall be made, on such terms and conditions and in such manner as may be prescribed, with persons who reside near the locality where the land is situated and who intend to bring the land under personal cul- tivation and who owns no land or less than. three standard acres of land, preference being given to those among such persons who form themselves Into a co-operative farming society, Provided that settlement of all)' such lands may he made with other persons when>.such settlement is in the opinion of the State Govern- ment necessary for the public purpose connected with agricultural or otherwise on such terms and conditions as the State Government may think fit, (2) Subject to the provmons of sub-section (J), all lands vested. in the State under this Act, shall be disposed of or otherwise dea.ltwith to subserve the common good on such terms and conditions as the State Government may deem fit. (3) Notwithstanding anything contained in sub-section (J) and (2), where the State Government is satisfied that it is necessary to retain or reserve any such land vested under this Act for the purpose of the State Government or any other public purpose, it shall be competent for the State Government to reta in or reserve such land for the same, 1.3 CHAPTER V Nl'ANAGEMftNT OF LA,NDS VESTED IN THE ST,HE J!allcIaerM(!t !!/. ', .\it \a:)l:ds and all ijiterests therein vested in the Statl~ under thil! ~dted 1ddd ~r tii~ Act ,sh,alj, unless tt{~ State; Gd~e;rnment' otherwise dl?t~tt~[jf'ii~y general or special order andsubject to such rules as may be pl'eJc:ii- SUIte. becl hy the State Coverrnent in, this behalf, be managed by the Collector of the district in which the lands are situated . ., Provided the State Governrnent rnav entrust the" i~\.anage- lll,ent ot:such lands in any area to such authority asm~yhcl'j;escTibed :l1~~lIu~hauthority shall, thereupon, manage .he lands subject to the control of the State Government and in accordance with such rules as may be prescribed. 14 CH.APTER VJ PROVISIONS AS'TO REVENUE p~y uJbililJ~to pa)' 2S· Every person sh~.ltbe:liable to revenue to ,th'e State ;GOVC)'I'lment f,cFemtr. Forithe Iands allowed to be retained by him within the 'cciling\li rnit.. (2) Revenueshal]. be the first charge on the lands. Determination f!f 26.- A person shall pay as revenue for the lands allowed to be retained by RawlIeond appeal. him such amount as may he determined by the Revenue Officer in the prescribed manner having regard to Ihe amount payable by him 1I.s.kh'azana for such lands imrnediatelv before the notified date; c: (2) Where, inm,~diateJy before the notified date, no khazana was payable in respect of the lands allowed to be retained by such person or where khazana for such lands was payable wholly in kind or partly in kind and partly in cash, he shall pay as revenue such amount as may be determined by the Revenue Officer in the prescribed manner having regard to the prevailing average rate of cash khazana for lands of similar description and with similar advantages in the vicinity. (3) Until any revenue is determined under sub-section (J) or sub-section (2) every person shall continue to pay as revenue to the State Govern- ment for the lands allowed to be retained bv him within the ceiling limit such proportionate amount as woulll' have been paid by hi~ as khazana fOI' such lands immediately before the notified date. (+) Any person aggrieved by an order determining the amount of revenue under sub-section (I) or sub-section (2), may, within thirty days from the date of such order, appeal to the Tribunal constitute'] under section 1.3 and such appeal shall be disposed of in the manner provi- ded in Section )3. 15 RESTRICTIONS ON.&.LlENATION OF LANDS BY SCHEDULED TRIBES. Cemmencement and 27. The provisions of this Chapter shall come into force on such date as 41~~rridinH ~1fcct. the State Government may, hy notification, appoint, The provisions of this Chapter shall have effect notwithstanding any- thing to the contrary contained elsewhere in this Act, Restrictions all ali- 28. Save as'otherwise provided in this Chapter, any transfer by~. person enaf.ion ~f lands bJ .belonging to a Scheduled Tribe in respect of any land allowed to be .Scbeduled [film. retained by him under this Act or pOI·tioll thereof shall be void . Explanation :-( I) The expression "Scheduled Tribcs" in this Chapter shall mean such Tri bes or Tri bal com- munities as are deemed to be Scheduled Tribes in relation to the State of' Sikk im under Article s,p of the Constitution of India. (2) "Land" for this Chapter shall mean lands allowed to be retained or any portion of such hind by member of a Scheduled Tri be under this Act. 2,. Tratl~fer cd'land by A person belongin.g to a Scheduled Tribe may transfer his land or part Sctveduled Tribes. thereof by transfer to another member of Scheduled Tribes or to the Government or to a Corporation owned or controlled by theGovern- ment OJ" to a Scheduled or nartonalised bank or to aregistere~ ,co- operative society. (2) A person belonging to Scheduled Tribe may,with the. permission in writing of the Revenue Officer, transfer his land to a person not belonging to any Scheduled Tribe. ('l) The Revenue Officer shall not grant perSI1l1SS10n refercd to in sub-section (2) unless he is satisfied that no transferee belonging to Scheduled Tribe is willing to pay the fair and reasonable. consideration [or the transfer of the land and that the proposed tran.•- Vel"isintended to be made for one or more of the following purposes, na111el),;-- (a) to meet the expenses for the maintenance, education, lnarriagc or medical. treatment of such person or any rnem- bel' of his family, or (h) to make paVTncnt of cnv ~mnllnt p;]\'.1hle to the Go vernment or other 1(~cJI authorities. 01' - (e) for the purpose of lIlaking gifl or t!,I.C land to any institution established exclusivclv, For religious or charjtable purpose, (d) for the purpose of establishing 01" running any industry Or (e) for such other purpose as rn.JYbe prescribed o flo f r do o c n um r e e n a t i s strC o lt r ioll .")0 . o N f o th d is ocu C m h e a n p t ter of sha tr l a l ns h fe e r reg m is a t d e e red in b c y on a tr n a y ven a t u io th n ority of' o t r he in pr < o l v n i y sio w ns a::,' tr(/l1.~fCr. recognised as.valid in any Court exercising civil, crim inal or revenue. jurisdiction or hy any other authority, Power ~j'R'lfwue (r) If a transfer of a.ny land by a person bdongin~f to a Scheduled Tribes OJjicer to set aside is made in contravention ;)1" the provisions otthis Chapter, 01' if the impropu translers. permission for the transfer-under sub-section (2) of sect.ion 29 is found, after an inquiry in the prescribed rnanncr, to have been obtained by misrepresentation or fraud, the Revenue OFficer ma.y, of his own motion or on an application made in that behalf and after giving the transferee an opportunity of being heard, by an order in writing, annul the transfer where necessary and shall order ejectment of the transferee from such land, unless such transferee has been in continuous possession for twelve years under the transfer made in contravention of this Chapter. (2) When the Revenue Officer has passed any order of ejectment under sub-section (I); he shall also order restoration of 1'he transferred t':3:i an '11" order of ejectment under sub-section (I) or an or·'".r . brrestoration under ,s:Lfb-section (1} is, pot complied with withtn I'',1. i:hirty da)'silf the.passirig of sJdi oider Ji' ~vithin such further period 3.~ may be extended by the Revenue Officer for. go(?d andsL~fficient reason, the Collectior 61'the district in which such land is sihjatdl, to shall on iI,requisition that elfeh from the Revenue ()ffkJr, cif~tt such cj~cthient arid festOi-ati6h aha for that purpose use such force ~·srnav be necessat e'. . RestriCtion 0;' the No decree or unlet shall he passed by all)' court for the sale of the ~a7einexeciltjri[j ~f' land of person bdonging to a Scheduled Tribe, except ('or realisation or decree order, iJf ~hy Governrnenr dues or other public demands, 1 [PI'O'I'ided that no such sale shall take place in fa.l'our of any person not belonging to a Scheduled Tribe except with the permission. of the Collector of the district who shall not grant such permission unless he is satisfied that no member of the Scheduled Tribe is willing to buy the land at the minimum amount equivalent to the market price for such land.] Anv person aggrieved bv an order of the Revenue Officer under Sec~tion 31 m~y, within 'thirty days from the date of such order, appeal to the Tribunn] constituted under Section 1.1 and such appeal shall he disposed of in the manner provided in Section 3. 1 ./lar to Siiit.!andH-. ~ave as ~i:nb~~viS~~provided, no suit or other proceeding shall lie illany Court, proce~(liniJs. other Tribunal 01' before anv other authority, to challenge, vary or to set aside any order p~,ssecl unci. r this chapter by the Revenue Officer or the Tribunal. Certain lai,Ysto )), On and from the contmenoerrtertt of the provisions of this chapter, the pro- cease to hare effect, visions coritalned in the Revenue Ordcr vNo .1, dated, the 17th May, 19I7 and all other laws rel~tirig to matters governed by this Chapter shaII cease to have any force and efled:. I, Added b), section i5 of the Sikkirn Agricultural Land Ceiling and Reforms (Arnendment ) Act NO,21 of' 1.978 .. 17 CHAPTER VIII MISCELLENEOUS The State Government may, by n.otification, make rules [or the pur- pose of carrying the provlxicns of this .'\c[, ./ In particular and without prejudice of the gen.erality of the provisions , suchrules may provide fOl'all or any of tlu- followin.g matter-s. namely:- (a) the manner of clctermination under Section 4-; (b)l[*'~*] * ." ,~] (c) 2 [ (<I) the pcrioclvvith in which the Statement may he fikd under sub-section (I) of Section 8 and the particulars which Ml'. to he specified in such statement anel the person by whorn and tlw manner in whicl. such statement is to be filed,; (e) the particulars to be mentioned in the dl'aft statcmcnt \In<l\'!" S\II>- section (2) of section 9; or the manner serving the eli'aft statement under sub-section (2,) (If Section s: (gl determination and mariner of [Hyllwnt of .111annual sum under sub- section (3) of Section 12; the particular to be mentioned. in. the stJi:l'I1l.cnJ ref"ITl'd to in sub section (I) of ';,Tt'OIl 1(,; (i) the prcpal';tlion ;,:1,1 revision of record-oF-righ.ts under Section I'); (i) publication of the cl.r,tFt and fin.,I recOI'd-of-rights under Section 20, the period of such publication. the period within which an application isto he nHcie under sub-section (+) of Section zo,and the period within or which .In appeal is tulie prd'e,ITt~d unrlc r suh-sectio n (n Section 20; ,(k) the p"incip!e; nd the manner of'distribut ion ,.f lands under Section21; (I) m,i'l,'~'ej"wnt bv t~lI' Collector or ochor i,ul:l1orit:v I)f the vested lands un<i,,·/Secliol1. (If;") and the ;)\I:.:1"r;:·," l.I1Od<::· 1'.1", p"'",:i'i() to Section 24; (m) the manner of derr'nninal'inn ',l~ revenue lindt'/' sub-section (I"> and sub- section (2) of Sect.ion 26; (u) the purposes under clause ('-') uf sub-section (3) of section 2'); (n) rh,:~manner of ".'l1'1uiI'Yundcr Section .11, frotccUonjfn acts :l(;61\, No suit or pn)secuLion or 01 hei" It:~l~~l)lli'o(',·~,·~di.n~.~s~J'(llj iic (HJC1in:·a". dOIl~ ill i)(l(l(lj(lith, Jily p',.'rS(l:l OJ'the St"l!e COII'rnmen-t fin' ,myt:hing ~irJJ'Ie or IJUrpol-~d to have h(-~(,:l\dorie in g,)()d fJitl' (),' ;n j::!i'SU<111l'C ()f this Act or anv I'llI", ['r'am:_,': or ol'('kr pa,,,~r1 U::.\.'>1· leh', .Act.] POH:Cf to rel1l0re li'an.ydifilculty arises in gi\"ir.g (J;..~..c.t ro th.: i)n)',:ision-; or t:ilis /\ct or diffinrlrks, the rules made thereunder, t':, ~;tet"Co vr-vnment, 1,1'order, do any- thing IV)t inconsistent w.rh such 1)f()I'isiol1S which ;ril[Jears to be n~- cessarv 1)1'expedient [or till:: purpose of rt.'l1)o\'ing: t:h,' difficulty, 4 p'rovi<ieci, that no order under this Section shall be made hv till.' St:;,te CovL:rnrnenr "Jrer the ex{):ration of it period of two years from tbc con.mencemrnt of this Act.] SiI:hm j{e.0lliatiill1 o] 30, On and from the <i.ateof ':~:sl;ingunder Section It'of this Act, the pro- Tron:,!,:!' and Use oj' visions of the Sikkim Repulation of '['1'<111SrCI' and Use of Lands Act Lalld Act, r,)7,~, not 1975, shall cease to have -~ffect ill respect of all lands to ~vhich pro: visoris of this Act shall apply, to "I'P~V' .- --------.-----~ ----- ---- ---------_. __ .----------.-------------- ----- ------------- Omitted by section. 16 of the Sikkim Agricultural Land. Ceiling and- Reforms (Amendment) Act NO.2 I of 1978. Insert.cd hv section 17 of the Sikkirn Agricultural Lind "" Ceiling on'a Rcformss (Amcndmenrj Act NO,21 of 1978: 4.. Added by section 18 of the Sikkim Agricultural Land (~t.l>;li~-,r; "'I"J-l n,.,\', '-~....,.'• !I~1.•..••h..I.-• ~, I-\ ,.,~.•..1\r.., 18 1 [SCH[DULE I 1·(4)(1) and Section 6(4) (ii)] GROUP 'A' I. l)em~ly~ngtsc (;nmp.1 1. Pho<inng Cornpa 1· Phensang Compa ~.. Ralong Gompa ~. Rumtek Cornpa 6. Tashicling Ngadak Compa GROUP 'B' r. Mell i Gornpa 2. S~Jlgnak ChoJling Gomp;t l· Khachecd Palr! Gornp 4-. Dubdi Cornpa 5· Sinon Gompa 6. Tashid.ing Guru Lhilkang 7· Doli ing GOJ1)pJ 8. f<.inch'.:::npung Go mpa 9. Lhuntse GOlllp;1 10. Namchi Ngad.,.!, COll1pR r r. Simik Compo I~, Yangang Ciol1lpa 1l. Tumin Contpa q.. j(artuk Gornp.l 15· i I!:I\;::. C;(;:.ii"'· 16. Pabyok GOfflpa '7. f:nchcy Gompa 18. L.lbrang Cornpa 19· Lirigclok Chankar Cornpa 20, Ringeon Gornpa 1,. Hec Gyathang Cornpa Ijngthem Cornpa Tolung Compa Sharchok Bavphuk Lahl'an(r \Vangditse ChllngtJlang Gompa Chakung Gompa Chawang An.i Compo.

Hakchnm Compo (Lnakang) Hlingri Compa Ship Kunz:mg Choling Compa Rhcno ck Gompa Santam Cornpa SingchL "l:,;"d"k Gomp.1 Likney Phagyal Gornpa Samdong Gompa Barmiok Gompa Lachen Gompa I>achl.lng Campa Lichen Ma.ni Lhakartg Lachlln:;: Thangmochi Lachung Man] ~Lhakang Dotsuk Gompa Jj.•4-. Lachen Thangu Gying Cornpa Chaney Cornpa Tendang Tsamkang Tumlang Mani Lhakang Tingbung Gompa ~o. Sumen Gompa Sang Gornpa Parbing Gornpa Thakuabari , Ga.ngtok Town 19 Zingling Mandir , Song Durga Mandir, Rumtek Mahader Shivalaya Mandi r, Parkha Mahadev Mandir , Samdong Sliivalava Mandir, Tintek Shivalaya Mandir , Chhujachen Thakurvari , Rangpo Bazar Thakurbar i, Singta111Bazar Radha Kr-ishna Mandir , Rhenock Bazar Mahadev Mandir, Rhenock Bazar Shivalaya Mandir , Aritar Khamdong Shivalava Mandir , Chhota Singtam Shiva lava 'Mandir, Dikling Pachekhani Shidheshwar Manhadev Mandir, Namchebong Mandir, Tarpin Thakurbari , Rongli Bazar Onkareshwar Mandir , Aho Kali Mandir Rangpo Krishna Mandir, Duga Thakurbari , Pakyong BazJr Krishna Mandir, Niya Bram Chemchey Manclir , Namchi Tha kurbari, Namchi Bazar Thakurbari, Melli Bazar Mahadev Than, Legshep Shri Pashupo ti Nath Mandi r , Dhambudanra Mandir, Timburbung lelia Puma Dasi Ram Dharn , Samdong Thakurbari , Soreyong Mancli r, Gelling Mandir Sadhungaon, Chakung Durga Bhawani Manclir, Kaluk Paranami Mandir, Tharpu Bhag,lIYati Saraswr ri Mandir, Dentam Mandir, Hce Caon Durga Mandir Burrniok Dcvi Mandir , Sancharey Thakurbari , NayahazJr Dlirga Bhawani Devi Mandir, Upper Burmiok Devi Mandir Tadong Durpa Mandir , Dentam Shh~a Mandir , Martarn Bhae;aWil('i Mandir , Kewzing Ran~eshwar Mandir, Sadam' Rarncshwar Mandir , Sumbuk »». Hhagawati Mandi r, Sumbuk lOO. Shivalaya , Dhargaon ror, Shivalaya, Lingmo 102. Shankar Bhagawan Shivalayav Majhitar 10.3. Gangtok Presbyterian Church j 04-: Namchi Prcsbvterian Church 1o~. Chakung Rumbuk Church J06. Wak Presbyterian Church Phambong Presbvterian Church J07· t08. Rheno ck Presbyterian Church Mangan Pcnticost:al Church J09· .110. Mosque at Gangtok t I I 20 SCHEDULE If (Section 6 (5") I. All agricultural lands sha ll, on the basis of' productivity of the soil and access to markets, be classified into Circles. Until a new classification is made, the classification rnarlc in. Not.ihca tion No. 6lsjU<. dated the 7th June, 1957, shall be oper-ative in respect of (he area referred to therein, FOI' other areas , the classification dete rminccl in the course of sccrtlemenr 0p<,!,,1("iOllS sh,~11I", ,1(ccpted. 2. leach circle shall, on the baxis of alt.itudc and type of' crops, grown, be f'urtilt'.I' divided intI) classes and sub-classes . The classes and sub-classes recorded in the record of - rights for (he time hein.g in force shall he ac.cept.ccl for the purpose of a~('ertailling the class Or sub-class to which a ianr] bel()~gs. ~ 3, Aftcr as(.~>rta Irung the ,'\ppropria IT. Circlc, class anc] sub-class in the rnannc-r aforesaid, f i the arc" comprised ill the holding shall be converted into standard acres ,1('Cl'ol'ciing to the. Following table of' conversion ;-- CIRCU~_ CLAS~ AREA F.QUI VALENT TO A STANDARD ACRE A. PaddY/Cardamom I.00 acre II -do- 1.2 fj acres III·do- I.so-do- IOn :!..OO acres II -d~,- 2. _Io-do- llI-do- l·oo-clo- lll lhnju l·oo-do- B. I Paddy/Card.~m()m I.10 a.cres \I -do- _I.l7-do- Ill-do- I.GS-do- l DrY 1.10-cIo- iro.. 2. 7~.do- llI-do: ~·30-do- Banjo ·~.lo-cl()- c, I Paddy jCan1ctmom 1.10 Jeres '" tl-do- -,.so-do- 1II.(lo- -2.00-do- I Drv l,60·do- l1-do~ l·oo-do- Ill-do- -4-,oo-do· Banjo 4.00-do.] Bv Order of the Governor, B. R. PRADHAN, Secretary to the Government of Sikki III Low and Legislative Department, F 16 (t6) LLj78. ----------,---- I. fns<".I'te.<1 hI' section 20 of the Sikkim AgrinlltLiral Land Ceiilng anclRdorms (Amend- rnent] /\/t No. 21 of 1978. ----~-----.---~-------------~---.-.~~--- ... PRINTED AT THE SJKKJM GOVERNMENT PRESS SIKKIM G-OVERNME'NT , , 'GAZETT,E· ..,.~,. EXTRAoRDINARY \, PUBLISHED ,BY AUTHORITY . ,,' No~,158 Gangtok, Thursday, November 23 1978 9 \ ~--/-,~.-----~-.~---,"-,4~-----------~ 'LAW, AND LEGISicATIVE DEPARTMENT NOTIFlCAT[ON .", , No. iOjLLj78 . \. Dated Gangtok, the 17th November, 1978. . . . , The following Act of the Sikkim Legislative Assembly having received the assent of the President ' on the zsth day of October, 1978 is hereby 'published for generaUnformation.' . ' I SIKKIM; ACT NO. 21 OF- 1978 ',; THE· SIKKIM AGRICULTURAL LAND ' CEILING' AN~, REFORMS . (AMENDMENT) ACt, 1978,' " , AN i: ACT. . , to amend the Sikkim Agricultural Land Ceiling and Reforms Act, 1977 (Sikkim Act No. 14 of 1978). ," !__ WHEREAS in order to facilitate the proper implementation I [_ of the Sikkim Agricultural Land Ceiling and Reforms Act (Sikkim Act \ No. 14of 1978), it is expedient to amend the same in the manner here- , inafter appearing. i.,:: ' It is hereby enacted in the Twenty-ninth year of the,Republic ~" of India by the legislature of the State of Sikkim as foI,lows:--; 1, (1) This Act may be called the Sikkim Agricultural Land .Ceiling Short Title and Reforms (Amendment) Act, 1978: ' & 'commencement 1 Amendment of Section 2 \ ... . , '< \, .-\mcndmentof _ 3. , In sub-section (1) of Section5of the Act, the', words "from tiT',~ Section 5 to time" shall be and shall always be deemed to have been, deleted and after sub-section (1) the following shall be and shall always be deemed to ,y have been added .namely :~ ~ '" ""... .... .' ~ " . .# I "Explanation 1-The State Govern~ent may notify differe~t.dat~sfor different areas ofthe State. " " ' '. ' ,,' ,. , . " a, Explanation 11-' Land held, by' btistlwalla as, owner along .with l~md cultivated by him in the capacity of an Adhiadar or aKutiadar shall; for-the purposes of this Act; be deemed tobe held by him." , ' (2) Sub-sections (2), and (3) of Section 5 of the Act shall be and shall , , always be deemed.to have been-deleted. ,," Amendment of 4.' For Section 6 of the Act, the following shall be and' shall always Section 6 be deemed to have been substituted, namely:':.....' . ., . Ceiling limit. , 6. (1) The ceiling shall be- , ~, ,,(a) 'iii the cas'eor person having no family, or' a. "I ,family consisting ofnot more than five mem- bets, twelve and a half standard acres, arid.', J~I (b). in the case of a person having a family 'con- ' ; sisting of. more than five' members;" twelve / ' -and a half standard acres increased by two' , standard acres for each member in excess of 'I "five,sohowever, that the ceiling area shall not ~i-f; exceed twenty and a half standard acres., " ." Exp~an~t~on-'(1) F6~'t!Iepurpose of this sub-section.;~n' lands held,by a'per- son.individually or jointly with other:members of his family shall be deemed to be held by him. " ,., ". ' , " ''',' ' (ii) Where any holding is held, by him, jointly with' any,'person or personsother.than a member of his family, the share, of .each- person in ,j the joint-holding shall be deemed to be held by him. ' ", " . " , . ,I . " (2) Every adult son of a person 'shall be treated as a separate unit I and hisshare inhis'father's holding or in ancestral holding shallbe aggregated j along with other land,' if.any,held by.himfor the, purposes of determining ,1 "his ceiling limit., " ,.' \, ' i EXplanation 1...N.o person who-has notcompleted-the age of eighteen years on the date of thenotification referred to in sub-section (i) of' Section 50r on the date of future acquisition of land under Section 16 shall be,deemed to be an adult. ,- , .' '_ ~I 'Explanation 11- The expression "adult son" includes an adult .son who is' dead and has left surviving behindhim his widow, minor sons or daughters (other than married daughters) who either do-not 'own any land or hold land less than twelve and a half standardacres. e , '(3) Notwithstanding anything in the preceding sub-secti.ons, a monastery or other religious institution shall be entitled to hold. " , • (a) ,sixty standard acres.If'it is listed in Group AofSchedule I, and, (b) twenty-five standard acres, if it;~ listed 'in Group B' of Schedule I. ~ , ' , (4) The provisions of this Act shall not apply to - , " . .. ' (a) Land used for growing tea to the extent notified. by the State' ,.! ,(b), ~~de~~~1:d~/the St~tebo~er~~le~t or'the Union-Government 0];' an (undertaking or, company. owned 'by' the State-or-the ,Union Government or by a local authority: , ' ' (c) land held by a co-operative society including a co-operative Bank, the State Bank of India, a subsidiary of the State Bank of India as defined in the State Bank ofIndia (Subsidiary Banks) Act, 1959, a correspon- ding new Dank as defined in the Banking Companies (Acquisition and Trans- fer of Undertakings) Act, 1970, the Agricultural Refinance Corporation and the l\gricuituraf Finance Corporation; . , ' '., . ,. ,Pn;wided that in the case of a co-operative' society, no member " shall be allowed to-hold a share of the land which, together •.with his 'other •land, exceeds the ceiling applicable to him under sub-section (1); and ,(d) land held for industrial purposestothe extent ,notified by the ~•.-State Government in each case and for the period the land continues to be .used for such purposes. ' ' ,', , ',." . :Explanationl,I-' Use of the land for a purpose other than that notified. by "the State Government shall be deemed to be cessation of use for industrial' 'purposes unless such different use is approved by the State Government. Explanation U- Use of land for cultivation of crops to be used for indus- trial purposes shall not amount to use for industrial purpose.s. ' , :' . (5) The "standard acre" for different areas for the State I shall be determined in the manner provided ill Schedule II." ' - , < . . .' 5. ,In Section 7 of the Act, the words "or cause any altera- Amendment of tionin the use of such land" shall be and shall always be deemed to have Section 7 "been inserted after "otherwise" and before "untill" and the words "01' change in the use of land" shall be and shall always be deemed to havebeenlinserted- after "transfer" and before "in contravention". . 6. For sub-section (1) of Section 9, the following shall be Amendment of and shall always be deemed to have been substituted, namely:- .,Section· 9~. "(I) on the basis of the statement filed by a person under sub-section (1) of Section ~ and in cases where .aperson fails to file a state- ment'inspite of service of a notice under sub-section (2) of the said section, the Competent Authority may, after such inquiry as he mayconsider necessary either by himself or by any person subordinate to him, cause to, be prepared a draft statement in respect of that person". . . - ' 7~ After section 9 of the Act, the folloV1i~gshali be and" shall Insertion of ..always be deemed to have been inserted, namely:- " ,new, Section after Section 9 "Competent authority 9A. ,The Competent Authority -shall, for the ,to have powers of a Civil' purpose of this, Chapter, have the powers,' Court. of a Civil Court under the law for' the time being in force relating to Civil Proce- dure in respect Of the following matters, namely i+ .. (a) ,proof of facts by' affidavits; . (b) enforcing attendance of ar,ty' person ,and his examination on oath; , (c) production of documents; 'and . , : (d) issue of com~lssion."" -, ,iL -In Section 10, of the Act after the' words and figures .Amendment of "Section 13" the words and figures "or' Section 14", shall be and shall Section 10 always be deemed to have been inserted. r" ' i , 9. (1) For sub-section (2) of Section 1 of the Act the' following Amendment of shall be and shall always be deemed to have been substituted,namely:- Section 11 4 "The encumbrances, ifany.on the excess land vested in the State in pursuance of sub-section (1) shall attach to-the amount paya ble under sub-section (1) of Section 12"." " ., . (2) After sub-section (4) OfSection 11of the Act the following' 'shall be and shall always be deemed to have been-addeds.namelyt=- , " ,"(5) Without prejudice' to the provisions or' sub-section ,(4), aperson who does not surrender or-deliver possession .• of the excess land within thirty daysof the 'service of'the notice referred to in sub-section (3) shall be liable to' pay to theState Government for the period he continues in . possession of such land such amount as may be determined , by the Competent Authority in the prescribed mannerand such amount. shall be recoverable as'an arrear of land revenue". , .' Amendment of ", 10. " Insub-section (1) of Section 12 of the Act for clausesji) Section 12 to (iv) the, following shall be and shall always be' deemed to have, been substituted, namely:- ~ , , (i) for the first twenty standard acres, an amount' being two hundred times the land revenue payable for such land" ' . (ii) for the next thirty standrad acres, an'amount being one hundred times the land revenue payable for such hind;" .', .: "(iii) .for the next fifty .standard -acres, an amount being fifty times the land revenue payable for such land; and ' (iv) for the remaining land, an amount being twenty-five times the land revenue payable for such land". ' ,.' Amendment of 11. ' 'In sub-section (1) of Section 14 of the Act, the' words "thirty Section 14 days" shall be and shall always be deemed to have 'been substituted by thy words "sixty days". ., ': Amendment of 12. In Section 15 of the Act the following proviso shall and shall Section 15 always be' deemed to have been added, riamely:- , ' .',' "Provi'ded that where the amountpayable to ~person does not exceed the sum of rupees one thousand, theentire amount shall , be paid in a lump sum", ' , '\ r Insertion 'of 13.· After Section 1,8~f the Act the' following Sections shall be and, =: J< ! new Sections , shall always be deemed to have been added, namely,-, after Section 18 :" ~'State Government to be 18A. The State Government shall be party to all 'proceedings under: party to all proceedings. the provisions of this Chapter: . Penalties, 18B. Whoever contravenes any order passed under this chapter or, obstructs, any person from taking possession of any land under -Section, 11or fails to furnish the statement required 'under Section 16 or makes' or submits a statementor furnishes any information which is false or which he has reasons to believe to be false, shall, be punishable with fine which may extend to one thousand rupees., "" ,,' , Recovery of arrears of 1'8C. , All arrears of landrevenue and other Government dues in land revenue and other . respect of any-holding or holdings, part orparts whereof hasl Government dues, or have been acquired under this Chapter may.iwithout preju-' dice to any other mode of-recovery, be recovered by deduc- ,c' -ting the outstanding amount from the amount payable under Section 12. '~ .. ~<:\very ofexcess l8D. Where on account of an arithmetical 'amount paid. error aperson hasbeenpaid any amount ~T in excess of what he is entitledto under Section 12, the State Government shall be competent' to recover the excess,' amount as an arrear of land revenue; . " " .! Provided that no order for recovery of any such amount shall be made without \ giving the person anopportunity ofbeing \. heard by the Competent Authority." . 14. \ Section 21 of the Act shall"be and shall alwa'.ys be deemed to .Omission of have been omitted. , r Section 21. 15. In Section 32 of the Act the following proviso shallbe and shall Amendment of alwaysbe deemed to have been added, namely:- ' Section 32 . "Provided that.no such sale shall take place in favour' of any' person not belonging to a Scheduled Tribe except with the per- / mission of the Collector of the district who shall not grant such permission unless he is satisfied that no member. of the Sche- duled Tribe is willing to buy the land at the minimum amount equivalent to the market price for such land." .. .~ 16. Clauses (b) and (c) of'sub-section (2)of Section 36 shall be and . Amendment of shall always be deemed to have been omitted.' Section 36 (2).. 17. . After Section 3'6of the Act the following shall,be andshall Insertion of always be deemed to have been added, namelys=- , hew Section after. Section 36 "Protection for acts 36A. No suit or prosecution orother legal pro- ,., , done in good faith. . ceedingsshalllieagainst any person or the " state Government for anything done or purported tohave been done ingood faith . or in pursuance. of, thisAct or any rule ; framed or order passed under this A~t." 18. In Section 37 of the Act the following proviso shallbeand ~hall Amendment of always be deemed to have been added, namely:-", Section 37 "Provided, that no order under this Section shallbemadebythe State Government after the expiration of a period of two years y from the commencement of this Act." " ' 19. The word "SCHEDULE" occurring after Section 38 shall be , " Amendment of , and shall always be deemed to have been substituted by "SCHEDULE 1", ' ' .,the schedule. 20. After SCHEDULE:. 1of the Act thefollowing shall beand shanlns~rtion of always be deemed to have been added, n~u1\eiy:~' Schedule 11 .' . d . ' ""'/', :. - ,HSCHEDUI_E" II .11, . (Section 6 (5) I 1. All agricultural lands shall, on the ba'sis of productivity of the soil' and access to markets, be classified into Circles. Until a new classification is made, the classification made in -Notificarion No. 6l5/LR dated the 7th June, 1957; shall 'be operative in respect of the area . referred to therein. For other .areas, the Classification determined in the course of settlement operations shall be accepted. ' , " , 2. , .' Each circle shall, art the basis of altitudeand type of.crops, grown, be further divided into classes and sub-classes, The classes and sub-classes recorded in therecord-of-rights for the time being in force shall be accepted for thepurpose 'Of ascertaining the class or, sub-class' to' which a land belongs. 3. ' After ascertaining the appropriate Circle, class and sub-class in the manner aforesaid, ihe area comprised in the holding shall be converted. into '.standard acres according to the following table 'of conversion i-. CIRCLE CLASS AREA EQUIVALENT TO A STANDARD ACRE -.\ I A. I Paddy/Cardamom' 1.00 acre II -do- . 1.25 acres III -do- L50 -do- ,/" V· lDry 2.00 acres II -do- (. 2.50 -do- III -do- 3;00 -do- Banjo J.OO-do- . B. I Paddy /Cardamom "1.10 acres II '-do- '1.37 -do- Ill-do- 1.65 -do- IDry 2.20 -do- II Dry 2.75-do- III -do- 3.30 -do- Banjo 3.30 -do- C. , I Paddy/Cardamom 1.30 acres II -do- 1.50 -do- , III -do- ...•. 2;00 -do- . -' • IDry 2.60 -do- : II -do- 3.00 -do- III -do- \ 4.00 -do- Banjo 4.00 -do-" 21. The Sikkim Agricultural Land Ceiling and' Reforms (Ainendment) Repeal. Ordinance, 1978 (Ordinance No.3 of 1978) is hereby repealed. By Order.. B.. R. PRADHAN, THE SUBSEQUENT AMENDMENTS TO THE SIKKIM AGRICULTURAL LAND CEILING AND Secretary' to the REFORMS ACT, 1977 (ACT NO. 14 OF 1978) AMENDED AND Government of Sikkim, UPDATED UPTO NOVEMBER, 1978 Law & Legislative Department. F. 16(16)LLj78 . •..,__ o.-.... ...;..;. ---:" ~ _ PRINTED AT THE SIKKIM GOVERl'-lMENT' PRESS / !'