Land owners in Sikkim may rent land only to eligible persons, tenancy needs an application to the Authority, and unauthorized tenancy can be evicted and penalized.
r: \ \, , -. , .~ SIKKIM "''',',. .." ~.'" ; .,., .. ,( \ .;. - " GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Friday 1 August, 2008 No. 328 st GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK No.21/LD/P/2008 Date: 30.7.2008 NOTIFICATION The following Act passed by the Sikkim Legislative Assembly and having received the assent of the Governor on 28th day ofJune, 2008 ishereby published for general information:- THE SIKKIM LAND TENANCY ACT, 2008 Act No. 21 of2008 AN ACT to provide for law relating to holding of land tenancy inthe State of Sikkirn, Be itenacted by the Legislature of Sikkim in the Fifty-ninth Year of Republic of India as follows:- Short title, extent and 1. (1) This Act may be called The Sikkim Land Tenancy Act, 2008. commencement. (2) Itshall extend to the whole of Sikkim. (3) Itshall come into force at once. Definitions. 2. Inthis Act, unless the context otherwise requires.- (a) "Act" means The Sikkim Land Tenancy Act, 2008. (b) "Authority" means Secretary to the Department of Land Revenue and Disaster Management, Government of Sikkim. (c) "land tenancy" means aperson holding land as atenant for which he gives rent inwhatever mode tothe land owner. (d) "prescribed" means prescribed by rules under the Act. Land Tenancy. 3. (1) No land owner inthe State shall be allowed to give his or her land on rent to any person unless the person has Sikkim Subject Certificate or Certificate of Identification. (2) Every tenancy before itis made shall require the land owner to apply to the Authority along with such relevant documents as may be prescribed. (3) The authority onreceiptofapplication forlandtenancy mayallow such application ifitisfound inorder and having been found to have fulfilled allthe requirements as may be prescribed. (4) Tenancy once created shall not be allowed to create sub-tenancy to any person except to person having Sikkim Subject/ Certificate of Identification and fulfills the requirements as may be prescribed. (5) Any land tenancy created in contravention of the law laid herein shall be voidab-lnitlo and as non existent and the tenant is liable to be evicted or removed by the Authority who may also impose penalty on the land owner to be realized as arrear ofland revenue @ 1f4!h ofthe revenue payable inrespect of such land insuch a manner as may be prescribed. Power to make rules. 4. The State Government may make rules to carry out the purposes of the Act. Savlngs. 5. This Act shall be insupplement to and not in derogation to any other law governing the subject. BY ORDER. R.K. PURKA YASTHA (SSJS) LR-cum-Secretary Law Department File No. 16 (82) LD/P/2008 S.G.P.G. -3281Gazette/150 NosJDt:- 01.0B.2008.