Sikkim act 001 of 1975 : The Sikkim Cultivators Protection Act 1975

, .

(EXTRAORDINARY)

PUBLISHED BY AUTHOR{TY Caugtok, September, g 1975.

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LEGISLATIVE DEPARTMENT

l\:otif.ca tion. N o. 1/Lj75. - 8th September, 1975. - The following Act of the Sikkim Legislature U~!\ ;llg been assented to by the Governor on the 8th September 1975, is hereby published !',:);' ~ ,_'[1:.: rul information.

Sikkim Act I of 1975.

The Sikkim Cultivators Protection

( Temporary Provisions) Act 1975.

[Passed by the Sikkim Lagislature ]

ACT NO.1 OF 1975

THE SIKKIM CULTIVATORS PROTECTION

(TEMPORARY PROVISIONS) ACT 1975

AN

ACT

[0 m.ike temporary provision for protection of cultivators against terrn i- n.n iorr of cultivation of lands cultivated by-them, for restoration of such buds in case of illegal termination, for limiting the liability of the culti- v.u ors and for other matters connected therewith.

WHEREAS it is expedient to make temporary provisions for protection of the cultivators against termination of their cultivation of i.uids cultivated by them, for restoration of such lands in case of illegal termination, for limiting the liability of the cultivators and for other 111~HlerSconnected therewith:

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It is hereby enacted as follows:-

1. (1) This Act may be called the Sikkim Cultitvtors Protection (Te m- porary Provisions) Act, 1975. .

(2) It extends to the whole of Sik kirn.

(3) It shall come into force at once and shall remain in force for ~l. period of two years from the date of its commencement; but the State Government may, by notification in the Sikkirn Government Gazette extend the period of its duration for a further period 110t exceeding one year.

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1),:/lllil ions, 2. In this Act, unless there is anything repugria nt^illI,h~ subject or context.

(1) "Agriculture Ycar'v means the year commencing Iroru t!L' first du "(if Februarv:, ,

(2) , "Civil Court" docs not include th ~ High Court or the :::uprc,-'h:; Court:

(3) ·'Culli~a.tor" means a person whocultivates v= 1~1ndof another person on condition of payment of rent, In cash or 1Il kind, or on con- diiion of delivering or receiving share or any fixed aunntrty of the pro- duce and includes a person who cultivates the land of another perso n on any terms and conditions except as a paid servant or hired Iabo u ((:1':

(4) "Owner" means' a ,person whose land is cultivated by a cultivator:

(5) "Prescribed" means prescribed by rules midc uudcr llil~ Act;

(6) "Prescribed Authority" means whose jurisdiction the land is situated other officer specially' empowered by this behalf. '

the District OILi ....cr \vll!'ir(; and shall also inc!L~lk :\11}' the State GOVernlfl:.::~n in .ict IV prevail 3. (1) The provisions' of this Act and of any rules made there"

ov rr other laws, under shall have" effect notwithstanding anything to the contrary ,1<", and contained in any other law or in any custom, usage, contra ..'t 0:' over-riding instrument.

~'jj~cl of the Act. (2) Any law or custom or usage having the force or law 1 ii force immediately before the commencement of this Act shall ceuse to have effect with respect to any matter for which provision is made in this Act.

(3) Any other 'Iaw in force immediately before the COlnnl,~'n(:.:;- ment of this Act shall cease to have effect in so far it is iuco n-

"~ sistent with any of the provisions contained in .l.is Act. Prot ectiou of

Cultlvators

against

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C't.11 ivu tion

u!/d restoration

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4~ (1) No owner shall be entitled to terminate the cultivation of his land ~y a cultivator except in execution of a~ .order made by the prescribed authority on the, ground that the cuiuvator has with- out any reasonable cause. failed fo cultivate the laud.

(2) Any order of ejectment passed under the provisions 0[' this Act shall be executed by the prescribed authoriy, but proper comp~nsatlO.n· 'as IUJ.y be determined b~ the prescL:lbcd a uthor iry shall oe paid by the owner to the cultivator for IUS share of tUe standing crops, if any.

,(3) If any owner terminates or causes to be: Itffniri:tI(:J lb:-

cultivation of any land by a cultivator in contravention 0[' ll1:: Ijl'u\'i- sions or this Act,' the prescribed authority shall, on receipt o'!, :iuy appllcatl.on made by or on behalf of the cultivator and after giving the cultivator and the owner an opportunity of being heard ~\lld after making such inquiries as he IDly deem necessary, by order dircct-

(a) in a case where such land h:1S not been cultivated or has beeni cnltivatcd by the owner or by any person on hIS behalf other than a culti va tor, lL.J ( the land be immediately restored to the cultivator and further that forty per cent of any produce of the land shall be forfeited to the State Govern- ment and the remaining sixty per cent of' such produce shall be retained by the cuhiv.uo..

(b) in C,l case where such land has been culrivarcu bv a new cultivator engaged by the owner, rh.u Lll~ land be restored at the end of tile cult ivu i io n season to the applicant cultivator and further llnt the new cultivator shall retain fifty per cent of the produce harvested before restoration and make over the remaining fifty per cent of such produce , to the applicant cultivator.

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5,For the cultivation of any land, no cultivtor shall be required to payor deliver to the owner and no owner shall be entitled to n.::cti ve from the cultivator, more than half of the principal prod LIce of the land or the pr~ce thereof, as the case may be, as rent or sh.ire or on any other account. _. -.

6. (1) If a cultivator r+

(a) - surrender's his right to cultivate in respect of land cultivated by him as a cultivator, or

(b) abandons cultivation of such land, the owner of the land shall give information in wri ring 0 f such - surrender or abandonment to the prescribed authority.

(2) On receipt of such information the prescribed authority shall, after giving the cultivator and the owner an opportunity of being heard and making such inquiries as he may deem necessary, by order determine whether the cultivator voluntarily surrendered or abandoned his right of the cultivation in relation to such land.

(3) If the prescribed authority determines that the cultivator had not voluntarily surrendered or abandoned the cultivation of the land which was being cultivated by him as such and that he had been compelled by force or otherwise to surrender or abandon the cultivation of such land, the prescribed authorities shall restore the cultivator to the cultivation of the land.

(4) If the cultivator is not available or is not willlllg to l..;,.:

restored to the cultivation of such land, or if the prescribed aurL10rilj determines that the cultivator had voluntarily surrendered or ab~UldOllt:;.i the cultivation of such land. the owner shall not resume - perso n.rl cultivation of such land, but may, with the permission of the prescribed authority, have the land cultivated by another cultivator of the locality who is willing to cultivate the .land as cultivator.

7. (1) Where a cultivator cultivating any land dies, the cultivation of such land may be continued for the remaining peroiod of that agricultural year by the lawful heir of the cultivator and if such lawful heir continues the cultivation, he shall have all the rights aud b c subject to all the liabillities of a cultivator under this Act in respect of such remaining period.':

(2) Where ;- •.

(a) no lawful heir of the cultivator is 111 a POSlllOD W cultivate the land personally, or

(b) the lawful heir .ornits or fails to take any steps for the continuation. of the cultivation of the land within flft0en days from the date of the death of ithe cultivator, Or if the agricultural operations in the. neighbouring lands arc not .then in progress,' within fifteen days from the date of commencement of such operation, ~~.~;cultivation of the land may be continued by such person as in.ry be nominated by the owner.

8. (1) If a cultivator fails or omits or neglects LO pay the rent or share or fixed quantity of the produc payble to the owner, the owner shall be entitled to recover such rent or produce due Lv him or its money value.

(2) If the produce of any land cultivated by a cultivator whc- ther before or after it is harvested is taken away by the owner f'orccibly or otherwise, the cultivator shall be entitled to recover from such owner the share or quantity of the produce due to him or its money value.

9. Every dispute between a cultivator and tho" owner in respect of the following matter, namely;-

(a) division or delivery of the produce or payment of ren t, ( b) recovery of rent, share or fixed quantity of the produce under the rrovisions of sub-section (1) or sub-section

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