Sikkim act 014 of 1978 : The Sikkim Agriculture Land Ceiling and Reforms Act 1977

" . !<.1)'l1Imt()lamotilli. r z.'. (I)

. for acess land,

6

....The Competent . Authority shall, for the purpose of this Chapter, have the powers of a Civil Court under the law [01' 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. ] 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 a copy of thefinal statement as so prepared to be served in the manner referred to in sub-section (3) of Section 9 on the person concerned. As soon as may be after the service of the final! statement under 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 da te so speci fied .

. -4 (The encumbrances, if any, 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.]

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 sur re nder Or deliver posse- ssion thereof to the State Government o r to any officcr duly authorised by the competent authority in this behalf, Within thirty days or the service of the notice.

[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. ' 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. ] Whereanv excess'land vests or is deemed to have been vested under ~ub-sectio;1 (I) of Section T J 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 .. 2 J 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

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(-1-)

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Sewnd oppeal to 14. state Land Tribunal, ·7

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"'",:' ';'(ii) ("for ·tne .next .thirty", standard acres, an amount being \

. l .:,.\~;.!j.'~; :"::{.: . .: .:' one-hundred timescthe land :revenue payable for such

.... ", . 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;

. five times the lan~ ,revenue payable for such land. 1, .'

(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, if the State Government is of 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,

If any persoll is aggrieved by an order of the competent authoritv under Section 4 or sub-section (4) of Section 9 or Section 12, he may 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 of a 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. Jf any person is aggreived by any decision of the Tribunal constituted 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.

7

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(:~j hils Iiiilit ~/ }utureacqi/Wtilhl

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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~lTn b~l\1aL " , '

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i~,(1)

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T.h~ sfah; ,G6v~hi;h~nt ~i1iiil within a period of tell months From the 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 sutri.]

(() ^Ifonorafter^tilecomrrienecrnent^{ofthisActoronor}after^thenoti- fied date or dh. or ;tftei- the date ~t'vesting under Section I', any pe,'- ;oh,. ~G~Ui~e~,by ~rai1~~h.i~h9~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

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 ,

Save as otherwise provided ill this Act, no Civil Court shall have jurisdiction to decide or dca I, 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 lalld vested in the State under Section' I I "is Heli'gc.i:'dti. ~~ted bv ~ 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 sub-section (I) to retain under his cultivation become on an from the date, of, yesting a ,h'ust.i,~'alla i'n respect of such land, ' If such cultivator is also, a bU$t,iwall,),in 1't'Sp"ct of any o thcr land irnmcdiatelv before the date of vesting in excess of three standard acres he shall not be: entitled to Tetain under his cultivation anv land. under sub-section (I) and his right or cultivation in respect >01' all excess lands, a~, referred to in. sub-section (.I) shall stand terminated. Added by section Ii of the Sikklni Agl-icu!tul'al Land ceiling and Re- forms (Arriendiiieilt) Act No. JI of r'78.

8

cceJil1[/.i.

Pcnalt ies .

fl"ecovcrJ or arrears 4 [1 RC. c:/1olld revenue and other Government dues,

Becovery of excess amOl/nt paid.

5[18D.

9

The State Government shall be party to all proceedings under the provisions of this Chapter.

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 (j or 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. All arrears of land revenue and other Government (lues in respect of any holding or holdings, part or I,arts whereof has 01" have been acquired under this Chapter may. without prejudice to i1l1y other mode of J"ecover)'. be recovered by deducting the outstanding J mount rrom the amount payable under Section. , 2.

Where 011 account of an arithmetical error J pl'r~on has been paid

Provided that no order for rccoverv of any such i11l1.0Ul)t shall. be made without giving the person all OI)P"ortunitv of bein» hei1l:d bv the•..... b ,i b Competent Authority.

Added by Ssection 13 of the Sikk im Ag,"icultun'" Land Ceiling and Reforms (Amendment) Act No. 21 or 1971:1.

9

10

CHAPTER III

rH.EPARATION OF R[CCORD - OF - RIGHl'S. The State Government may, for the purpose of carrving out the 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 revision of 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

(I)

20.

(I) When a. record-of-rijjhts has been revised ()I' prepared the. Revenue Officer shall publish a draft of the record so revised or prepared in the 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

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 by an order passe

(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 been finally puLlishcd 0; 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

10

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(**~'*]

(I) ^Whenanorder^hasbeenmadeunder Section¹⁹directing reVISH,lI1 or preparation ofa record-of-rights , no civil Court shall entertain any suit or application' for the' determination 01' the revenue or the 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

I. Section 21 is omitted hv section r4- of the Sikkim Agricultural Land Ceiling Land RdclrITIS (Amendment) Act No. 21 of 1978.

11

mSTRlBUTrON OF VESTED LANDS 23·

Subject^totheprovisions^{ofthisActandthe}rules^madethe-reunder^, the settlement of' lands which vest in the State tinder Section 1 I 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,

12

CHAPTER V

Nl'ANAGEMftNT OF LA,NDS VESTED IN THE ST,HE J!allcIaerM(!t !!/. ' ,

~dted 1ddd ~r tii~

SUIte.

.\it \a:)l:ds and all ijiterests therein vested in the Statl~ under thil! 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- 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 as m~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.

13

Determination f!f 26.- RawlIeond appeal. c:

14

CH.APTER VJ

PROVISIONS AS'TO REVENUE 2S·

Every person sh~.ltbe:liable^top~y revenue^to,th'e State ;GOVC)'I'lment For ithe Iands allowed to be r etained by him within the 'cciling\li rnit..

(2) Revenueshal]. be the first charge on the lands. A person shall pay as revenue for the lands allowed to be retained by 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;

(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.

14

tr(/l1.~fCr.

Power ~j' R'lfwue OJjicer to set aside impropu tra nslers .

15

RESTRICTIONS ON.&.LlENATION OF LANDS BY SCHEDULED TRIBES. The provisions of this Chapter shall come into force on such date as 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, Save as 'otherwise provided in this Chapter, any transfer by~. person

. belonging to a Scheduled Tribe in respect of any land allowed to be 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. A person belongin.g to a Scheduled Tribe may transfer his land or part 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 a registere~ ,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) ^tomeettheexpenses^forthemaintenance, education, lnarriagc or medical. treatment of such person or any rnem- bel' of his family, or

to make paVTncnt of cnv ~mnllnt p;]\'.1hle to the Go vernment or other 1(~cJI authorities. 01' -

for the purpose of lIlaking gifl or t!,I.C land to any institution established exclusivclv, For religious or charjtable purpose, for the purpose of establishing 01" running any industry Or for such other purpose as rn.JY be prescribed

(h)

(e)

(d)

(e)

"0.) .

No document of transfer made in contravention of' the provisions of this Chapter shall he registered by any authority or in

recognised as. valid in any Court exercising civil, crim inal or revenue.

jurisdiction or hy any other authority, ( r ) If a transfer of a.ny land by a person bdongin~f to a Scheduled Tribes is made in contravention ;)1" the provisions otthis Chapter, 01' if the 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

15

',1. RestriCtion 0;' the ~a7einexeciltjri[j ~f' decree or order, ./lar to Siiit.! andH-. other proce~(liniJs. Certain lai,Ys to ) ), cease to hare effect, t':3:i '11"an order of ejectment under sub-section (I) or an or·'".r . br restoration under ,s:Lfb-section (1} is, pot complied with withtn i:hirt y 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, shall on iI ,requisition to that elfeh from the Revenue ()ffkJr, cif~tt such cj~cthient arid festOi-ati6h aha for that purpose use such force ~·s rnav be necessat e'. .

No decree or unlet shall he passed by all)' court for the sale of the land of person bdonging to a Scheduled Tribe, except ('or realisation iJf ~hy Governrnenr dues o r 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 3 1 m~y, within 'thirty days from the date of such order, appeal to the Tr ibunn] constituted under Section 1.1 and such appeal shall he disposed of in the manner provided in Section 1 3.

~ave as ~i:nb~~viS~~provided, no suit or other proceeding shall lie ill any Court, 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. On and from the contmenoerrtertt of the provisions of this chapter, the pro- visions coritalned in the Revenue Ordcr vNo . 1, dated, the 17th May, 19 I 7 and all other laws rel~tirig to matters governed by this Chapter sha II cease to have any force and efled:.

I, Added b), section i 5 of the Sikkirn Agricultural Land Ceiling and Reforms (Arne ndment ) Act NO,21 of' 1.978 ..

16

POH:Cf to rel1l0re

diffinrlrks, SiI:hm j{e.0lliatiill1 o] 30, Tron:,!,:!' and Use oj' Lalld Act, r,)7,~, not to "I'P~V'

17

CHAPTER VIII

MISCELLENEOUS

(a) The State Government may, by n.otification, make rules [o r 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:-

the manner of clctermination under Section 4-;

(b)l[*'~*]

(c) 2 [ * ." ,~] 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,;

the particulars to be mentioned in the dl'aft st atcmcnt \In- section (2) of section 9;

the manner or serving the eli'aft statement under sub-section (2,) (If Section s :

determination and mariner of [Hyllwnt of .111 annual sum under sub- section (3) of Section 12;

the part icular to be mentioned. in. the stJi:l'I1l.cnJ ref"ITl'd to in sub section (I) of ';,Tt'OIl 1(, ;

(gl

(i)

(i)

, (k)

(I)

(m) (u) (n)

No suit or pn)secuLion or 0¹

hei" It:~l~~lil)l'o(',·~,·~di.n~.~s~J'(llj iic (HJC1in:·a".

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'll I", ['r'am:_,': or ol'('kr pa,,,~r1 U::.\.'>1· leh', .Act.]

li' an.y difilculty arises in gi\"ir.g (J;.....~ct ro t h.: i)n)',:ision-; or t:ilis /\ct or

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 [o r till:: purpose of rt.'l1)o\'ing: t:h,' difficulty, 4 p'rovi

made hv till.'

of two years

On and from the

17

16.

'7.

18.

20,

1 , .

Jj.•4-.

18

1 [S CH[DULE I

1·(4)(1) and Section 6(4) (ii)] GROUP 'A'

I.

l)em~ly~ngtsc (;nmp.1 Pho

Rumtek Cornpa

Tashicling Ngadak Co mpa

1.

1· ~.. ~.

6.

GROUP 'B' r .

2.

l· 4-. 5·

6.

Mell i Gornpa S~Jlgnak ChoJling Gomp;t Khachecd Palr! Gornp Dubdi Cornpa

Sinon Gompa

Tashid.ing Guru Lhilkang Doli ing GOJ1)pJ

f<.inch'.:::npung Go mpa Lhuntse GOlllp;1

Namchi Ngad.,.!, COll1pR Simik Compo

Yangang Ciol1lpa

Tumin Contpa

j(artuk Gornp.l

i I!:I\;::. C;(;:.ii"'· Pabyok GOfflpa

f:nchcy Gompa

L.lbrang Cornpa

Lirigclok Chankar Cornpa Ringeon Gornpa

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

Lachen Thangu

Gying Cornpa

Chaney Cornpa

Tendang Tsamkang

Tumlang Mani Lhakang Tingbung Gompa

Sumen Gompa

Sang Gornpa

Parbing Gornpa

Thakuabari , Ga.ngtok Town 7·

8.

9.

10.

r r. 19· ~o.

18

102.

10.3.

j 04-:

1 o~.

J 06.

J07· t08. J09·

.110.

19

Zingling Mandir , Song Durga Mandir, Rumtek Mahader Shiva laya Mandi r , Parkha Mahadev Mandir , Samdong

Sliivalava Mandir, Tintek Shivalaya Mandir , Chhujachen Thakurvari , Rangpo Bazar Thakurbar i, Singta111 Bazar 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, Ta rpin

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

Shivalaya , Dhargaon

Shivalaya, Lingmo

Shankar Bhagawan Shivalayav Majhitar Gangtok Presbyterian Church

Namchi Pr csbvterian Church

Chakung Rumbuk Church

Wak Presbyterian Church

Phambong Presbvterian Church

Rheno ck Presbyterian Church

Mangan Pcnticost:al Church

Mosque at Gangtok

19

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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. No t.i hca t io n 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,~11 I", ,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, A ftcr as(.~>rta Iru ng the ,'\ppropria IT. Ci rclc, class a nc] sub-class in the rna nnc-r aforesaid, 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 VA LENT

TO A STANDARD

ACRE

A.

PaddY/Cardamom II -do-

III·do-

I .00 acre

1.2 fj acres

I.so-do- IOn

:!..OO acres

2. _Io-do- l·oo-clo- l·oo-do-

B.

II -d~,- llI-do- l ll lhnju I Paddy/Card.~m()m \I -do-

Ill-do-

l DrY

iro..

llI-do:

Banjo

I Paddy jCan1ctmom '" t l-do-

1.10 Jeres

-, . so-do- -2.00-do- l,60·do- l·oo-do- -4-,oo-do· 4.00-do.] I . 10 a.cres _I .l7-do- I.GS-do-

1 . 10-cIo-

2. 7 ~.do- ~·30-do- ·~.lo-cl()- c,

1II.(lo- I Dr v

l1-do~

Ill-do-

Banjo

Bv Order of the Governor,

B. R. PRADHAN,

Secretary to the Government of Sikki III Low and Legislative Department, F 16 (t6) LLj78.

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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 ~

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G-OVERNME'NT ^,,

'GAZETT,E· , ,.. .~. EXTRAoRDINARY

PUBLISHED ,BY AUTHORITY

\,

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,,' .

Gangtok, Thursday, November 239 1978

. ~. ,",4 ~--/-,~------~----~-----------~ No~ ,158 .", .

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'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 ' I on the zsth day of October, 1978 is hereby 'published for generaUnformation.' . '

, .

SIKKIM; ACT NO. 21 OF- 1978 ',; AGRICULTURAL LAND ' CEILING' AN~, REFORMS (AMENDMENT) ACt, 1978,'

AN i :

ACT. .

"

THE· SIKKIM

,

to amend the Sikkim Agricultural Land Ceiling and Reforms Act, 1977

[

!__ (Sikkim Act No. 14 of 1978). ,"

I WHEREAS in order to facilitate the proper implementation _ of the Sikkim Agricultural Land Ceiling and Reforms Act (Sikkim Act \ No. 14 of 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 \

21

,

Amendment of

Section 6 Ceiling limit. ,

~I

...

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_ 3. , In sub-section (1) of Section 5 of the Act, the', words "from tiT',~ 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~s for different areas of the State. " " ' '. ' , , ' ,. , . "

Explanation 11-' Land held, by' a, 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. ,,"

4.' For Section 6 of the Act, the following shall be and' shall always be deemed to have been substituted, namely:':.....' . ., .

6. (1) The ceiling shall be- , ,(a) 'iii the cas'eor person having no family, or' a. , family consisting ofnot more than five mem- "I bets, twelve and a half standard acres, arid.', I (b). in the case of a person having a family 'con- ' J~ ; sisting of. more than five' members;" twelve / ' -and a half standard acres increased by two' , standard acres for each member in excess of

"five, so however, that the ceiling area shall not ~i-f; exceed twenty and a half standard acres., " ."

Exp~an~t~on-'(1) F6~ 't!Ie purpose 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 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 and his share in his' father's holding or in ancestral holding shall be aggregated along with other land,' if .any, held by .him for the, purposes of determining

"his ceiling limit., " ,.' \, '

EXplanation 1....No 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. ,- , .' '_

'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. ~ , ' ,

The provisions of this Act shall not apply to - , " . Land used for growing tea to the extent notified. by the State' ~~de~~~1:d~/the St~te bo~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: , ' '

(4)

.. ' (a) , (b), , ~,

'I

,j

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j

,1

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22

,. ,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 I areas for the State shall be determined in the manner provided ill Schedule II." ' - < , . . .'

5. ,In Section 7 of the Act, the words "or cause any altera- tionin the use of such land" shall be and shall always be deemed to have

"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 and shall always be deemed to have been substituted, namely:-

"(I) on the basis of the statement filed by a person under sub-section (1) of Section ~ and in cases where .a person 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~g shali be and" shall ..always be deemed to have been inserted, namely:- "

"Competent authority ,to have powers of a Civil' Court.

9A. ,The Competent Authority -shall, for the purpose of this, Chapter, have the powers,' 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

"Section 13" the words and figures "or' Section 14", shall be and shall always be deemed to have been inserted. r" '

, 9. (1) For sub-section (2) of Section 1i of the Act the' following shall be and shall always be deemed to have been substituted,namely:-

Amendment of

Section 7

Amendment of

.,Section· 9~ .

Insertion of

, new, Section

after Section 9

.Amendment of

Section 10

Amendment of

Section 11

" .

23

Amendment of ", Section 12

Amendment of Section 14

Amendment of Section 15

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 11 of 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), a person 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".

10. " Insub-section (1) of Section 12 of the Act for clausesji) 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". '

11. ' ' In sub-section (1) of Section 14 of the Act, the' words "thirty days" shall be and shall always be deemed to have 'been substituted by thy words "sixty days". ., ':

12. In Section 15 of the Act the foll owing proviso shall and shall 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, the entire amount shall be paid in a lump sum", ' , '\ r

13.· ! After Section 1,8~f the Act the' following Sections shall be and, =: J< , shall always be deemed to have been added, namely,-,

,

Insertion 'of new Sections after Section 18 ~'State Government to be party to all proceedings. Penalties,

Recovery of arrears of land revenue and other Government dues,

,.'

:"

18A. The State Government shall be party to all 'proceedings under:

the provisions of this Chapter: .

18B. Whoever contravenes any order passed under this chapter or, obstructs, any person from taking possession of any land under - Section, 11 or 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., "" ,,' ,

1'8C. , All arrears of landrevenue and other Government dues in

. respect of any-holding or holdings, part orparts whereof hasl 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. '~ ..

24

. ceedings shall lie against any person or the

" state Government for anything done or purported to have been done in good faith or in pursuance. of, thisAct or any rule framed or order passed under this A~t."

In Section 37 of the Act the following proviso shall be and ~hall be deemed to have been added, namely:-",

"Provided, that no order under this Section shall be made by the 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:. 1 of the Act thefollowing shall be and shanlns~rtion of always be deemed to have been added, n~u1\eiy:~' Schedule 11 ~<:\very of excess

'amount paid.

~T

"

l8D. Where on account of an arithmetical error aperson has been paid any amount 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 an opportunity of being heard by the Competent Authority."

\ " '. .

14. Section 21 of the Act shall be and shall always be deemed to have been omitted. , r

15. In Section 32 of the Act the following proviso shall be and shall always be deemed to have been added, namely:- '

"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 shall always be deemed to have been omitted.'

17. . After Section 3'6of the Act the following shall ,be andshall always be deemed to have been added, namelys=- .!

\ \.

/

"Protection for acts done in good faith. ; .

18.

always

. d .Omission of Section 21. Amendment of Section 32 .

. Amendment of Section 36 (2).. Insertion of , hew Section after. Section 36

, ,.,

25

. 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

A. I Paddy/Cardamom'^1.00acre II -do- . 1.25 acres III -do- L50 -do-

l Dry 2.00 acres

II -do- (.^2.50-do-

III -do- 3;00 -do- Banjo J.OO-do- . 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- , I Paddy/Cardamom 1.30 acres II -do-

1.50 -do- III -do- ...•. , 2;00 -do- -'

• ^IDry2.60-do-.:

II -do- 3.00 -do- III -do- ^\

4.00 -do- Banjo 4.00 -do-"

B.

C.

21. The Sikkim Agricultural Land Ceiling and' Reforms (Ainendment) Ordinance, 1978 (Ordinance No.3 of 1978) is hereby repealed. Repeal.

By Order..

B.. R. PRADHAN,

Secretary' to the Government of Sikkim, Law & Legislative Department. F. 16(16)LLj78 .•..,__ o.-.... ...;..;. ---:" ~ _ PRINTED AT THE SIKKIM GOVERl'-lMENT' PRESS /

.11, .

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,/" V· !'

THE SUBSEQUENT AMENDMENTS TO THE SIKKIM AGRICULTURAL LAND CEILING AND

REFORMS ACT, 1977 (ACT NO. 14 OF 1978) AMENDED AND

UPDATED UPTO NOVEMBER, 1978

26