The Sikkim Agriculture Land Ceiling and Reforms Act 1977

51KKI M
GOVERNMENT GAZETTE
EXTRAORD,INARY
PUBLISHED BY AUTHORITY.!.'
No. 45 f':ttc.gtok, Saturday, June 30, 1979
----.----'----~--
j,./\ WAND U::(;ISLATI VI' I)U';\ J\TMINT
NOTi'FICi\TION
No. l4-jLL/7~
Dared C~,ngt()k, 1"11<'21)(1 June, 1<)78.
The following Act orth(: Sikkim Lcgi:ilJtil'l' f\ss('mhl., h~ljllg rl'c,:jl(:'d dO(' asxcn t of the
President 011 the 2 rst da:' orM<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]UAS ACT, 1977
. (As am(ended hy Sikkim !\ct. Nu. 21 0:' i 97X 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
to provide for the i1111'0si';')n or,)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
sLlch 1.1ncisdircctlv 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
agl'icultmal lands held by the bustiwallas and other pel-sons in the State orSikkim,
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:-
Short: tit lc, extent 1 ,
olld COIlHlICIlCC/1JCnr.
D1711itil"/1S. 2,
CHAPTER
PRELIMINARY
This Act may he called lht' Sikkim Agricultural L,lIHI Ceiling ••nd
R"Forms Act, 1977.
(1) It extends to the who le of Sikkim ,
(I )
el) It shall come into P'orce on such date as the State Government may,
hy notihcation , appoint.
In this Act, unless the context otherwise requires,--
"aclhiadar" means a person who cultivates the land of a bust iwa lla
on condition of delivering to or loeceiving from the hustiwalla ,1 shan'
of the produce of such land.
'agricultural vcar ' means the Fas]i )'<~Jrbeing the period of tw elve
calcn dnr 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 Lngl ish Year immediately following;
',1gricultur,11 land'means land which is ordinarily used or which is
(:,l[>,.bl(' orbeing 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;
'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
;;yilnoth~;~-(;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
'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 tyunder this Act for such area as may be
SpCCif1Cclin the notification and different persons or authorities Jllay
he ;]\!thori"ed to perform different functions;
(h)
(c)
(rl)
(e)

/
Act /0 override Miler 3.
/0,...,:
Determinotior. ~'r
/'"sriwaJJa.
3
(h) ',[;\te of vesting' means the date mentioned ill the norification under
sub-section (,) of section I I ;
(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.]
(i i) 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
in respect or 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, inst itut ions 01' aurhnrit ies holding
agl'icultura.l lands before the notified (late.
(0)
'religious purpose' means a purpose connectcd with n~ligiolis worship ,
teaching or service or any performance orr-eligious rites j
'kut.iadar' rne-anx a person who cultivz.tes ;, land ora bustiwalla on con-
dit.ion of delivering a fixed <JlIantit~, of produce orthe 1.11](1or any
other fixed amount to the, busriwalla.
(1 ) '1'11(' prOvisions of this Act shall hale d'l('C( not.withsrandinjj am'thing
to the. contrary contained in am' ot.her lall' or any contract 0;' an)'
usage or custom;
(2) for the removal
and all persons
under the State
of doubts it is herehy declared rhar all bustiwallas
holding agricultllral lands hold such lands directly
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,
4· If dny question arises as to whetheranv personisa bustiwallaor not,
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
6,
CHAPTER 11
CHUNG ON AGRICULTUHAL LAN!)
The State Government' may 1 [ *~,*] hl' notification declare that
with eflcct from the date mentioned in the notification (hcreinaftcr
in this Act refer-red to as the notified date) no person
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 rna v notil'v different dates
fin different. i1IT,~~orthe State, "
Explanation 11- Lend hdd by a 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[':""*]
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 , <111 linds held bv a person in-
d ividuallv or jointly with other members of his famil)' sl.al] ht' deemed. to h" held
Persons not entitled <;,
to hold a8riw!tlIro!
land ill excess orcci/il18 limit,
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 <1 sepa.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«
witl: othcr 1.111<1,.r ~n), Iwld. hy him for the purposes orrlct{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(',)liol1 nJcrre(1 to in suh-scctio n 1 of Section \- or on the date of
1'11[111'(' acqu isitio n o:'!alld under Section 16 shall be decl1wd to he an adult.
1·:,xpl~n.ltiol11T- Th,~ ex nrcssion "adult son" includes <111adult SOil, who is rkad anc]
Ivs kf't slll"viving hehind'bim his widow, mi no r sons or daughters (other than J)1,}ITied
d,1L1l~Il\(Ts) who either do r ot. own any land or hold land less than twelve .1{1<1a 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) sixrv stanclar:l acres , il'it i:; listed ill Group f\ of Schedule 1, and
\:») i\\,';,~v-five standard acres, if it iis listed in Group B orSchedule 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-
(h)
lTl:('nl- ;
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-
ver rrmcnt-o r hy il local authority;
(C) land held by <1co-operative society including ,,-co ..o pcrar ive Bank, the
State B~i1k of India, <1 subsicliar-,' 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;
~-.--..--- ..-.-----.------.-----
(r)
~.
The 'words "from time to time" is deleted by sub ..section (I) of
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, 2 r of ILnS,
Dckt(~d 11;;svb-section (2) of Section j of the Sikkim f\gri cultural
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
Tranycr1lahd.
.. .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
c, (d) .I~ndhera f•.;j·iHdu'striill' purpose» to the extent notified by the Stare
Covernrnent ill ['ae!) c;is(: arid ((ii' rlic p('),:iod the Land continues to he used [or such
purposes.
Explanation - 1 Use 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 arnount to LIse fill' Industrial purposes.
en The "st<lnc[jj·d aCre" for differei1t areas for the State shall be. deter-
rnifted in 'tht~l.anner provided in Schedule II. )
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 byway 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.
() Every person holdiJig agricultural land in excess orthe ceiling lirnit
on the notified date sha]! within such period as may be prescribed lile a state-
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 co mpctentauthor 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 maybe prescribed.
(J) 3 [ Pl1the basis of the statement filed by it person uncle r sub-section (I)
ofSection ~ and in cases where a person faih to lile a.statement ins-
pite of service of a notice under sub-section (1) of the said section.
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\ovingpartioulars, 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 of agficulturallands which such person intends
to retain 'Within the Ceiling limit;
(iv ) such other particulars as ri",-yb~~>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 suchfurther 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 andthe competent authority shall, after giving the
objector a,reasonable opportunity of being heard, pass such orders
asit deems fit.
l'er.ions holding land ::;.
ih e.•cess c:l c~iJillH
[imit toJile stmement
Preporauon of dt'?Jf 9.
stiitenieM.( a,~ren<1rds
/Qncisin exces,,'of
n:i/in,g limit.
1&2. Inserted by~eCtion S of the Sikkim Agricultural Land C;eiling and Reforms
(Amendment) Act No. 21 of 1978. .
Substituted bysection 6 of Sikkitn Agricultural Land Ceiling and Reforms•••• .•••••• (1. '"
3·

CompetentolttlwJ'ity· 1
to have powers cJ'a
Civil COUft.
",.
iinalstctcment, 10.
Ve.<tiuB~rlands in I I. (I )
aces" ~/ ceilin,q limit.
" .
!<.1)'l1Imt()lamotilli. r z.'. (I)
.foracess 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 date 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 surre nder 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.
[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 TJ the State Government shall payto 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 bysection 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,~ ""... '"'~ " "'"--J I<
(Il
(-1-)
[( 0

Eonstitsuion C?Ihi- J 3·
bunal and appeals
thereto,
Sewnd oppeal to 14.
state Land Tribunal,
·7
\.
\"'",:' ';'(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 ofopinion 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.

.:1 ;", '.i;,
, ,
'"
,ild~~d/,P6}i;ieiitdf ir'
(1hlOit;i~,' ,
, i'
(:~j hilsIiiilit ~/
}utureacqi/Wtilhl
,~(land:
. ". ".
~••r "fjurisdiction, ii:
". ,!.;.
(tI[i;~~itjOIl' bj'
~;tl1t;rati>;',~,"
·i ." ··
';':':r"
'. il,_
.';'
' .. ;.,
i'(il"'" s~vf~5dtlMi',~li~rt·&dddd;:noCourt 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 " , '
~ ': 1'· .
1(\.
i ~,(1)
, J.
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 <iga:lfistsu'cBCiraeri.thdC'r Section 1.3, or under Section '4,
'''irhin ~petidd6r tennToir;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
orthe' order' l;nd~r stSdiott f:2 until final payment.
I' [Prcivided d{;itwh.~tethe .imouht payable to a person does not
d~teeCl.thesUni'<)frupeesor;~thousand, the entire amount shall he
i;aicl irt ~' h.iHit>sutri.]
(() Ifon or after tile comrrienecrnent of this Act or on or after the noti-
fieddate 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'lltbefOretKeconlp~teilt <ilr,tliority having jurisdiction' spedfxi~gtI~eexteni:, location andJuch other particulars as may h't!,prdcrrBM
of aIIt~e agr,icultltral la,nc\s held 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 ,
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.
Whereanylalld vested in theState 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
hysub-section (I) toretain 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 othcr 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 orcultivation 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-
forms (Arriendiiieilt)Act No. JI of r'78.

Stare GOl'crnlnenr to 2 [J8A.
be party to all pro-
cceJil1[/.i.
Pcnalt ies.
fl"ecovcrJ orarrears 4 [1RC.
c:/1olld revenue and other
Government dues,
Becoveryof 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
<lny amount in excess of what he is entitled to under Section 1 2,
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)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.

'rcpat;atiotl '?f
r~cMd-of-l'i!1h<,
Drc:.ftand Jim,/
plibJicatiol1 ~fth{j
-rec{,r(}-if-l\qbt-<:
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 ofrecord - 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 , .
(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<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 by an 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
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

Bar '!/jtrrisdictioll 22.
~Icivi] court in res-
p.ect ?!certain mat-
ters .
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) When an order has been made under Section 19 directing 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 <lny suit 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.

i'rincipJes ~fdis-
tribution eflands,
CHAPtl':R IV
mSTRlBUTrON OF VESTED LANDS
23· Subject to the provisions of this Act and the rules made the-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,

1.3
CHAPTER V
Nl'ANAGEMftNT OF LA,NDS VESTED IN THE ST,HE
J!allcIaerM(!t!!/. ' ,
~dted 1ddd~rtii~
SUIte.
.\it \a:)l:dsand 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,entot: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.

uJbililJ~to pa)'
f,cFemtr.
Determination f!f 26.-
RawlIeond appeal.
c:
14
CH.APTER VJ
PROVISIONS AS'TO REVENUE
2S· Every person sh~.ltbe:liable to p~yrevenue to ,th'eState ;GOVC)'I'lment
Forithe Iands allowed to be retained by him within the 'cciling\li rnit..
(2) Revenueshal]. be the first charge on the lands.
A person shall payas 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 I he 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 1.3and such appeal shall be disposed of in the manner provi-
ded in Section ) 3.

Cemmencement and 27.
41~~rridinH~1fcct.
Restrictions all ali- 28.
enaf.ion ~flands bJ
.Scbeduled [film.
Tratl~fer cd'land by 2,.Sctveduled Tribes.
flor on reaistrCltioll
ofdocuments ortr(/l1.~fCr.
Power~j'R'lfwue
OJjicerto 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) to meet the expenses for the maintenance, 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(~cJIauthorities. 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 <lny wa::,'
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

I' ',1.
RestriCtion0;' the
~a7einexeciltjri[j~f'
decree ororder,
./lartoSiiit.!andH-.
other proce~(liniJs.
Certain lai,Ysto ) ),
ceaseto hare effect,
t':3:i'11"anorder of ejectment under sub-section (I) or an or·'".r .
br restoration under ,s:Lfb-section (1} is, pot complied with withtn
i:hirty da)'silf the.passirig of sJdi oider Ji' ~vithin such further period
3.~ may be extended bythe Revenue Officer for. go(?d andsL~fficient
reason, the Collectior 61' the district in which such land issihjatdl,
shall on iI ,requisition tothat elfeh from the Revenue ()ffkJr, cif~tt
such cj~cthient arid festOi-ati6h ahafor that purpose use such force
~·srnav 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 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 3 1 m~y, within 'thirty days from the date of such order, appeal
to the Tr ibunn] constituted under Section 1.1and 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 shaII 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 ..

./
frotccUonjfn acts :l (;61\,
dOIl~ ill i)(l(l(lj(lith,
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 [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:-
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<l\'!" S\II>-
section (2) of section 9;
the manner orserving 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(, ;
the prcpal';tlion ;,:1,1 revision of record-oF-righ.ts under Section I');
publication of the cl.r,tFtand fin.,I recOI'd-of-rights under Section 20,
the period of such publication. the period with

Excerpt shown. Open the full act in Lexace.

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