The SIKKIM LAND ACT,2014

GOVERNMENT GAZETTE
Gangtok
EXTRAORDINARY
PUBLISHED BY AUTHOI=1ITY
,-------------------------Saturday 31st May, 2014 No. 228
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No.5/LO/P/14 Dated:30/05/2014
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received the
;"lSS(-")nt of the Governor on 26th day of February, 2014 is hereby published for general
intormation-
THE SIKKIM LAND ACT, 2014
(ACT NO.5 OF 2014)
AN
ACT
To provide for consolidation and updating the records of Rights of persons allotted
qovernment land in the State prior to 26th April 1975 and also to deal with consolidation and
updating records of Rights of the heirs and descendants of the persons allotted government
land prior to 26th April 1975 in the State.
BE it enacted by the legislature of Sikkim in the sixty-fifth year of the Republic of India,
as follows:
Short title and
Commencement
1. (i) This Act may be called the Sikkim land Act, 2014.
(ii) It extends to the whole of Sikkim
(iii) It shall come into force on such date as the State Government
may by notification in the official gazette appoint.
Definition 2. in this Act, unless the context otherwise requires>
(a) "Act" means the Sikkirn Land Act 2014;
(b) "Authority" means the State Government or any office or
department functioning under the Sta.te Government or such
department as may be specifically notified in this behalf and
includes the Government of Sikkim functioning prior to 26t() April
1975;

Validation
land holding
Procedure
(c) "Government" means the Government of Sikkim and includes the
Administrative department of the Land Revenue and Disaster
Management Department, Government of Sikkim, including the
Government of Sikkim functioning prior to 26111April -1975;
(d) "Land" means Government land;
(e) ."Prescribed Authority" means an authority appointed by the State
Government by notification for all or any of the purposes of this Act;
(f) "Rights" means the Rights as may have accrued at the time of
settlement by the order of the authority of the Government;
(g) "State" means the Govermnent of Sikkim and includes the
Government o! Sikkim functioning prior to 26111April 1975.
3. (i) Any person holding any Governr-nent land allotted by any authority
of the Government prior to 261h April 1975 irrespective of the nature
of the land shall while continuinq to hold such land will enjoy such
rights and liabilities as applicable in relation to such land and their
heir also shall continue to enjoy such rights and liabilities in respect
of such holdings;
(ii) sub-section (1) shall have application only in respect of such land
holding which were Government land at the time of allotment and
obtained through allotment order of the Government;
(iii) where a holder of such land has not obtained either registration
or mutation or both of his land the same shall be affected within a
period of 12 (twelve) months from the date of publication of this Act
or within such further perioc as may be notified in this behalf on
production of documents in proof of such holding.
4. (i) Person holding such land either by way of allotment or otherwise
shall appear before the prescribed authority for obtaining registration
and mutation of the land in those cases where no such registration
and mutation have been done;
(ii) the prescribed authority shall on receipt of the application for
registration and mutation verify the same and publish it inviting
objection, if any, within a period of 30 (thirty) days from the date of
publication of notification and thereafter shall proceed to dispose
of the registration and mutation application as per the rule as may
be prescribed;
(iii) where the prescribed authority isof the opinion that the registration
and mutation cannot be accorded he shal! call upon the applicant
to adduce additional material/evidence, ifany, within 30 (thirty) days
to support the registration and mutation application;
(iv) on receipt of such additional material, if any, the registration and
mutation application shall be dealt with on its merit;
2

Power to make
Rules
(v) where registration and mutation application has been accepted
the prescribed authority shall issue registration and mutation
certificate in the prescribed format as may be provided under
the rules on payment of requisite fees as may be prescribed.
5. The State Government may make rules to carry out the purposes of
this Act.
(Lakchung Sherpa) SSJS
L.R-cum-Secretary,
Law Department.
File No. 16 (82) LDf77-2014

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