The SIKKIM DETERMINATION OF LEASE ACT,2014

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Friday 6TH February, 2015 No.28
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No.11/LD/P15 Date: 5.2.2015
NOTIFICATION
The following Act passed bythe Sikkim Legislative Assembly and having received assent
of the Governor on 28th day of November, 2014 is hereby published for general information:-
THE SIKKIM DETERMINATION OF LEASE ACT, 2014
(Act No. 11 of 2014)
AN
ACT
to provide for a law to deal with determination, termination or cancellation of lease in public
interest executed between the State Government or its undertaking and a company or any other person
or entity claiming through or under it and for the matters connected therewith or incidental thereto.
Be it enacted by the Legislature of Sikkim in the Sixty-fifth Year of the Republic of India as
follows:-
Short title, extent, 1
application and
commencement
(1) This Act may be called the Sikkim Determination of Lease Act,
2014
(2) It extends to the whole of Sikkim and shall apply to lease
executed between the State Government or its undertakings
and a company or any other person or entity claiming thro uqh
or under it.
(3) It shall come into force at once.
Definitions 2 In this Act, unless the context otherwise requires:-
(a) "Authority" means the authority as may be notified by the State
Government;

,
(b) "Court"meanstheCivilCourthavingjurisdictioninthematter;
(c) "Lease deed" rnearis the document containing the lease
agreement governing the relation between lessor and lessee
executed as per the provisions of law for the time being in force
in Sikkim;
Determination (d) "State Government" means the State Government of Sikkim.
3 (1) Notwithstanding anything contained in any lease deed to the
of lease contrary, the State Government, wherever itdeems it expedient,
may determine the period of lease or terminate or cancel the
lease in public interest if the land which was taken on lease has
remained unutilized for the purpose for which it was taken and
the implementation of the project on the land taken on lease is or
was part of a litigation for non-implementation of the project for
which land was taken on lease. On such determination or
termination or cancellation of the lease, the land shall be deemed
to have been reverted back to the lessor.
\
.~ (2) Where the period of lease has been determined or the lease has
been terminated or cancelled, the lessee shall hand over the
possession of the land to the lessor within a period of 1 (one)
month from the date of the order passed under sub-section (1).
(3) Any such determination of period of lease or termination or
cancellation of lease shall be preceded byi::;~ueof a notice giving
15 (fifteen) days time to the Lessee or any other person or entity
claiming through or under it, to show cause as to why the lease
period shall not be determined or lease terminated or cancelled
and upon consideration of reply, ifany, to the show cause notice,
necessary order may be passed by the authority either
determining or terminating or canceling such lease.
Settlement of 4 (1) Any dispute arising out of determination or termination or
cancellation of lease deed shall be adjudicated upon by a Civil
dispute Court of competent jurisdiction.
(2) While deciding the dispute, the Civil Court shall be guided by
the fact that the Lessee, was having only leasehold rights in
the land.
Lakchung Sherpa (SSJS)
L.R -cum-Secretary
Law Department.
S.G.P.G. -28/Com.9/Gazette/30 Cps./06.02.2015

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