The SIKKIM LAND (REQUSITION AND AQUISITION) ACT,1977

THE SIKKIM LAND (REQUISITION AND
ACQUISITION) ACT, 1977
ACT NO. 1 OF 1-978
(Received the assent of the President on the 11th day of January, 1978)
AN
ACT
to provide for the requisition and speedy acquisition of land for certain purposes.
[11th January, 1978J
WHEREAS it is expedient to provide for the requisition and speedy acqui-
sition of land for public purposes as defined hereafter;
Be it enacted by the Legislature of Sikkim in the Twenty-eighth Year of the
Republic of India as follows:-
l. (I) This Act may be ca1\ed the Sikkim Land (Requisition
and Acquisition) Act, 1977.
(2) It extends to the whole of Sikkim.
(3) It shall come into force on such date as the State
Government may by notification appoint.
Short title, extent
and Commence-
ment.
2. In this Act, unless there is anything repugnant in the
subject or context,-
Definitions.
(I) "Collector" means the Collector· of the district where
the land is situated and includes any other officer
specially empowered by the State Government to
perform the functions of a Collector under this Act;
(2) "Court" means a principal Civil Court of original
jurisdiction and includes the Court of any Additional
District Judge and also the Court of a Civil Judge
whom the State Government may appoint.by name or
by virtue of his office, to perform all or any of the
functions of the Court under this Act within ..such
local limits, if any, as may be specified and in the
case of a Civil Judge, upto the limits of the pecu-
niary jurisdiction with which he is vested for the
time being;
(3) "Cultivator" means a person who cultivates the land
of another person on condition of deliveringa share
or any fixd quantity of the produce of 'any fixed
amount to that person;

(4)· "incumbrance", in relation to any land, includes all
rights or interests of whatever nature belonging to
any tenant, licensee, cultivator or trespasser or any
other preson;
(5) "land" includes benefits to arise out of land and
things attached to earth or permanently fastened to
anything attached to the earth and also includes any
incumbrance in relation to such land;
(6) "notification" means a notification published in the
Official. Gazette;
(7) "person' interested' includes all persons claiming an
interest in the amount to be paid on account of the
requisition or the acquisition of land under this Act;
and a person shall be deemed to be interested in the
land if he is interested in an easement affecting
the land;
(8) "prcscrib~d" means prescribed by rules made under
this Act;
(9) "public purpose" shall mean and include-s-
(a) the provision for sanitary improvements of any kind,
including reclamation;
(b) (he provision for laying out of village sites, town-
ships or the extension, planned development or impro-
vement of existing village sites or townships;
(c) the provision of land for town or rural planning under
any law relating to such planning;
(d) the provision of land,-
(i) for maintaining supplies and services essen tial to
the life of the community;
(ii) for providing proper facilities for transport, comm-
unication, irrigation or drainage;
(iii) for carrying out any housing scheme, Health scheme
. or any development scheme relating to agriculture.
animal husbandry, irrigational facilities or prom-
otion of tourism, sponsored by the State Government
or any local authority;
(iv) for the creation of better living conditions in rural
Or urban areas, by clearing slum areas, relieving
congestion or otherwise;

(v) for housing poor, landless or displaced persons or
persons residing in areas affected by land slides
floods or other similar natural calamities;
(e) the provision of land for,-
(i) residential accomodation for any person serving
under the Government where the provision of
such accomodation is, in the opinion of the State
Government, necessary in the interest of public
service;
(ii) building for locating a Government or other public
offices;
(f) the provision of land for the establishment, extension
or further development of any trade or industry or
other concern owned, managed, controlled or natio-
nalised by the Government;
(g) the provision of land for establishing industrial estates
by way of planned development from public funds
and subsequent disposal thereof in whole or in part
by lease, assignment or other modes of transfer;
(11) the provision of land for corporation owned, managed
or controlled by the Government or for any municipal
corporation or other local authority or for the esta-
blishment or development of any educational institution;
(i) the provision of land for a company, corporation or
co-operative society for some work which, in the opinion
of the State Government, is to be substantially useful
for and beneficial for the public;
(j) the provision of land for the relief of the poor, medi-
cal relief, education or advancement of any other
object of general public utility.
3. (1) If the State Government is of the opinion that Itis
necessary so to do for any public purpose, the State Gover-
nment may, by order ill writing, requisition any land and may
make such further orders as appear to it to be necessary or
expedient in connection with the requisitioning:
Provided no land used for the purpose of religious
worship or used by an educational or charitable institution
shall be requisitioned under this section.
(2) A Collector, when authorised by the State Government
Powerto requi-
sition.

in this behalf, may exercise within his jurisdiction the
powers conferred by sub-section (1).
(3) An order under sub-section (1) or sub-section (2) shall
be served in the manner prescribed on the owner of
the land and where the land is in the occupation of
an occupier, not being the owner of the land, also
on such occupier.
(4) If any· person fails to comply with an order made
under sub-section (1) or sub-section (2), the Collector
or any other person authorised by him in writing in
this behalf shall execute the order in such manner as
he considers expedient and may,-
(a) if he is a magistrate. enforce the delivery of possession
of the land in respect of which the order has been
made, to himself, or
(b) ifhe is not a Magistrate apply to a Magistrate and such
Magistra te shall enforce tbe delivery of possession of
such land to him.
Acquisition of
land.
4. (1) Where any land has been requisitioned under section
3, for any public purpose. the State Government may use or
deal with such land for such public purpose or any other
public purpose.
1[2 If the State Government is of opinion that it IS
necessary to acquire for a public purpose any land
requisitioned under section 3, it may acquire such land
by publishing notification to the effect that such land
is required to be acquired for such purpose and that
the State Government has decided to acquire such land:
Provided that before issuing such notification, the State
Government shall call upon the person interested or any other
person who, in the opinion of the State Government. may
be interested in such property to show cause why the property
shall not be acquired and after considering the cause, if any,
shown by the person interested in the land and after giving
the party an opportunity of being. heard, the State Government
may pass such order as it deems fit].
(3) Where such a notification is published, the land
requisitioned under section 3 shall, on and from. the
..-_.._-_-. ------__ _._._.._ _-_------------------------
L Subs. by sec. 2 (a) of the Sikkim Land (Requisition and Aquisition) (Arnd.) Act, No. 13 of
1978 (w, e. f. 22.4.1978).

beginning of the day on .which the notification is
published, vest absolutely in the State Government
free' from all incumbrances and the period of requi-
sition of such land shall end forthwith.
5, (I) After the publication of a notification under -sub-section
(2) of section 4 the Collector shall cause public notice to be
given at convenient places on or near the land acquired sta-
ting that the State Government has acquired the land and that
claims to the amount payable for the acquisition of such land
may be made to him.
(2) Such public notice shall state the particulars of the
land so acquired and shall require all persons intere-
sted in the land to appear personally or by agent
before the Collector at such place and on such date
and at such time as may be mentioned therein, not
being earlier than fifteen days after the publication of
such notice and to state in writing and. signed by
such person or his agent the nature and particulars
of their claims to the amount payable for the acqui-
sition of such land.
(3) The Collector shall also serve notice in the man-
ner prescribed on the occupier, if any, of such land
and on all such persons known or believed to be
interested therein or to be entitled to act for such
occupier or person so interested. as reside or have.
agents authorised to receive service on their behalf,
within the district within which the land is situated.
(4) In case any person so interested resides elsewhere
and has no such agent, the notice shall be sent to him
by registered post to his last known residence, address
or place of business.
6. (1) Where any land requisitioned under section 3 is not
acquired and is to be released from requisition, the State Gover-
nment may, after making such inquiry as it considers necessary,
specify, by order in writing, who appears to it to be entitled to
the possession of such land.
(2) The delivery of possession of such land to the
person' specified in the order made under sub section
(1) shall 'be a full discharge of any liability of the State
Government for' any .claim for any amoun t payable for
requisition or other claim in respect of such land
Notice to persons
interested.
Release from
requisition.

Amount payablefor
requisition.
for any period after the date of delivery, but shall
not prejudice any right in respect of such land which
any other person may be entitled by due process of
law to enforce against the person to whom possession
of the land is so delivered.
(3) Where the person specified in the order made under
sub-section (I) cannot be found or is not readily tracea-
ble or has no agent or other person empowered to
accept delivery on his behalf,· the State Government
shall publish a notification declaring that such land is
released from requisition and. shall cause a copy of
such notification to be affixed on some conspicuous
part of the land.
(4) On the publication of such a notification under
sub-section (3), the land specified in such notification
sha1l cease to be subject to requisition on and from
the date of such publication and shall be deemed to
have been delivered to the person specified in the
order made under sub-section 0) and the State Govern-
ment shall not be liable to pay any amount or
other claims in respect of such land. for any period
after the said date.
7. (1) Whenever any, land is acquired under section 4,
there shall be paid to every person interested an amount which
shall be determined by the Collector in the manner and in
accordance with the· principles of section 23 of the Land
Acquisition Act, 1894, so far as they may be applicable:
Provided th~t the market value referred to in clause
first of sub-section (l) of section 23 of the said Ad shall,
in respect of any land acquired under this Act, be deemed to
be the price which such land would have fetched in the open
market if it had remained in the same state and condition
. as it was on the date of the order of requisition under section 3
and been 'sold on the date of the publication of the notifi-
cation referred to in sub-section (2) of section 4.
(2) When the amount has been determinined under
sub-section (I), the Collector shall, in accordance with
the provisions of section 11of Land Acquisition Act,
1894, so far as they may be applicably, make an award
under his hand of-
1 of 1894.

(i) the true area of the land;
(ii) the amount determined as payable for the
land; and
(iii) the apportionment of the said amount among
all the persons known or believed to be interested,
of whom, or of whose claims, he has information,
whether or not they have respectively appeared
before him:
Provided that interest at the rate of six per centum
per annum on the amount under the award from the date of
the publication of the notification under sub-section (2) of
section 4 until payment shall be included.
(3) (a) Such award shall be filed in the office of the
Collector and shall, except as hereinafter provided, be
final and conclusive evidence, as between the Collector
and the persons interested in the land, whether they
have respectively appeared before the Collector or not
of the true area and value of the land and the
apportionment of the amount among the persons
interested;
(b) the Collector shall give, in the prescribed
manner, immediate notice of his award to such of the
persons interested in the land as are not present
personally or by their representatives when the award
is made;
(c) Upon an award being made under the fore-
going provisions, the Collector shall proceed to make
payment in accordance with the provisions contained
in sections 3I to 33 of the Land Acquisition Act,
1894, so far as they may be applicable.
2 ["8. (1) Where any land is requisitioned under section 3,
there shall be paid to the person interested in respect of the
requisitioning of the land an amount, if any, as may be fixed
by agreement between the Collector and the person interested
and approved by the State Government in the manner pres-
cribed and the Collector shall make an award ordering pay-
ment of such amount;
(2) Where the Collector and the person interested do
Amount payable
for requisition.
2. Subs. by sec. 2 of the Slkkim Land (Requisition and Acquisition) Amd. Act. No. 13 of
1978 (w. e. f. 22.4. 1978).

not agree as to the amount or where the agreement arrived
at by and between them is not approved by the State Go-
vernment or where the person interested cannot be traced or
does not appear before the Collector when called upon to be
present for the purpose of the .deterrnination of the amount,
the amount payable for the requisitioning of the land shall
consist of.c.-
(a) a recurring payment, in respect of the period of
requisition, of a sum which would have been payable for the
use and occupation of the land, if it had been taken on lease
for that period; and
(b) such sum or sums, if any, as may be found
necessary to compensate the person interested for all or any of
the following:-
(i) pecuniary loss doe to requisitioning;
(ii) expenses on account of vacating the requisitioned
land;
(iii) expenses on account of reoccupying the land upon
release from requisition, and
(iv) damage (other than normal wear and tear or due
to natural causesj-caused to the land during the
period of requisition, including the expenses that
may have to be incurred for restoring the land
to the condition in which it was at the time of
requisition;
and the Collector shall make an award ordering pay-
ment of the amount so determined and shall give in the
prescribed manner immediate notice of his award to the person
interested in the land if he is not present personnally or by his re-
presentative when the award is made.]
Reference to Court. 9. (1) The Collector shall, in every case, where any person
interested being aggrieved by an award made under sub-section
(2) of section 7 or ~[* * *] sub-section (2) of section
8, makes an application requiring the matter to be referred
to the Court, refer the matter for the decision of the Court.
(2) The application shall state the grounds on which
objection to the award is taken and shall be made-
(a) If the applicant was present or represented
-----I. Omitted by sec. 2 of the Sikkim Land (Requisition and Aquisition) Amd. Act,
No. 13 of 1978 (w. c. f. 22.4.1978).

before the Collector at the time when the award was, ·made
within six weeks from the date of making, of the. award;
(b) in other cases, within six weeks of the receipt
of the notice from the Collector under clause (b) of sub-
section (3) of section 7 or clause (b) of sub-section. (2)
of section 8, as the case may be, or within six months
from the, date of the making of the award by the Col-
lector whichever period shall first' expire.
(3) . The provisions contained in" sections 19 to 22 and
sections 25 to 28 of the Land Acquisition Act, 1894, so
far as they may be applicable and the principles set out
in sub-section (1) and sub-section (2) of section 7 and
4.[* * *] sub-section (2) of section 8 of this Act so
far as they may be applicable, shall apply. in respect of
any reference made' t~ the Court under sub-s~ction (1).
(4) No person who has received any amount under the
award otherwise than. under· protest shall be entitled to
make any application under sub-section (I).
10. (1) Notwithstanding anything contained anywhere in this
Act or any other law for the time being in force, if 'any land
which is being cultivated by any cultivator is requisitioned or
acquired under this Act, the cultivator shall be paid an amount
determined in accordance with the principles set out in sub-
section (2) out of the amount payable for the requisition or
the acquisition of the land, as the case may be, to the person
interested in such land.
Payment to Culti-
vators.
(2) The amount to be paid to the cultivator .under sub-
section (l) shall be determined according to the following
principles, namely:-
(a) if. the cultivator has been cultivating. the land
for a period of more than five years but not more than
ten years on the date of the requisition or the acquisition
of the land, as the case may be, fifteen per cen t of the
amount payable for the requisition or the acquisition of
such land, as' the case may be;
(b) if the cultivator has been cultivating the land
for more than ten years but not more than fifteen years
on the date of the requisition or the acquisitionof the
land, as the case may be, twenty per cent of the amount
4. Omitted by sec. 2 of the Sikkim Land (Requisition and Aquisition) Arnd, Act,
No. 13 of 1978 (w. e. f. 22.4. 1978).

payable for the requisition or'the acquisition 'of the land
as the case may be;
(c) if the cultivator has been cultivating the land for
more than fifteen years on the date of the requisition or
the acquisition of the land, as the case may be, 'twenty
five per cent of the amount payable for the requisition or
the acquisition of the land, as the case may be.
Appeal. 11. The provisions of the Code of Civil. Procedure, 1908,
relating to appeals shall apply to an award made by the Court
on a reference under section 9, if such award were an original
decree passed' by the Court in exercise of its civil jurisdiction.
Power to enter up- 12. The State Government may, with a view to requisitioning or
on land, etc. acquiring any land or for the purpose of determination by the
Collector of the amount payable under this Act, by order.»
(a) require any person to furnish' to such authority
as may be specified in the order, such information in his
possession relating to land as may be specified;
(b) authorise any person-
(i) to enter upon and survey and take levels of any
land in such' locality;
(ii) to dig or bore into the sub-soil;
(iii) to do all other acts necessary to ascertain whether
the land is adapted for such purposes;
(iv) to set out, the boundaries of, the land proposed
to be taken and the intended line of the work (if
any) 'proposed to be made thereon;
(v) to make such levels, boundaries and line by pla-
cing marks and cutting trenches;
(vi) and, where otherwise the' survey cannot be com-
, pleted and" the.Tevels taken and the boundaries and
line marked, to cut down and clear away any part
of the standing crop, fence or jungle:
Provided that no person shill enter into any building
or upon any enclosed court or garden attached to .a dwelling
house (unless with the consent of the occupier thereof) with-
out previously giving such occupier at least seven days' notice
in writing '(If his intention to do so.
Requislt ion or 13. If the State Government is of the opinion, that it ,isnc.ces~
5 of 1908.

sary to requisition or acquire any land for any of the public
purposess as defined and specified in 5 ( clause (9) ] of section 2,
all such requisition and acquisition shall be made under and
in accordance with the provisions of this act and the rules
made thereunder and not under any other law inconsistent
with provision of this Act and the rules made thereunder.
14. If any person contravenes any 'order made under this Act,
he. shall be punishable with imprisonment for a term which may
extend to one year or with fine which may extend to two
thousand rupees or with both.
15. Save as otherwise provided in this Act, no decision or
order or award made in exercise of any power conferred by
or under this Act shall be called in question in any Court.
16. No suit, procecution or other legal proceeding shall lie
against the State Government or any officer of the State
Government or any other person for anything, or for any
damage caused or likely to be caused by anything, which is
in good faith done or intended to be done in pursuance of
this Act or any order made thereunder.
17. No award or agreement made under this Act shall be
chargeable with any Stamp Duty, and no person claiming under
any such award or agreement shall be liable to pay any fee
for a copy thereof.
18. (1) The State Government may make rules for carrying
out the purposes of this Act.
(2) In particular and without prejudice to the generality
of the foregoing powers, such rules may provide for all
or any of the following matters, namely:-
(a) the manner of service of orders on the owner
or occupier of land under sub-section (3) of section 3;
(b) the manner of service of notice on the persons
referred to in sub-section (3) of section 5;
(c) the manner of service of notice of award under
clause (b) sub-section (3) of section 7;
6 ["(d) t.he manner of approval by the State Govern-
Acquisition to be
made under this Act.
Penalty.
Saving.
Protection of action
taken under this
Act.
No Stamp Duty to
be paid for award or
agreement and no
fees to be paid for
copies thereof.
Power to make
rules,
.•..._.•_.._-_._----5. Subs. by sec. 2 of the Sikkirn Land (Requisition and Aquisition ) Arnd. Act No 13 of 1971
(w.e.f. 22.4.1(78).
6. Insetted by ibid.

ment of the amount fixed by agreement under sub-section
(1) of section 8".]
7 [(e) the manner of determination of and of giving
notice of the award to. the persons interested under
8 [* * *] sub-section (2) of section 8.]
Certain laws to
cease to apply.
19. The provisions of the Sikkim Public Security (Requisi-
tioning and Acquisition .of Immovable Property) Rules, 1962,
and any other law shall cease to apply and have any effect
to any matter for which provision is made in this Act.
7. Subs. by see 2 of the Sikkim Land (Requisition and Aquisition) Arnd. Act, No. 13
of 1978 (w.e.f, 22.4.197'8).
8. Omitted by ibid.
•

SIKKIM
GOVERN~1ENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 67 Gangtok, Saturday, May 6, 1978
,,----_.
LEGISLATIVE DEPARTMENT
NOTIFICA nON
No. 13/LLf78
Dated Gangtok, the 6th May, 1978.
The following Act of the Sikkim' Legislative Assembly having received the assent of the
president on zoth d"y of April, I 978 is hereby' published for general information.
, '
SIKKIM ACT NO. 13 OF 1978
THE SIKKIM LAND (REQUISITION AND ACQUISITION)
AMENDMENT ACT, 1978
AN
ACT
to amend the Sikkim Land (Requisition and Acquisition) Act, 1977 (Act No.1 of 1978.)
WHEREAS it is expedient to amend the Sikkim Land (Requisition and Acquisition) Act,
1977 (Act No. I of 1978) in the manner hereinafter appearing:
It ishereby enacted in the Twenty-ninth year of the Republic of India by the Legislature of
the State of Sikkim as follows !-
Short Title and COTll- I. (I) This Act may be called the Sikkim Land (Requisition and Acqui-
sition) Amendment Act, 197,8.
(2) It shall come into force at once.
mencement
Amendments in the
Sikkim Land (Requisi-
tion &..Acqtrisition)
Act, 1977 (Act No.
I of 1978
2. In the Sikkim Land (Requisition and Acquisition) Act, 1977 (Act No.1
of 1978) ;-
(a) for sub-section (2) of section 4. the following shall be and shall
always be deemed to have been substituted ;-
"( 2) If the State Government is of opinion that it is necessary to acquire
for a public purpose any land requisitioned under Section 3, -it may acquire such
land by publishing a notification to the effect that such land is required to be
acquired for such purpose and that the State Government has decided to acquire
such land :

2
Provided that before issuing such notification, the State Government 5h? 11
call upon the penon interested or any other person who, in the opinion of the Stat"
Government, may be interested ill such property to show cause why the pro-
perty shall not be acquired.and. after considering the cause, if any, shown by the
person intcrestedJn the land and. after giving the party an opportunity of being
heard, the State' Government l1l<1.y pass such order as it deems fit. "
(b) For Section 8, the following shall be and shall always be deemed to
have been substituted :- '
"8. (1) 'Where any land is requisitioned under Section 3, there shall be paid
to the person interested in respect of the requisitioning of the land an amount,
if any, as may be fixed by,agreement between the Collector and the person interested
and approved by the State Government in the manner prescribed and the Collector
shall make an award ordering payment of such amount;
(2) Where the Collector and the person interested do not agree as
to the amount or where the agreement arrived at hy and between them is not
approved by the State Government or where the person interested cannot he traced
or does not appear before the Collector 'when called upon to be present for the'
purpose of the determination of the amount , the amount payable [')r the requisi-
tioning of the land shall consist of -- .,
(a) a recurring payment, in respect of the period of requisition, of a
sum which would have been payable for the use and 'occupation of the land, if it
had been taken on lease for that period; and
(b) such sum o,r sums, if any, as may be found necessary to compensate'
the person interested for all or any of the following:-
(i) pecuniary loss due to requisitioning;
(ii) expenses on account of vacating the requisitioned land;
(iii) expenses on account of reoccupying the land upon release from ye-
quisition, and .
(iv) damage (other than normal wear and tear or due to natural causes)-
coused to the land during the period of requisition, including the
expenses that may have to be incurred for restoring the land to the
condition in which: it was at the time of requisition;
and the Collector shall make an award orde.ring payment of the amount so
determined and shall give in the prescribed mariner immediate notice of his award
to the person interested in the land if he is not present personnally or by his re-
presentative when the award i~ made,
(c) in sub-section (1) and sub-section (3) of section 9, the words"
brackets and letter "Clause (b) of" shall be and shall always be deemed to have
been deleted.
(d) in Section 13, for the word, brackets and figure" Clause (7)", the
word, brackets and figure "Clause (9)" shall be and shall always be deemed to
have been substituted.
(e) after clause (c) in sub-section (2) of Section 18, the following
clause shall be and shall always be deemed to have been inserted as clause (dL:...c..
"(d) the manner of approval by the State Government of the amount
.fixed by agreement under sub-section (I) of Section 8" •
(F) the existing clause (d) in sub-section (2) of Section 18 shall be and
shall always be deemed to -have been styled asClause (e) and in the said Clause,
the words, brackets, and letter" Clause (b) of" shall be and shall always be deemed
to have been deleted.
Repeal 3. The Slkkim Land (Requisition and Acquisition) Amendment Ordinance,
1978, is hereby repealed.
By Order of the Governor,
B.'R. PRADHAN,
Secretary to the Government of Sikkirn
Law and Legislative Department.
F 16(12) LL/77.
--------------------------- .. -~--~-PRINTED AT THE SHOOM GOVERNMENT PRESS
,,.
THE SUBSEQUENT AMENDMENTS TO THE SIKKIM LAND (REQUISITION 
AND ACQUISITION)ACT, 1977 (ACT NO. 1 OF 1978) AMENDED AND
UPDATED UPTO MAY, 1978                                                                                                                                

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